Delhi ,Dec 23 : The Delhi High Court on Tuesday dismissed appeals filed by the sons of Hizb-ul-Mujahideen chief Syed Salahuddin and several other accused, challenging the framing of charges in a Jammu and Kashmir terror funding case being probed by the National Investigation Agency (NIA).
A Division Bench comprising Justice Vivek Chaudhary and Justice Manoj Jain held that the appeals were not maintainable under Section 21 of the National Investigation Agency Act. The court clarified that while the law permits appeals against judgments, orders and sentences, it explicitly bars appeals against interlocutory orders, including orders framing charges.
“The present appeals, being directed against the order on charge, are not maintainable in view of Section 21 of the NIA Act and are accordingly dismissed,” the Bench observed.
The pleas were filed by Shahid Yousuf and Syed Ahmad Shakeel, sons of Mohammad Yousuf Shah, also known as Syed Salahuddin, the self-styled chief of the banned terror organisation Hizb-ul-Mujahideen.
According to the NIA, Shahid Yousuf was arrested on October 24, 2017, while Syed Ahmad Shakeel was arrested on August 30, 2018. The agency has alleged that the accused were part of a larger conspiracy to fund and support terrorist activities in Jammu and Kashmir and other parts of India.
The NIA further claimed that Syed Ahmad Shakeel, in connivance with co-accused and other Hizb-ul-Mujahideen operatives, raised and mobilised funds from Saudi Arabia and handled proceeds of terrorism to finance militant activities. Earlier, a coordinate bench of the High Court had granted bail to Shakeel, while similar relief was denied to Shahid Yousuf.
The High Court also dismissed similar appeals filed by several other accused in the case, including Masarat Alam Bhat, Shabir Ahmad Shah, Zahoor Ahmad Shah Watali, Nayeem Ahmad Khan, Javed Ali, Abdur Rehman, Waqar Lone, Rouf Ahmad Bhat, Manan Dar and Arsalan Feroze, among others.
The NIA was represented by senior advocate Sidharth Luthra, along with Special Public Prosecutor Akshai Malik and other counsel.
