A division bench of justices V K Tahilramani and M S Karnik today slated the NIA appeal for hearing on June 6. The bench, however, refused to stay the proceedings going on in the case before the special NIA court.
A special NIA court had in February this year discharged Majeed from being the member of a terrorist gang in violation of the section 20 of the country's anti-terror law Unlawful Activities (Prevention) Act.
According to the NIA, Majeed and three others from Kalyan township in neighbouring Thane district had left the country in May 2014 allegedly to join the Islamic State (IS). They had left the country on the pretext of going on a pilgrimage.
In November 2014, Majeed was arrested on his return to India.
Majeed will continue to face charges under sections 16 (punishment for terrorist act) and 18 (punishment for conspiracy) of the UAPA, besides section 125 (waging war against any Asiatic Power in alliance with the Government of India) of the Indian Penal Code.
According to the NIA, the ISIS was banned by the United Nations Security Council in 2014, which was binding on all UN members including India.
Hence, dropping of section 20 of the UAPA against Majeed was erroneous, the NIA said in its appeal.
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