[UAPA] Harbouring Terrorists Provides Them 'Veil Of Secrecy', Creates 'Safe Havens' Endangering Citizens' Security: Delhi High Court

Underscoring that harbouring terrorists is a serious offence under UAPA, the Delhi High Court has said that such an act creates “safe havens” for terrorists and provides them a “veil of secrecy” which endangers the life and security of the citizens.

A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma said that harbouring terrorists leads to disturbing society in general and legitimises such unlawful activity if left unchecked.

The Court observed that providing food and shelter with a safe place to stay to persons associated with terrorist organisations, encourages terrorism over a long period.

“Harbouring of terrorists may not be seen to be a serious offence, especially when it is claimed that the same is under duress or coercion. However, a deeper analysis would reveal that harbouring is not an innocent act,” the Bench said.

It added: “It is an act or a series of acts which leads to creation of 'Safe Havens' for terrorists thereby endangering the safety and security of citizens. Persons who harbour terrorists lend support to such organisations like LeT and provide them a 'veil of Secrecy', thereby temporarily integrating them into society, only to let them strike at opportune moments.”

The Court dismissed an appeal moved by Zahoor Ahmad Peer- accused in a UAPA case, challenging the trial court order rejecting his bail application.

It was alleged that Peer, who was arrested in September 2017, had direct links with a co-accused namely Bahadur Ali and provided him food and shelter during his stay in village Yahama (J&K).

Dismissing the bail plea, the Bench noted that Ali was convicted in the case for the offences punishable under UAPA, Explosives Act, Arms Act, Foreigners Act and Wireless Act.

It further noted that a statement was made by Ali that he was given food by Peer and other co-accused person. The Court also took note of Ali's statement that he was a terrorist and a member of LeT and had infiltrated into India to carry out the activities of LeT.

The Bench said that the fact that whether shelter given by Peer to Ali was under duress or voluntary was a matter of trial but the said statement corroborated the evidence placed on record by the NIA with respect to Ali being provided food and shelter by Peer.

“In the considered opinion of this Court, co-accused no.1 was a Pakistani national and infiltrated into India with arms and ammunition to conduct a terrorist act. The present appellant, as per the evidence at this stage, continued to harbour him,” the Court said.

While denying bail, the Court however directed the trial court to conduct day to day trial and complete the same within 4 months.

It added that in case the Trial is not completed within 6 months, Peer will be at liberty to file a fresh application for bail before the Trial Court, which shall be decided in accordance with law.

Counsel for Appellant: Mr. Kartik Venu and Mr. R. Jude Rohit, Advocates

Counsel for Respondent: Ms. Shilpa Singh, SPP with Ms. Priyam Agarwal, Adv. for NIA

Title: ZAHOOR AHMAD PEER v. NIA

Citation: 2025 LiveLaw (Del) 203

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