J&K terror case: Delhi High Court grants bail to 2 UAPA accused who spent nearly 5 years in custody

The Delhi High Court on Thursday granted bail to Sobiya Aziz and Kamran Ashraf Reshi, two accused in an Unlawful Activities (Prevention) Act (UAPA) case alleging a wide-ranging terror conspiracy by banned outfits in Jammu and Kashmir [Kamran Ashraf Reshi v. National Investigation Agency]..A Division Bench of Justices Navin Chawla and Ravinder Dudeja held that both the accused had already suffered a custody of almost 5 years pending trial and there is no chance of the trial ending soon.“We have also minutely perused the allegations against the appellant Kamran Ashraf Reshi, as also the material relied upon by the NIA against him. While we refrain from giving a detailed account of the same, as we fear that it may prejudice the 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,” the Court said in Reshi’s case. In Aziz’s case, the Bench observed that while the National Investigation Agency (NIA) said there is some prima facie material, she still has an arguable case for grant of bail..The NIA had alleged that there was a wide-ranging terror conspiracy involving proscribed organisations such as Lashkar-e-Taiba, Jaish-e-Mohammed, Hizb-ul-Mujahideen, Al Badr, The Resistance Front, People Against Fascist Forces, Mujahideen Gazwatul Hind etc active in Jammu & Kashmir and was being orchestrated from Pakistan. It was stated that these organisations are conspiring to undertake terror attacks in Kashmir and other cities of India and radicalising Indians. Aziz, arrested in October 2021, was accused of assisting active terrorists, including allegedly transporting a militant and possessing incriminating diaries and an Islamic State flag. Reshi was arrested at the age of 21 and accused of association with online propaganda groups and Pakistan-based handlers..After considering the case, the Court noted that out of 359 cited witnesses, only 21 had been examined, making early conclusion of the trial unlikely.The Bench also noted that several co-accused in the case were already granted bail and that Section 43D(5) of the UAPA does not oust constitutional courts' power to grant bail where prolonged incarceration and trial delay implicate Article 21 rights..Advocates Kartik Murukutla and Abu Bakr Sabbaq appeared for Reshi. Aziz was represented through Advocates Kartik Venu, Arjan Ajai Singh Chonker, R Jude Rohit, Agrim Tandon and Alisha Sharda. Special Public Prosecutor (SPP) Amit Tiwari along with Advocates Ayushi Srivastava, Kushagra Malik, Arpan Narwal and Ujjwal Tyagi represented the NIA. .[Read Judgment]