Kids Bullied After NIA Linked Drug Case To Pahalgam Attack, Says Accused; Supreme Court Says Family Must Not Suffer

In connection with a bail matter where the NIA yesterday linked drug proceeds to funding of terrorism and cited the recent tragedy of Pahalgam Terror Attack, the Supreme Court was today informed that the accused's children were bullied in school as "terrorists' children" because of the comment made and had to be brought back.

The matter was mentioned before a bench of Justices Surya Kant, Dipankar Datta and N Kotiswar Singh by Senior Advocate Aryama Sundaram, who cited a Times of India report to say that Additional Solicitor General Aishwarya Bhati called the case an "National Investigation Agency case", even though it was not investigated by the NIA, and linked the alleged drug proceeds to terrorism-funding.

As per the report, while opposing the petitioner's bail, ASG Bhati argued yesterday that the subject seizure of 3,000 kg of heroin worth Rs 21,000 crore was part of LeT's narco-trafficking strategy. "Look what they did to India at Pahalgam by shooting innocent tourists", she said. As per the NIA, the case pertained to the "largest intercepted consignment of narco- substance being brought to India through illicit means, which was to be used, not only, to wreak a havoc among the public, but also, to use the sale proceeds to fund terrorism".

Sundaram alleged that this "ipse dixit" statement has led to the petitioner's family receiving threat calls, so much so that his children had to be brought back from school. The senior counsel beseeched the Court to clarify that the instant case had nothing to do with the terror attack.

"It's all because of what was said in Court, that this is an NIA case. NIA has not even investigated. Everybody should know how comments can affect innocents", he submitted.

In response, Justice Kant opined that the ASG was arguing in a different context and assured that the Court would not be influenced by the media reports. The matter would be decided based on what has been argued and what is there on record, the judge added.

"I never read this kind of news. I never allow myself to be influenced by any extraneous reasons, whether news item or anything...just forget it. Better don't read. These are all perceptions, sometimes correct, sometimes wrong."

Solicitor General Tushar Mehta submitted that the investigation has revealed that the drug proceeds have gone to LeT. Taking objection to the submission, Sundaram said that there is no evidence whatsoever to support the claim. "Give one scrap of paper which you produced in Court which says it", he exclaimed.

Deflating the situation, Justice Kant observed that the ASG did not really oppose bail on these grounds. "This is not the issue that arises for consideration, therefore let's not unnecessarily...sometimes people are swayed by emotions while arguing cases...it happens on both sides", the judge stated.

Later, ASG Bhati appeared and submitted, "Children should not suffer. If that is the issue, police will take care of it". The Court parted with the matter, with Justice Kant observing,

"No family member of any person, whosoever committed or did not commit anything, no family member should suffer due to it. Take care of that part. We really don't want to say anything. You know very well what is to be done."

Case Title: HARPREET SINGH TALWAR @ KABIR TALWAR Versus THE STATE OF GUJARAT, SLP(Crl) No. 8878/2024