Delhi HC issues notice on bail pleas of 2 Kashmiri youths accused in NIA case under UAPA
May 17, 2023
New Delhi [India], May 17 : Delhi High Court on Wednesday issued notice on appeals moved by two Kashmiri youth accused in National Investigation Agency (NIA) case under Unlawful Activities Prevention Act (UAPA).
The two men have challenged the trial court order denying them bail. The Division bench comprising justices Sidharth Mridul and Talwant Singh issued notice on appeals moved by Advocate Tara Narula on behalf of Haris Nisar Langoo and Zamin Adil accused in the NIA case.
The bench has also issued notice on the applications seeking condonation of delay in filing the appeals. The court has listed the matter for further hearing on July 18 on these appeals.
The appeals were filed under Section 21(4) of the National Investigation Agency Act, 2008 read with Section 43-D (5) of the Unlawful Activities Prevention Act, 1967 (UAPA).
These appeals challenged the order dated March 3, 2023, passed by Special Court (NIA), Patiala House Courts dismissing the bail applications filed on behalf of the Appellant seeking his release on regular bail under Section 43-D (5) of the UAPA.
It has been submitted on behalf of Haris Nisar Langoo that the Special Court's decision to dismiss the Appellant's bail application is flawed for the reason that the respondent agency has failed to put forth any reliable material, which substantiates the allegations made against the Appellant.
The Appellant Haris is a 23-year-old student from Khneyar, Srinagar, who also worked as a part-time delivery boy at a local restaurant in order to support his family. He was arbitrarily arrested by the NIA on October 22, 2021, after being illegally detained by the Kashmir Police during the raid conducted on the night of October 21, 2021, in connection with an NIA case, the plea said.
It further said that the Appellant Zamin Adil is a 25-year-old student from Munawarabad, Srinagar, who also worked as a part-time delivery boy at a local restaurant in order to support his family.
"He too was arbitrarily arrested by the Respondent Agency on October 22, 2021, after being illegally detained by the Kashmir Police during the raid conducted on the night of October 21, 2021, in connection with a case registered at P.S. National Investigation Agency, New Delhi on October 10, 2021, under Sections 120B, 121A, 122 & 123 of the Indian Penal Code (IPC) and Sections 18, 18A, 18B, 20, 38 & 39 of the Unlawful Activities Prevention Act (UAPA)", the appeal stated.
The FIR is vague in nature and does not name any of the accused persons including the Appellant, it added.
It is submitted that there is absolutely no incriminating material recovered from the Appellant which suggests that he was in fact, a member of any of the proscribed terrorist organizations or their frontal organizations or such evidence which indicates that the Appellant was actively working in furtherance of the ideology of such organization or such other terror outfits.
It is also said that the Sessions Court has proceeded to deny bail to the Appellant mechanically by relying on the bar contained in Section 43D (5) of the UAPA and taking an erroneous and excessively restrictive interpretation of the decision in NIA vs. Zahoor Ahmad Shah Watali, qua the existence of a prime facie case against the accused.
The investigation qua the appellant is complete and a charge sheet has already been filed by the investigating agency qua the appellant, the plea submitted.
The matter involves over 200 witnesses, over 5000 pages of documents and several accused persons sp there is no likelihood of a speedy trial, it pointed out.
In the above backdrop, no useful purpose would be served by keeping the appellant in custody in the meantime, particularly in a case where the appellant has been baselessly roped in on the strength of prima facie wholly admissible and unreliable evidence and the same amounts to a complete travesty of justice.
