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‘No material to substantiate claim’: Kashmir couple held for IS link, Delhi riots seek bail

A couple from Jammu and Kashmir, who were arrested last year in Indian capital New Delhi, for allegedly having links to the Islamic State in Khorasan Province, have moved a bail application, stating “that posting material on social media could be taken as an inclination towards the ideology but it cannot be an indication that the accused had stepped towards the path of violence to achieve the objectives of the organization.”

Jahanzaib Sami and Hina Bashir Beigh were arrested on March 8 last year for allegedly instigating protests against the Citizenship (Amendment) Act.

India’s central probe agencies have claimed in case these protests failed to provoke the Muslims, they were planning for arsoning of government buildings and public property so that riots could happen and they could exploit the sentiments of Muslims.

Almost a year after their arrest, they have moved a bail application which stated, “That there is no material to substantiate the claim that the accused was a member of ISIS or was inciting and recruiting like-minded people or was in contact with ISIS operatives.”

The bail plea moved through Advocate Qausar Khan and MM Khan, added: that posting material on social media could be taken as an inclination towards the ideology but it cannot be an indication that the accused had stepped towards the path of violence to achieve the objectives of the organization.

“Possession of any literature or reading material on ISIS and watching videos does not prove anything adverse against the accused. It becomes adverse only when there is any positive act from the side of the accused to instigate violence.”

The plea said prima facie, there is nothing to suggest that any overt act on the side of the accused, the application stated, adding that the books and videos are also available in public domain and can be easily accessed by anyone.

Communal clashes had broken out in north-east Delhi on February 24, 2020 after violence between the Citizenship (Amendment) Act (CAA) supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.

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