J&K Terror Funding Case: Delhi High Court Rejects Pleas Of Accused Against Framing Of Charges

The Delhi High Court on Tuesday rejected the appeals filed by sons of Hizb-ul-Mujahideen chief Syed Salahuddin and others challenging the framing of charges against them in a Jammu and Kashmir terror funding case.

A division bench comprising Justice Vivek Chaudhary and Justice Manoj Jain said that the appeals were not maintainable in view of Section 21 of the National Investigation Agency Act.

Section 21 allows appeals against order, judgment and sentence but bars appeals from interlocutory orders.

“The present appeals, being directed against the order on charge, are not maintainable in view of Section 21 of the NIA Act and are accordingly dismissed,” the Bench said while pronouncing the verdict.

The pleas were filed by Shahid Yousuf and Syed Ahmad Shakeel.

As per the NIA, both Yousuf and Shakeel are sons of one Mohammad Yousuf Shah, “a self-styled supreme commander of Hizb-ul-Mujahideen”- which is a proscribed terrorist organization.

Shahid Yousuf was arrested in the case on October 24, 2017 whereas Shakeel was arrested on August 30, 2018.

Regarding Shakeel, NIA alleged that he, in pursuance to the criminal conspiracy and in connivance with a co accused and other members of Hizb-ul-Mujahideen, acted as a member of the terrorist gang, indulged in unlawful activities, raised and mobilized funds from Saudi Arabia, and held proceeds of terrorism to support terror activities of Hizb-ul-Mujahideen in the State of Jammu & Kashmir and other parts of India.

In August, a coordinate bench granted bail to Syed Ahmad Shakeel but denied the relief to Shahid Yusuf.

Notably, today, the Bench also rejected similar petitions filed by various other NIA accused- Masarat Alam Bhat, Shabir Ahmed Shah, Zahoor Ahmad Shah Watali, Nayeem Ahmed Khan, Javed Ali, Alemla Jamir, Masasasong Ao, Abdur Rehman, MD Waqar Lone, Rajkumar, Rouf Ahmad Bhat, Mateen Ahmed Bhat, Hasir Nisar Langoo, Manan Dar, Hanan Gulzar Dar, Zamin Adil Bhat and Arsalan Feroze.

NIA was represented by Senior Advocate Sidharth Luthra, with SPP Akshai Malik and Advocates Khawar Saleem Advocate, Ayush agarwal