“Best Morning to Send a Message”: SC Refuses Bail in ISIS-Linked UAPA Case

A day after the Delhi car blast, the Supreme Court refused to grant bail to a man accused of spreading ISIS ideology and plotting terror activities under the Unlawful Activities (Prevention) Act, 1967 (UAPA).

A Bench of Justice Vikram Nath and Justice Sandeep Mehta dismissed the Special Leave Petition (SLP) challenging the Madhya Pradesh High Court’s decision that had earlier denied bail. The accused has been in custody for over two years.

“We are not inclined to interfere,” the Bench observed, directing the trial court to complete the trial within two years. The Court further stated that if the trial is not concluded within that period due to no fault of the accused, he may renew his bail plea. Out of 94 witnesses listed, 19 have already been examined.

During the hearing, Senior Advocate Sidharth Dave, appearing for the petitioner, remarked, “Not the best morning to argue this case after yesterday’s incident,” referring to the Delhi blast that killed several people. Justice Mehta responded, “Best morning to send a message.”

The Court noted that inflammatory material was recovered from the accused, who allegedly created a WhatsApp group named “Fisabilillah” resembling ISIS communication channels. Dave argued that the only materials recovered were religious texts and claimed that an NIA witness had accused the officers of coercion.

Justice Mehta questioned, “Leave aside the witness, what about the recovery? You formed a group almost identical to ISIS. What was the intention?”
Justice Nath added, “It is about creating turbulence and disturbing civility in the country.”

Dave contended that no explosives were found and that his client, who is 70% disabled, had already spent two and a half years in jail. However, the Court held that the offences under the UAPA covered even preparatory acts and that a prima facie case existed.

The Bench thus denied bail but emphasised the need for a speedy trial.

Earlier, on January 6, 2025, the Madhya Pradesh High Court had also dismissed his appeal, observing that he was part of a conspiracy to attack the Jabalpur Ordnance Factory to obtain weapons. The High Court relied on seized videos, documents, and communication records to find a prima facie link with ISIS under Sections 13, 17, 18, 20, 38, 39, and 40 of the UAPA.

Case Title: Syed Mamoor Ali @ Mamoor Bhai v. Union of India
Case No.: SLP (Crl) No. 12739/2025