Almost 5 Years In Jail, UAPA Trial Nowhere Near Conclusion: Delhi High Court Grants Bail To Two In J&K Terror Conspiracy Case
The Delhi High Court on Thursday granted bail to two accused in an alleged Jammu and Kashmir terror conspiracy case registered by the National Investigation Agency (NIA).
A Division Bench comprising Justice Navin Chawla and Justice Ravinder Dudeja granted bail to Sobiya Aziz and Kamran Ashraf Reshi, noting their prolonged incarceration of almost five years and that there is no chance of the UAPA trial ending soon.
The case was registered by NIA alleging a larger conspiracy involving cadres and affiliates of proscribed terrorist organisations operating in Jammu & Kashmir and allegedly controlled by Pakistan-based handlers.
NIA alleged that the network was involved in radicalising and recruiting youth, procuring arms and planning terrorist attacks in J&K and other parts of India.
As per FIR, Sobiya Aziz, arrested in October 2021, was allegedly found with diaries containing handwritten notes on Shariyat law, Islamic State ideology and jihadi material, besides an Islamic State flag. The NIA also alleged her involvement in transporting a militant.
Kamran Ashraf Reshi, also arrested in October, 2021, was alleged to be associated with online propaganda groups linked to terrorist organisations and Pakistan-based handlers. The NIA also alleged that he attended radicalising lectures and was associated with an active Hizbul Mujahideen terrorist.
Granting bail, the Court noted that Sobiya Aziz, a woman, had been in custody since October 22, 2021 and that, out of 359 witnesses cited by the NIA, only 21 had been examined.
“Keeping in view the fact that the appellant Sobiya Aziz has been in long incarceration of almost 5 years; is a lady; is suffering from various ailments; and the trial is not likely to conclude anytime soon, we are of the opinion that the appellant is entitled to be released on bail,” the Court said.
It added that though the NIA may say that there was some prima facie material to proceed against her, however, she still had an arguable case for grant of bail.
The Court similarly noted that Kamran Ashraf Reshi, arrested when he was around 21 years old, had also spent almost five years in custody pending trial.
“….we are of the opinion that given the long period of incarceration of the appellant juxtaposed against the material alleged against him by the NIA, the appellant has been able to make out a case for being released on bail,” it said.
Counsel for Kamran Ashraf Reshi: Mr.Kartik Murukutla and Mr.Abu Bakr Sabbaq, Advs
Counsel for Sobiya Aziz: Mr.Kartik Venu, Mr.Arjan Ajai Singh Chonker, Mr.R. Jude Rohit, Mr.Agrim Tandon and Ms.Alisha Sharda, Advs
Counsel for NIA: Mr.Amit Tiwari, SPP with Ms.Ayushi Srivastava, Mr.Kushagra Malik, Mr.Arpan Narwal and Mr.Ujjwal Tyagi, Advs
Title: KAMRAN ASHRAF RESHI v. NIA & other connected matter