UAPA: Delhi High Court Grants Bail To One, Denies Bail To Other In J&K Terror Funding Case

The Delhi High Court has granted bail to one Syed Ahmad Shakeel and has denied bail to one Shahid Yusuf in relation to an alleged case of terror funding and secessionist activities in Jammu and Kashmir.

A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur observed that Shakeel had already suffered prolonged incarceration of around 6 years and 11 months, without any certainty of the trial concluding within a reasonable time.

On the other hand, it observed that the allegations and the material placed on record prima facie establish the Yusuf's involvement in the conspiracy, his direct contact with known members of the proscribed terrorist outfit and that he was alleged to have received money from a co-accused, knowing that the funds would be used to further terrorist activities.

The UAPA case was registered by NIA in 2011, after the Special Cell of the Delhi Police received information that funds originating from Pakistan were being routed to Jammu & Kashmir through hawala channels operating via Delhi, for the purpose of funding terrorist and secessionist activities in Jammu and Kashmir.

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.

While granting bail to Shakeel, the Court said that the prosecution was yet to examine a substantial number of witnesses, as only 32 witnesses were examined till date.

As the NIA emphasized that Shakeel failed to appear before the agency despite the service of three notices requiring him to join the investigation, the Court noted that Shakeel had offered an explanation for his non-appearance, which was not challenged by the NIA.

“Moreover, the appellant is a Government Servant, working as a Senior Lab Technician in the Department of Microbiology at Sher-i-Kashmir Institute of Medical Sciences, Soura. In our considered opinion, keeping in view the role assigned to the appellant, continued detention of the appellant at this stage would not serve the ends of justice,” the Court said.

While dismissing Yusuf's bail plea, the Court noted that charges against him have been framed and the case was at the stage of recording of evidence of the prosecution witnesses.

The bench also took note of ASG's submission that the prosecution had made earnest efforts to fast-track the trial and intended to prune the list of witnesses by deleting as many as 30 witnesses.

It concluded that it cannot ignore the larger conspiracy brought forth by the prosecution, which posed a threat to the unity, integrity, and security of the Nation.

The Court said that the NIA had highlighted the use of hawala channels to route terror funds into Jammu and Kashmir, and that Yusuf was allegedly part of the said network.

“Moreover, the possibility of the appellant being a flight risk cannot be ruled out, especially in light of the allegation that he had earlier travelled on a passport with a falsified parental identity and later destroyed the document. There exists a real likelihood of his tampering with evidence and influencing witnesses,” the Court said.

Title: SYED AHMAD SHAKEEL v. NIA and other connected matter

Citation: 2025 LiveLaw (Del) 953

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