Extension of Detention under UAPA S.43D(2) Not Mechanical if Trial Court Records Satisfaction Based on Detailed Prosecutor's Report: Delhi High Court - 2025-09-15

Delhi High Court Upholds Detention Extension in ISIS Module Case, Denies Default Bail to Accused

New Delhi: The Delhi High Court has dismissed an appeal for default bail filed by Mohd Rizwan Ashraf, an accused in a case involving an alleged ISIS conspiracy. A division bench of Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar held that the trial court's order extending the period of investigation and detention under the stringent Unlawful Activities (Prevention) Act (UAPA) was not passed mechanically and was justified by the complexity of the ongoing probe.

The Court affirmed that an extension of pre-charge detention is valid when the trial court meticulously examines the Public Prosecutor's report, records its satisfaction regarding the progress of the investigation, and finds compelling reasons for granting more time to the investigating agency.

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Background of the Case

The case originates from an investigation into an alleged ISIS module planning terrorist activities in Delhi and other parts of India. Mohd Rizwan Ashraf was arrested on October 1, 2023, along with co-accused, following raids by the Delhi Police Special Cell. The National Investigation Agency (NIA) later took over the probe, registering it as RC No. 29/2023.

The allegations against Ashraf and others include propagating ISIS ideology, radicalising youth, procuring arms and explosives, and planning attacks. Initially, the trial court extended the investigation period from 90 to 150 days. Later, on February 24, 2024, it granted a further 25-day extension. Aggrieved by this, and the subsequent dismissal of his default bail application, Ashraf approached the High Court.

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Arguments of the Parties

Appellant's Contentions (Mohd Rizwan Ashraf):

• Mechanical Extension: The appellant, through his counsel Mr. Abhinav Sekhri, argued that the trial court extended his detention in a "mechanical and perfunctory manner" without individually assessing his role or finding "compelling reasons" as required by law.
• Investigation Substantially Complete: It was contended that the investigation was largely complete, evidenced by the fact that the NIA had already filed a chargesheet in a connected Mumbai case involving common accused persons.
• Failure to Demonstrate Necessity: The counsel submitted that the NIA failed to establish a tangible link between the pending investigation and the necessity of his continued detention, a crucial safeguard for personal liberty under Article 21.
• Disregard for Safeguards: The appellant argued that the trial court disregarded statutory safeguards under Section 43D(2) of the UAPA by not scrutinizing the prosecution's claim that the investigation was incomplete.

Respondent's Submissions (National Investigation Agency):

• Complex and Cross-Border Conspiracy: The NIA, represented by Senior Advocate Mr. Gautam Narayan, vehemently opposed the appeal. It was argued that the investigation was intricate, involving a nationwide conspiracy with cross-border dimensions, including a fund trail from the Maldives.
• Crucial Investigation Pending: The agency highlighted that crucial aspects of the probe, such as analysing voluminous digital data from seized devices, tracing other absconding suspects, and unearthing the larger funding mechanism for ISIS, were still pending.
• Due Process Followed: The NIA asserted that the extension was sought based on a detailed 90-page report from the Public Prosecutor, which outlined the investigation's progress and the specific reasons for needing more time, thereby fully complying with Section 43D(2) of the UAPA.

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High Court's Analysis and Ruling

The High Court meticulously examined the trial court's order dated February 24, 2024, which was the central point of contention. The bench observed that the trial court had not acted mechanically but had passed a reasoned order.

Citing its own precedent in Zeeshan Qamar vs State NCT of Delhi (2023) , the Court reiterated the essential requirements for extending remand under UAPA: 1. The Public Prosecutor’s personal satisfaction on the progress of the investigation. 2. Specific reasons why the probe could not be completed within 90 days. 3. Details of the further investigation required.

The bench noted:

"A perusal of the foregoing paras and material on record shows that the Ld. Trial Court has passed a reasoned order after due consideration of the statutory safeguards as prescribed under Section 43D(2) of the UAPA... The Ld. Trial Court has meticulously dealt with the Public Prosecutor’s Report submitted before it and has also recorded its satisfaction regarding the necessity of further investigation."

The High Court highlighted key investigative elements that justified the extension:

* The accused were allegedly active ISIS members recruiting youth and planning reconnaissance for terrorist activities in multiple cities.

* Substantial cash, arms, and explosive materials had been seized.

* Encrypted chats, incriminating videos, and ISIS propaganda magazines recovered from the accused were under analysis.

* The sheer volume of digital data from seized devices required extensive forensic examination.

The Court concluded that the investigation was at a crucial stage and releasing the appellant would have impeded its progress.

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Final Decision

Finding no merit in the appeal, the Delhi High Court dismissed it. The bench held that the trial court’s decision to extend the detention period was based on credible material and a thorough application of mind, thereby disentitling the appellant to default bail. The Court's order reinforces the principle that while default bail is an indefeasible right, it does not accrue if the investigation period is lawfully extended by a court that has duly satisfied itself of the necessity for such an extension.