DELHI, DEC 23: The Delhi High Court on Tuesday dismissed appeals filed by Kashmiri separatist leaders Masarat Alam Bhat and Shabir Ahmad Shah, among others, challenging a trial court order that framed charges against them in a terror funding case under the Unlawful Activities Prevention Act.
A Division Bench of Justices Vivek Chaudhary and Manoj Jain held that the appeals were not maintainable under Section 21 of the National Investigation Agency Act, which bars appeals against interlocutory orders passed by a Special NIA Court. A detailed judgment is awaited, according to Bar and Bench.
Apart from Alam and Shah, the High Court also rejected similar pleas filed by Nayeem Ahmad Khan, businessman Zahoor Ahmad Shah Watali, and Hizbul Mujahideen chief Syed Salahuddin’s sons Shahid Yousuf and Syed Ahmad Shakeel.
The appeals were directed against a March 2022 order of the Special NIA Court, which had framed charges under the UAPA, alleging that the accused were involved in raising and routing funds to support terrorist activities in Jammu and Kashmir. The trial court had observed that the accused shared a “common objective of secession” and were operating in close coordination with terrorist organizations, allegedly under the guidance and financial backing of the Pakistani establishment.
In the same case, charges were also framed against Lashkar-e-Taiba founder Hafiz Saeed and Hizbul Mujahideen chief Syed Salahuddin, both stated to be based in Pakistan, as well as Jammu Kashmir Liberation Front founder Yasin Malik. Malik had earlier pleaded guilty and was awarded life imprisonment, while the NIA’s appeal seeking the death penalty for him is pending before the Delhi High Court.
According to Bar and Bench, the High Court, through a common order, also dismissed appeals filed by several other accused in different terror-related cases. These included Javed Ali, Alemla Jamir, Masasong Ao, Abdur Rehman, Md Waqar Lone, Rajkumar, Rouf Ahmad Bhat, Mateen Ahmad Bhat, Haris Nisar Langoo, Manan Dar, Hanan Gulzar Dar, Zamin Adil Bhat, and Arsalan Feroze Ahenger.
Senior advocates, including Nitya Ramakrishnan and Tanveer Ahmed Mir, represented the appellants, while the NIA was represented by senior advocates Sidharth Luthra and Gautam Narayan, along with a team of advocates, the legal news portal reported.
