LI Network
Published on: 02 February 2023 at 14:59 IST
Delhi High Court issued a notice to the National Investigation Agency (NIA) on a bail plea moved by Naeem Khan, a Kashmiri separatist leader in a case related to the terrorist and secessionist activities in the erstwhile state of Jammu and Kashmir.
Delhi High Court bench of Justice Siddharth Mridul and Justice Talwant Singh sought response from NIA on Naeem Khan’s plea challenging the denial of bail to him by the Trial Court.
Delhi High Court bench listed the matter for March 23 for further hearing.
Advocates Tara Narula, Tamanna Pankaj and S Debabrata Reddy appearing for Naeem Khan on this Bail Plea .
Previously on December last year, the Trial Court refused to grant bail to Naeem Khan, “Since the nature of the allegations and evidence collected during the investigation require leading of evidence to prove different facts, which would take a substantial amount of time. In such a situation likelihood of delay in the trial, to my mind cannot be entertained by this court once the question of bail is governed by a specific mandate under sections 43-D(S) of Unlawful Activities (Prevention) Act (UAPA).”
Trial Court added, “Right from the day when different charge sheets were filed in this case till date, there has been no delay in the trial. Rather a process or enquiry under section 207 of the Code of Criminal Procedure, the question of consideration of plea of guilt of other accused as well as deciding question of charge, have been expeditiously decided by Predecessor of this court only with the view to ensure fair and expeditious trial to other co-accused.”
“Having so concluded this court however would like to mention here that earnest efforts would be made for expeditious trial of the matter so that there should not be unnecessary delay in completing the trial and this court is very much conscious of the period of incarceration of different accused persons including the applicant,” said the Trial Court.
During the hearing, the court noted that, in the case, it was alleged that various terrorist organizations such as Lashkar-e-Toiba (LeT), Hizb-ul-Mujahiddin (HM), Jammu and Kashmir Liberation Front (JKLF), Jaish-e-Mohammad (JeM) with the support of ISI of Pakistan perpetrated violence in the valley by attacking civilians as well as the security forces.
Appearing for NIA Senior Counsel Siddharth Luthra submitted to the Court that since charges in this case have already been framed, the court has already concluded regarding the sufficiency of the evidence against the accused for framing of charge under different offences of UAPA and IPC.