After 4.5 Yrs In Custody, Supreme Court Grants Bail To UAPA Accused In Jammu & Kashmir Larger Conspiracy Case

Taking note, inter alia, of his incarceration for over four and a half years, the Supreme Court today granted bail to UAPA accused Suhail Ahmad Thokar in the Jammu and Kashmir “larger conspiracy” case arising after the revocation of Article 370 of the Constitution.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi passed the order, adding that any failure on the part of the appellant to cooperate with the ongoing trial shall be construed as misuse of the relief granted.

Notably, the Court had earlier passed orders from time to time to ensure that vital/protected witnesses who had to depose against the petitioner were able to record their statements without any fear (prior to his release).

During today's hearing, Additional Solicitor General KM Nataraj informed that though some vital/protected witnesses remain to be examined, their statements concern the role of the co-accused, not the petitioner.

Noting that some of the co-accused had been granted bail, that the trial could take time to conclude, and the period already spent in custody, the Court granted the petitioner bail. The bail bonds were directed to be furnished to the satisfaction of the concerned NIA Court. The said Court shall impose conditions as deemed fit, while ensuring the petitioner's presence before the jurisdictional police station.

At the request of his counsel, the Court also granted liberty to the petitioner to seek permission from the NIA court to appear virtually (like the co-accused), which request shall be considered by the court as per law.

To recap, the case arises out of an intelligence report regarding the incubation of a larger conspiracy in the Kashmir valley, pursuant to which NIA lodged an FIR under various provisions of the UAPA and the Indian Penal Code (IPC). Petitioner-Thokar was arrested on 20.10.2021 and the chargesheet was filed against him and co-accused persons.

As per the chargesheet filed by the NIA, the larger conspiracy was masterminded by high-ranking leaders of various terrorist organizations, including Lashkar-e-Taiba (LeT), Hizb-ul-Mujahideen (HM), Al-Badr and other entities situated in Pakistan. The chargesheet further alleged that the conspiracy was conceived subsequent to the revocation of Article 370, with the objective of reigniting acts of terrorism in Jammu and Kashmir as well as in other regions of India.

As per the State agency, the terrorist groups, in collaboration with their facilitators and leaders based in Pakistan, along with their Over-Ground Workers within India, were involved in influencing and radicalizing susceptible local youth, with the objective to recruit and train them for participating in acts of terrorism. According to the chargesheet filed by NIA, the petitioner played an active role in providing refuge to members of the terrorist organizations and their associates within his domicile, with the aid of his acquaintances.

Initially, the petitioner's bail application was dismissed by the Additional Sessions Judge, Special Judge (NIA), Patiala House Courts, after observing that the prosecution had been able to show that there was prima facie evidence to substantiate the case and accusations levelled against the petitioner.

In September, 2023, he was denied bail by the Delhi High Court. The Court observed that several pieces of evidence were procured during the course of investigation that suggested the accused's significant involvement in the larger conspiracy and in activities related to militancy and terrorism. It further noted that as per the chargesheet filed by NIA, the accused had attempted to arrange shelter for two militants associated with Jaish-e-Mohammed (JeM), a banned terrorist organization listed in the First Schedule of the UAPA.

Aggrieved, the petitioner approached the Supreme Court.

Case Title: SUHAIL AHMAD THOKAR Versus NATIONAL INVESTIGATION AGENCY, SLP(Crl) No. 83/2024