Two Mumbai residents held in a Pakistan-supported terror module case sought discharge on Saturday claiming the prosecution has not been able to spell out a "single instance of preparation, conspiracy or actual act of terror".
Rizwan Momin and Irfan Shaikh, teacher and tailor, respectively, are charged with sheltering and harbouring prime accused Zakir Husain, who was arrested by Maharashtra Anti-Terrorism Squad (ATS) September 2021. Husain's interrogation led to the arrest of Momin and Shaikh.
As per the prosecution, Zakir Husain was constantly in touch with his brother Sagir in Pakistan and, therefore, it is believed that the latter was up to some vicious plan.
The prosecution has claimed that Husain, after arrest, gave a statement that "big work" had been given to him at the instance of "Chota Shakil through Sagir".
The ATS has alleged that Momim and Shaikh had helped Husain in terror activities, including providing him shelter at their residence.
Additionally, Momim had destroyed Husain's mobile phone and sim card on his instruction, the prosecution said.
The duo, in their discharge plea filed before a court here through advocate Rohin Chauhan, claimed the material alleged against them is "extremely weak".
No prima facie case of their involvement in the alleged offence is made out, the plea said.
The prosecution has alleged that the duo aided Husain in terror activities, but it has not been able to spell out a single instance of preparation, conspiracy or actual act of terror even after winding up investigation, the plea said.
The court has asked the prosecution to file its response to the plea. The matter will be next heard on December 10.
While Hussain is still in judicial custody, the two other accused are currently out on bail.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
