Supreme Court upholds bail to Kashmiri rights activist Khurram Parvez in UAPA case

The Supreme Court on Friday dismissed a plea filed by the National Investigation Agency (NIA) challenging the Delhi High Court’s decision to grant bail to Kashmiri human-rights activist Khurram Parvez in a case under the Unlawful Activities (Prevention) Act (UAPA) [National Investigation Agency v. Khurram Parvez].

A Bench of Justices MM Sundresh and PB Varale refused to interfere with the High Court’s order.

The case concerns an alleged Lashkar-e-Taiba (LeT)-linked conspiracy to recruit operatives and support terrorist activities through a network of overground workers.

The NIA arrested Parvez on November 22, 2021. According to the agency, he recruited operatives, collected information on security forces and military installations, and helped mobilise protests following militant commander Burhan Wani’s killing in 2016.

The trial court rejected his bail application in December 2024, finding that the allegations against him appeared prima facie true. Parvez challenged that decision before the Delhi High Court.

The Delhi High Court noted that Parvez had spent nearly four-and-a-half years in custody, with little prospect of the trial concluding soon. His rights under Article 21 of the Constitution had to be balanced against, and could even outweigh, the bail restriction under Section 43D(5) of the UAPA, it held.

Without expressing a final opinion on the merits, the High Court set aside the trial court’s order and granted him bail subject to conditions.

The NIA challenged this ruling before the Supreme Court, which dismissed its appeal today.

Additional Solicitor General (ASG) Raja Thakare appeared for the NIA.

Senior Advocate Tanveer Ahmed Mir, with advocates Swati Khanna, Mohd Yasin, Raminder Kaur, Irfan Ali and Shahzad Khan, appeared for Parvez.