“In Jail since 9 years; charges not framed till date”: Delhi HC seeks NIA’s reply in plea filed by alleged Mujahideen Operative Manzer Imam

The Delhi High Court on Friday issued notice to the National Investigation Agency (NIA) in the bail plea filed by alleged Indian Mujahideen operative, Manzer Imam. Imam is accused under anti-terror law- the Unlawful Activities (Prevention) Act.

A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna sought a reply from NIA within four weeks and also directed the applicant to file a rejoinder to it within two weeks.

Advocate Kartik Purushottama Murukutla appearing for Imam submitted that the chargesheet has been filed in the case and it’s been 9 years now, but the charges haven't been framed to date. He contended that many times the charges framing proceedings started but did not get completed. The counsel added that the arguments on the charge recently began again in December 22.

The counsel contended that no material connects Imam to the terrorist organization. He argued that Imam has been roped into it.

On the contrary, the counsel for NIA contended that the trial court is hearing the arguments on charge on day to day basis. She argued, "Why to hurry; the charges are to be framed very soon".

Taking note of the submissions, the court sought a response from the NIA and clarified that this order shall not come in way of framing charges in Trial Court. Accordingly, listed the matter for March 2023.

The bail plea has been filed by Imam who has been booked under Sections 17, 18, 18B, and 20 of the Unlawful Activities Protection Act (UAPA) and Sections 121A and 123 of the Indian Penal Code (IPC).

It may be noted, that earlier in October 2022, the High Court had directed the Special Court to dispose of the bail application of Imam within 75 days, noting that he had been imprisoned for more than 9 years with no charges filed against him.

Imam was arrested by the National Investigation Authority and has been in custody since October 1, 2013.

Earlier, the court in October 2022, had ordered, “The Special Court will hear and dispose of the bail application of the applicant within 75 days from the date of this order.” 

The observation was made after the counsel appearing for Imam had submitted that he had been in custody since October 1, 2013, and had spent more than nine years of incarceration without charges being framed to date. He further stated that there are 369 witnesses, and many of them are yet to be examined. 

Whereas, on November 28, the additional sessions judge Shailender Malik ruled that the delay in the trial could not, in the present case, be a justification for granting bail. While rejecting Imam's bail request, the Court said that there was enough evidence to determine that the accusation against him was true. Imam had requested bail due to the delay in the trial.

Case Title: Manzer Imam v. National Investigation agency & Anr.