Overview
- The special NIA court refused to discharge Irfan Khan, citing sufficient prima facie evidence to proceed under the IPC and UAPA.
- The order held the murder was part of a larger conspiracy with intent to create terror in a section of people, meeting Section 15’s definition of a terrorist act.
- The court noted no personal rivalry with Umesh Kolhe and said materials showed planning, logistics, and support attributed to Khan.
- Bail was also denied to accused Shahrukh Khan, whom the court said conducted a recce and knowingly participated in the plot.
- The defence claim that UAPA was an afterthought and required a banned outfit was rejected, as the court said individuals can commit a terrorist act; 11 accused face trial in the 2022 case linked to Kolhe’s social-media posts backing Nupur Sharma.