2011 Terror Funding: Delhi HC Grants Bail to Hizb Chief Salahuddin’s Elder Son

The Delhi High Court on Friday, August 8, 2025, granted bail to Hizb-ul-Mujahideen chief and proscribed terrorist Syed Salahuddin’s elder son, Syed Ahmad Shakeel, but rejected the bail plea of his younger son, Shahid Yousuf, in a 2011 terror funding case.

In a detailed 47-page judgment, a bench of Justices Navin Chawla and Shalinder Kaur, while granting bail Syed Ahmad Shakeel, observed, “Section 43D(5) of the UAPA does not take away the power of the Constitutional Courts to grant bail, especially when an accused has been in jail for a long period and there is no likelihood of the trial concluding soon. The right to life and personal liberty under Article 21 of the Constitution of India is of paramount importance, and if this right is being violated, the Court can grant bail.”

According to the NIA, Syed Ahmad Shakeel received funds amounting to Rs 2,74,744 on six different occasions from a proclaimed offender and co-accused, who sent the money through Western Union Money Transfer at the behest of his father. The agency also alleged that there were unaccounted cash deposits totalling Rs 4.15 lakh in Shakeel’s bank accounts.

The NIA claimed that these funds were received by Shakeel while acting as a member of the proscribed terrorist organisation Hizb-ul-Mujahideen, as part of a larger criminal conspiracy. It was further alleged that he had been receiving phone calls from his father, who is presently residing in Pakistan, and is the leader of the said organisation, and has been declared a terrorist.

However, the Court said that Shakeel had already spent nearly seven years in custody, with no clear certainty as to when the trial would conclude. Accordingly, the Court granted bail to Shakeel upon furnishing a personal bond of Rs 1,00,000 with two sureties of the like amount.

While hearing the connected appeal filed by his younger brother, Shahid Yousuf, the bench refused to grant bail, stating that it cannot ignore the larger conspiracy brought forth by the prosecution, which poses a threat to the unity, integrity, and security of the nation.

The NIA alleged that appellant Shahid Yousuf had entered into a conspiracy to raise and collect funds from co-accused Aijaz Ahmad Bhat, a cadre of the proscribed terrorist organisation Hizb-ul-Mujahideen. It was further alleged by the prosecution that corroborative material on record demonstrated that the appellant, while acting as a member of Hizb-ul-Mujahideen, was part of a larger conspiracy to raise funds with the intention of supporting the activities of the terror outfit.

Advocate Jawahar Raja, appearing for Shahid, emphasised the prolonged incarceration, submitting that he has been in custody for a period of seven years and four months.

On the other hand, Additional Solicitor General Vikramjeet Banerjee submitted that a perusal of the diaries recovered from Shahid revealed that he was sympathetic towards various terrorists who were killed in different operations.

Taking note of the submissions, the Court observed that the appellant had used hawala channels to route terror funds into Jammu and Kashmir and was allegedly part of this network.

Noting that Shakeel had direct contact with known members of the proscribed terrorist outfit, the Court said, “The nature of the allegations and the material placed on record prima facie establish the appellant’s involvement in this conspiracy and his direct contact with known members of the proscribed terrorist outfit. He is alleged to have received money from co-accused A-6, knowing that the funds would be used to further terrorist activities.”

Refusing the Shahid's plea for bail, the Court added, “Moreover, the possibility of the appellant being a flight risk cannot be ruled out, especially in light of the allegation that he had earlier travelled on a passport with a falsified parental identity and later destroyed the document. There exists a real likelihood of his tampering with evidence and influencing witnesses.”

Case Titles: Syed Ahmad Shakeel vs National Investigation Agency and Shahid Yousuf vs National Investigation Agency

Date of Judgment: 8 August 2025

Bench: Justice Navin Chawla,  Justice Shalinder Kaur