Delhi High Court Refuses Interim Bail To PFI Leader Shahid Nasir In UAPA Case, Asks Him To Move Special NIA Court

The Delhi High Court has refused to grant interim bail to Popular Front of India (PFI) leader Shahid Nasir in a case registered by NIA under UAPA.

A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta observed that the application for interim bail ought to be first moved before the Special NIA Court.

“This Court has not considered the merits of the matter. The Special Court before whom such an application may be moved, is free to consider the same in accordance with law despite the pendency of the appeal before this Court,” the Court said.

Nasir had sought interim bail to travel to Karnataka to attend the wedding ceremonies of his niece from April 02 to April 05.

His regular bail plea was rejected by the trial court on September 07 last year. The application for interim bail was moved in his pending appeal challenging the denial of regular bail by the trial court.

SPP Rahul Tyagi appearing for NIA challenged the maintainability of the interim bail plea on the ground that the High Court was exercising appellate jurisdiction under Section 21 of NIA Act.

He submitted that an original application seeking bail for any other reason, or events which have taken place subsequent to the dismissal of the application which was earlier considered by the Special Court, would have to be first preferred before the trial Court itself and not before the High Court.

The Court noted that it was not disputed that the High Court was exercising appellate jurisdiction under Section 21 of NIA Act.

It said that the ground of niece's wedding for consideration of interim bail was a subsequent event, i.e. after denial of Nasir's regular bail plea. The consideration of this application by this Court, could deprive either of the parties of an appeal under Section 21, the Bench added.

“Accordingly, this Court is of the opinion that following the judgment of the Supreme Court in State of Andhra Pradesh through I.G. National Investigation Agency & Ors vs. Mohd. Hussain & Ors., (Supra) the application for interim bail ought to be first moved before the Special NIA Court,” the Court said.

The FIR alleges that various PFI members were conspiring and collecting funds from India and abroad for committing terrorist acts in multiple states. It also alleges that the PFI members are involved in radicalizing and recruiting Muslim youth for proscribed organisations like ISIS.

The FIR was registered under section 120B and 153A of the Indian Penal Code, 1860 and section 17, 18, 18B, 20, 22B 38 and 39 of the Unlawful Activities (Prevention) Act, 1967.

Counsel for Appellant: Mr. Satyakam, Mr. Talha Abdul Rahman, Mr. Shaikh Saipan, Mr. Shareef K.A., Mr. Md Arif Hussain, Mr. Shudhanshu Tewari and Mr. Faizeen Hussain Khan, Advocates

Counsel for Respondent: Mr. Rahul Tyagi, SPP with Mr. Jatin, Mr. Amit Rohila, Mr. Aniket Singh, Advs

Title: SHAHID NASIR v. NIA

Citation: 2025 LiveLaw (Del) 339

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