UAPA: Delhi High Court Denies Bail To Separatist Leader Nayeem Khan In Terror Funding Case

The Delhi High Court on Wednesday denied bail to separatist leader Nayeem Ahmad Khan in a UAPA case of alleged terror funding.

A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur dismissed the bail plea of Khan in the case registered by the National Investigation Agency (NIA).

The Court observed that prima facie, the objective sought to be achieved by the accused persons in the case, Khan, was of secession of Jammu and Kashmir from the Union of India through terrorist activities, already elaborated in our discussion, which threatens the unity, integrity and security of the Nation.

It added that Khan was raising funds for terrorist organization for secessionist activities by means of earning commission by getting the Students admitted to Medical Colleges in Pakistan. 

“The Appellant was leading a rally where slogans of „Zakir Musa‟ were raised. The alleged admissions made by him in the Sting Operation pertaining to financial assistance received from Pakistan for fuelling the Anti-National activities in the Kashmir valley and the role of the Appellant at this stage cannot simply be brushed aside,” the Court said.

Furthermore, the Bench observed that prima facie Lhan was leading the pro-ISIS rally and had attended the Hurriyat meetings wherein directions were given to organize rallies and Anti- India demonstrations, to make Anti-National speeches and slogans.

Khan had challenged the trial court order denying him bail in December 2022.

Khan, who has been in judicial custody since August 14, 2017, has been accused of "creating unrest" in the Kashmir valley by the National Investigation Agency. He was arrested on July 24, 2017.

NIA had opposed the bail plea by arguing that evidence collected in the case clearly established a prima facie case against Khan and that he was involved in terrorist and funding activities.

Various videos were relied upon by NIA to allege that Khan was seen leading a “pro-ISIS rally” and “visiting areas where terrorists were killed.” NIA has stated that the videos have conversations by Khan about funding from Hizbul Mujahideen.

While denying him bail, the special NIA judge had noted that a detailed scrutiny of evidence and statements of various witnesses was done at the time of framing of charges and it was concluded that there is sufficient evidence available raising "grave suspicion" regarding Khan's involvement.

Taking note of the fact that charges have already been framed against Khan - which have not been stayed or set aside by the High Court, the judge had said that the court cannot re-appreciate the evidence at the stage of bail.

NIA had registered the FIR on a complaint by Ministry of Home Affairs alleging that based on "secret information" received from an informant, it was learnt that Lashkar-e-Taiba chief Hafiz Muhammad Saeed and various separatist leaders including the members of the Hurriyat Conference were raising funds "through hawala" and also had entered into conspiracy to cause violence in Kashmir.

The case alleges that there was a larger criminal conspiracy for causing disruption in the Kashmir valley by way of "pelting stones on the security forces, systematically burning of schools, damage to public property and for waging war against India."

The case has been registered under Sections 120B, 121, 121A and 124 A of the Indian Penal Code and sections 13, 16, 17, 18, 20, 39 and 40 of Unlawful Activities Prevention Act, 1967.

The bail appeal was moved through Advocates Tara Narula, Tamanna Pankaj and S. Debabrata Reddy

Title: Nayeem Khan v. NIA

Citation: 2025 LiveLaw (Del) 429