The Delhi High Court on Wednesday denied bail to separatist leader Nayeem Ahmad Khan in a case registered under the Unlawful Activities (Prevention) Act (UAPA) related to alleged terror funding activities.
A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur heard the matter and dismissed the bail application filed by Khan. The case was initiated by the National Investigation Agency (NIA) based on allegations of a larger criminal conspiracy involving funding of terror activities in the Kashmir valley.
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Khan had moved the High Court challenging the trial court’s decision dated December 2022, which had rejected his bail plea. He has been under judicial custody since August 14, 2017, after being arrested on July 24, 2017.
According to the NIA, Khan played a crucial role in "creating unrest" in the Kashmir Valley. The agency cited video evidence allegedly showing Khan leading a pro-ISIS rally and visiting areas where terrorists were neutralized. The NIA claimed these videos also include conversations related to funding from the banned outfit Hizbul Mujahideen.
“Evidence clearly establishes a prima facie case against Khan and his involvement in terrorist and funding activities,” the NIA submitted in court.
The Special NIA Judge, while rejecting the bail at the trial court level, had emphasized that a detailed scrutiny of evidence and witness statements had been carried out during the framing of charges. The court found "grave suspicion" regarding Khan’s involvement in the alleged offenses.
“Since charges have already been framed and have not been stayed or set aside by the High Court, the evidence cannot be re-appreciated at the stage of bail,” the trial judge had observed.
The NIA’s case is based on an FIR registered following a complaint by the Ministry of Home Affairs. As per the complaint, "secret information" from an informant revealed that Lashkar-e-Taiba chief Hafiz Muhammad Saeed and several separatist leaders, including those affiliated with the Hurriyat Conference, were engaged in raising funds through hawala channels. These funds were allegedly used to fuel violence and unrest in Kashmir.
“The conspiracy included pelting stones at security forces, burning of schools, damaging public property, and waging war against India,” the NIA stated.
The case involves serious allegations under multiple sections of Indian law:
- Indian Penal Code (IPC): Sections 120B (criminal conspiracy), 121 (waging war against India), 121A (conspiracy to wage war), and 124A (sedition).
- Unlawful Activities (Prevention) Act, 1967: Sections 13, 16, 17, 18, 20, 39, and 40, which deal with unlawful activities, terrorist acts, and funding of terrorism.
The bail application before the Delhi High Court was argued by Advocates Tara Narula, Tamanna Pankaj, and S. Debabrata Reddy on behalf of Khan.
After hearing all submissions and reviewing the case record, the Delhi High Court upheld the lower court's order and refused to grant bail to the accused.
“This Court finds no merit in the bail plea, particularly when charges have already been framed and substantial material exists on record supporting the allegations,” the bench noted in its order
The bail appeal was moved through Advocates Tara Narula, Tamanna Pankaj and S. Debabrata Reddy
Title: Nayeem Khan v. NIA
