The Delhi High Court dismissed the NIA's appeal against the bail granted to Mateen Ahmed Bhat in a J&K terror conspiracy case, ruling the trial court properly applied UAPA restrictions and examined prima facie evidence in the matter.
High Court Dismisses NIA Appeal Against Bail
New Delhi [India], October 31 (ANI): The Delhi High Court has dismissed the National Investigation Agency’s (NIA) appeal against the grant of bail to Mateen Ahmed Bhat in a case concerning an alleged larger terror conspiracy aimed at spreading terror and unrest in Jammu and Kashmir. A Division Bench of Justice Navin Chawla and Justice Arun Bhardwaj held that the trial court had properly considered the restrictions on grant of bail under the Unlawful Activities (Prevention) Act (UAPA) and examined whether the accusations against Bhat were prima facie true.
The High Court said the trial court’s order granting bail was neither a final conclusion on the evidence nor an order discharging the accused. It further held that the subsequent framing of charges against Bhat was not relevant while deciding the NIA’s appeal against the bail order.
Details of the Terror Conspiracy Case
The case relates to an alleged larger conspiracy involving the activities of proscribed terrorist organisations and the alleged use of online platforms and local operatives to spread terror and unrest in Jammu and Kashmir. The NIA had alleged that several accused acted as hybrid cadres or lone wolf operators and were associated with online propaganda groups allegedly operated by Pakistan-based handlers. According to the NIA’s case, Bhat was an accused in the alleged larger conspiracy and had allegedly worked as an Over Ground Worker, providing logistical support and assisting in the movement of weapons and recruitment of local youth to terror ranks.
Bhat was arrested on October 13, 2021, and the NIA later filed a charge sheet against him and other accused persons under various provisions of the Indian Penal Code and the UAPA.
Trial Court Observations
The trial court, while granting him bail in May 2023, had found that there was insufficient material at that stage to support certain allegations against him. It had noted that there was no evidence supporting the allegations of his participation in meetings of terrorist organisations, handling of arms and ammunition or undergoing radicalisation classes. The court had also observed the absence of an overt act linking him to the alleged conspiracy.
Court Proceedings and Verdict
Challenging the bail order, the NIA argued that the trial court had wrongly assessed the evidence and conducted a mini-trial by examining individual pieces of material in isolation. Special Public Prosecutor Amit Tiwari referred to digital evidence, call records, witness statements and forensic material to contend that there was sufficient material against Bhat. Bhat, represented by advocate Kartik Venu, opposed the appeal and argued that the NIA had failed to show any grave error in the order granting him bail.
The High Court observed that an appeal against the grant of bail has a limited scope and interference is warranted where the bail order is shown to be illegal, perverse, arbitrary or based on irrelevant considerations. Applying these principles, the Bench found no merit in the NIA’s appeal. The court also noted that while the allegations against Bhat were grave, they would have to be tested during the trial, which was not likely to conclude anytime soon given the number of witnesses yet to be examined. The appeal was accordingly dismissed. The High Court clarified that its observations and those made by the trial court would not influence the trial in the case. (ANI)
(Except for the headline, this story has not been edited by Asianetnews Editorial staff and is published from a syndicated feed.)
