Delhi High Court grants bail to two accused in 2022 NIA terror case

The Delhi High Court granted bail to terror accused Haris Nisar Langoo and Zamin Adil Bhat in a 2022 NIA case. Bail was granted with strict conditions, including a social media ban and a personal bond, noting that similar accused were also released.

The Delhi High Court has granted bail to Haris Nisar Langoo and Zamin Adil Bhat, accused in a terror case lodged by the National Investigation Agency (NIA) in 2022. Their earlier bail pleas were rejected by the trial court in March 2023. Thereafter, they challenged the trial court order in 2023.

Court Imposes Strict Bail Conditions

While granting bail, the High Court has restrained Haris and Zamin from joining WhatsApp or any other social media where anti-national material is uploaded, circulated or propagated. They themselves shall not post or share any anti-national content.

"They shall themselves also not upload/share/disseminate or circulate any anti-national material on any social media platform or otherwise. They shall also furnish an undertaking to this effect before the learned Trial Court," the High Court ordered.

Division Bench of Justices Navin Chawla and Ravinder Dudeja granted bail to Haris Nisar Langoo and Zamin Adil Bhat, subject to certain conditions.

"The appellant(s) are directed to be released on bail, subject to their furnishing personal bail bonds of Rs. 50,000 with two sureties of like amount each," The High Court ordered.

While granting bail, the High Court imposed stringent conditions and said the Court is conscious that the grant of bail in matters under the UAPA must be accompanied by stringent and carefully crafted conditions, to ensure that the legitimate interests of national security and the integrity of the trial process are not compromised.

It is also directed that "the accused shall mark their attendance before the SHO of the local Police Station. They shall not change their residence address or contact number without giving 7 days' prior written information to the Investigation officer."

Rationale for Granting Bail

The bench took note of the fact that 3 similarly placed accused have been granted bail by the trial court earlier. One has been discharged.

"We are also influenced by the fact that certain co-accused, that is Mohd. Manan Dar, Mateen Ahmed Bhatt, Rauf Ahmed Bhatt, having similar allegations against them, have been granted bail by the learned Special Court itself, while accused Adil Ahmad Ward has been discharged altogether," the bench said.

The NIA's Case and Allegations

The allegations against the appellant(s) are that they were part of social media groups where anti-national messages propagating terrorism were being shared. However, there is no allegation of the appellant(s) being the creators of these groups or of sharing any objectionable material therein, the High Court noted in the judgement.

There are also allegations that the appellant(s) were Over-Ground Workers (OGWs) who were instigating youth to join terrorism by sharing videos, including videos of slain IS terrorists, in respect of which statements of various witnesses have been relied upon, the bench noted.

Advocate Tara Narula had appeared for Haris Nisar Langoo.

The case of the prosecution is that reliable information was received by the Central Government regarding the hatching of a conspiracy, both in the physical realm and in cyberspace, to carry out violent terrorist acts in Jammu and Kashmir and other parts of India, including New Delhi.

It is alleged that the said conspiracy was orchestrated by hybrid cadres/sleeper cells of various proscribed terrorist organisations, such as Lashkar-e-Taiba (LeT), Jaish-e-Mohammad (JeM), Hizb-ul-Mujahideen (HM), Al-Badr, and other similar outfits, operating through their affiliated front organisations, including The Resistance Front (TRF), People Against Fascist Forces (PAFF), Muslim Janbaaz Force (MJF), and Mujahideen Ghazwatul Hind (MGH).

The FIR, as per the record, apart from naming various individual accused persons, also narrates a broad conspiracy allegedly involving Pakistan-based handlers, the Pakistan ISI (intelligence agency), their local operatives, and networks of Over-Ground Workers (OGWs) engaged in radicalisation, recruitment, logistical support, and propaganda activities in furtherance of terrorist objectives. (ANI)

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