Supreme Court Orders One-Year Trial Deadline in ISIS Cyber Radicalisation Case

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order while hearing a plea filed by Md Heydaitullah, who challenged a January 2025 verdict of the Delhi High Court that denied him bail in the case.

Heydaitullah was arrested by the National Investigation Agency (NIA) in October 2022. He was alleged to have disseminated ISIS ideology through cyberspace, with various incriminating materials allegedly recovered from electronic devices seized during the investigation.

During Tuesday’s hearing, Additional Solicitor General Aishwarya Bhati, appearing for the NIA, told the Supreme Court that charges had been framed against eight accused in the case.

The counsel appearing for the petitioner told the bench that Heydaitullah had been in custody for around four years.

Bhati informed the bench that the matter was now before a special court and that there were 14 protected witnesses. She said there were a total of 12 accused, of whom four were absconding and eight had been charge-sheeted.

The Supreme Court directed the special court to complete the examination of vital and protected witnesses within six months. While disposing of the petition, the bench also directed the special court to ensure that the trial is concluded within one year.

The bench said the special court could take up the case on a day-to-day basis, if required.

The Delhi High Court had earlier refused to grant bail to the accused. Heydaitullah had challenged a trial court order denying him bail in a case registered for alleged offences under various sections of the Indian Penal Code and the Unlawful Activities Prevention Act (UAPA).

In its verdict, the High Court had observed, "The Appellant admittedly in 2018 had taken an oath (Bayath) in the name of Abu Bakr al Baghdadi and Abu al-Hasan al-Hashimi al-Qurashi. Abu Bakr al Baghdadi is admittedly a well-known leader of ISIS and as per the chargesheet had declared formation of 'caliphate' in June 2014."

Following an FIR registered in 2021, the NIA arrested the accused in October 2022. The prosecution alleged that he disseminated ISIS ideology through cyberspace and spread hatred against the Government of India by promoting enmity against Hindus on social media.

The prosecution further alleged that he had transferred funds from his bank account for the cause of ISIS.

The Supreme Court’s direction sets a defined timeline for the proceedings, including the examination of vital and protected witnesses within six months and completion of the trial within one year.