**Mumbai: Special NIA Court Orders Release of Flat Attached in ISIS-Linked Case**

The special NIA court has ruled in favor of a 59-year-old Pune-based businessman, ordering the release of his flat attached by the NIA after it was allegedly used by a suspect with links to ISIS. The court emphasized that once a property is rented out, the landlord is typically unaware of activities taking place within the premises.

**Flat Attachment Released by Special Judge Chakor Baviskar**

Special Judge Chakor Baviskar granted relief to the businessman, stating, “The landlord of the property is not at all considered to have been involved in any manner with any of the offences and even the said property is not at all even prima facie proved to be proceeds of terrorism.”

**Businessman Challenges MHA Order**

The businessman challenged an order by the Ministry of Home Affairs (MHA), dated May 3, 2014, which confirmed the attachment of his flat located in Kondhwa, Pune. The flat had been attached by the NIA on March 7, 2024.

**Flat Rented to Rizwan Ali, Accused in ISIS Pune Module**

The property was rented out to Rizwan Ali, an accused involved in the alleged ISIS Pune module that was busted last year. The prosecution argued that the flat was under the controlled possession of Rizwan Ali. It was also claimed that explosive materials were found and seized from the kitchen of the flat.

**Court Notes Property Was Pre-Owned by Landlord**

The court noted that the businessman had owned the property long before the Leave and License agreement was signed with Rizwan Ali. “The fact is clear that, since much prior to the Leave and License Agreement, the present appellant has been the owner of the said property. He is a landlord,” the judge observed.

Importantly, the Leave and License agreement did not mention any involvement of ISIS or any other organization alongside tenant Rizwan Ali.

**Court Rejects NIA’s Claim of ‘Proceeds of Terrorism’**

While the NIA alleged that incriminating substances used for preparing explosives were found in the flat, the court clarified that this did not classify the property as ‘Proceeds of Terrorism’ under the Unlawful Activities (Prevention) Act (UAP Act).

“Even if the NIA’s claims are accepted without admission, by no stretch of imagination can the said property be termed as ‘Proceeds of Terrorism’. It was already and much previously owned by the appellant,” the court stated.

**Landlord Cleared of Any Liability**

The court concluded that the landlord, Anwar Ali, could not be held liable for the actions committed by his tenant, especially since there was no evidence suggesting the landlord’s knowledge or involvement in the accused’s activities.

“Hence, the appellant Anwar Ali cannot at all be held liable in any manner for the acts committed by his tenant Rizwan Ali, that too, when the landlord was not at all aware, nor he connived in any manner to the acts of Rizwan Ali,” the judgment clarified.

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https://www.freepressjournal.in/mumbai/mumbai-news-special-nia-court-orders-release-of-59-year-old-businessmans-flat-attached-over-tenants-alleged-isis-links