The Delhi High Court has recently dismissed an appeal against the denial of bail to Mohammad Heydaitullah, an alleged member of the terrorist group ISIS.
Heydaitullah, an MBA graduate from Jamia Millia Islamia, was accused of disseminating ISIS propaganda online, spreading hatred towards Hindus, and transferring funds to support the group.
He allegedly pledged allegiance to ISIS in 2018 and conspired to establish Sharia law in India under its banner.
On January 10, 2025, a division bench of Justices Prathiba M. Singh and Amit Sharma upheld the decision of a special National Investigation Agency (NIA) court that had refused Heydaitullah bail.
The bench observed that the charges against him, supported by evidence such as WhatsApp conversations and financial transactions, were serious enough to warrant continued detention.
The NIA's investigation revealed that Heydaitullah had actively participated in promoting ISIS's ideology. This included attempting to recruit individuals into ISIS through online groups, where he advocated for jihad and the establishment of a caliphate.
The court also noted that his actions were not merely supportive but involved active participation in furthering ISIS's goals.
One of the key pieces of evidence presented by the prosecution was a series of chats that showed Heydaitullah seeking ways to join ISIS and support its cause.
These communications, coupled with his knowledge of ISIS activities, were central to the court's decision. The court remarked that these actions went beyond passive support and reflected a direct effort to recruit and engage others in violent jihad.
The case also involved allegations that Heydaitullah had transferred Rs. 15,000 from his bank account to support ISIS, ostensibly for the benefit of women and children associated with the group's fighters.
Despite his defence that the donation was for charity, the NIA's evidence showed that the funds were intended to support ISIS operations. The court found that this further corroborated the charges against him.
The NIA charge sheet detailed Heydaitullah's membership in multiple pro-ISIS online groups and his involvement in disseminating ISIS-centric propaganda.
Additionally, the investigation revealed that he had transferred funds to support ISIS-linked activities. The bench noted that he had been an active participant in these online campaigns and had not simply been a passive follower of ISIS.
During his defence, Heydaitullah's counsel argued that there was no direct evidence linking him to ISIS, particularly regarding the remittance of Rs. 15,000.
They also pointed out that the charges had not been part of the initial FIR filed in June 2021, and that the connection to ISIS had only emerged after his arrest in October 2022. However, the bench rejected this argument, stating that the evidence against him was sufficient to support the charges.
The NIA also clarified that the funds Heydaitullah had transferred were linked to a Telegram group called 'Voices of Al-Hol Camp,' which raised money for ISIS fighters.
Investigators found that the group was used to solicit donations for the group's activities, and Heydaitullah's involvement in this fundraising effort further cemented his association with ISIS.
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