J&K Larger Conspiracy Case: Supreme Court Orders Early Examination of Key Witnesses In Terror Accused' Plea

The Bench of Justice Surya Kant and Justice Joymalya Bagchi was hearing Thokar’s Special Leave Petition challenging a Delhi High Court order that upheld the trial court's decision denying him bail.

During the hearing, Justice Kant questioned the National Investigation Agency (NIA), represented by Additional Solicitor General (ASG) KM Nataraj, and counsel for Thokar about the latest status of the trial.

Counsel for Thokar submitted that only seven witnesses have been examined over the course of a year. He pointed out that the Supreme Court had earlier directed that all “protected witnesses” be examined first, of which there were 23. An application seeking the disclosure of their identities is listed for orders on July 19.

Importantly, the Counsel clarified that none of the protected witnesses were linked to Thokar. “There are only two witnesses relevant to my client – witness numbers 271 and 272. Neither of them are protected witnesses and they are yet to be examined,” the Counsel submitted.

Justice Kant responded, “If you give us their names, we can direct they be examined first.”

The Court acknowledged the delays in the trial and noted that this was a broader issue plaguing similar cases across jurisdictions. “This is a crisis we are facing everywhere,” the Bench remarked.

Taking note of the submissions, the Court ordered that the two material witnesses relevant to Thokar be examined on the next date of hearing. It also directed the trial court to file a compliance report thereafter.

“According to the counsel for the petitioner, only seven witnesses have been examined so far in the trial, in which the petitioner is also named as an accused. It is further submitted that there are two material witnesses cited against the petitioner. Let these two witnesses be examined on the next date,” the Court recorded.

The matter has now been adjourned to the first or second week of August.

The trial court has been directed to ensure that a compliance report is submitted before the next hearing.

Background

Thokar is among the several persons accused under the Unlawful Activities (Prevention) Act in connection with an alleged larger conspiracy to commit terrorist acts in Jammu and Kashmir following the abrogation of Article 370 in August 2019.

The prosecution further alleged that these groups, aided by Pakistan-based handlers and Over-Ground Workers in India, sought to radicalize local youth, train them in the use of weapons and explosives, and carry out terrorist activities targeting civilians and security forces to instill fear across the Valley and beyond.

The NIA has charged Thokar under Sections 120B, 121A, 122, and 123 of the Indian Penal Code (IPC), and Sections 18, 18A, 18B, 20, 38, and 39 of the UAPA.