Delhi High Court issues notice to NIA on alleged terrorist Nayeem Ahmad Khan's bail plea in UAPA case

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Synopsis

The Separatist Leader Nayeem Ahmad Khan has been in judicial custody since August 14, 2017, and is accused of “creating unrest” in the Kashmir valley by the NIA.

The Delhi High Court on Thursday issued notice to National Investigation Agency (NIA) on a plea by Nayeem Ahmad Khan allegedly held for terror funding in an Unlawful Activities (Prevention) Act case. Khan in his plea challenged the Trial Court’s order of December 2022, wherein he was denied bail.

A Division bench of Justice Siddharth Mridul and Justice Talwant Singh sought NIA’s response to the plea and accordingly, the court listed the matter for further hearing on March 23.

It is to be noted, that Additional Sessions Judge (ASJ) Shailender Malik of the Patiala House Court in Delhi recently ordered the attachment of the All Parties Hurriyat Conference (APHC) office in Srinagar in a UAPA case being investigated by the NIA against Khan.

“The immovable property i.e. building office of All Parties Hurriyat Conference (APHC) situated at Raj Bagh, Srinagar which was earlier used as an office of APHC is ordered to be attached. Necessary legal process be carried out in this regard”, the court had said.

The court had made the observation while hearing an application by NIA wherein it stated that the aforementioned property has been sought to be attached as it is partly owned by Khan along with his associates. In the application, NIA had stated that there is sufficient evidence in the form of documentary, electronic and oral to substantiate the charges framed against Khan and prayed that said building was used by members of APHC for unlawful activities.

As per NIA, Khan was involved in a larger criminal conspiracy to cause disruption in the Kashmir valley by "pelting stones on security forces, systematically burning schools, causing damage to public property, and waging war against India."

Khan, who has been in judicial custody since August 14, 2017, has been accused of “creating unrest” in the Kashmir valley by the NIA. He was arrested on July 24, 2017. He has been registered under Sections 120B, 121, 121A, and 124A of the Indian Penal Code and sections 13, 16, 17, 18, 20, 39, and 40 of the Unlawful Activities Prevention Act, of 1967.

Case Title: Nayeem Ahmad Khan v. NIA

Statue: The Unlawful Activities Prevention Act, The Indian Penal Code, and The Code of Criminal Procedure