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Nasir had previously sought parole ‘on the ground that the mother-in-law of the petitioner has passed away on 21.10.2022 and Fathiha ceremony is to be performed by the petitioner’. However, the court opined this ground to be a weak one, considering that Nasir had not applied for bail when his mother-in-law passed away.
The Delhi High Court, recently, denied interim bail to Shahid Nasir, a member of the now-banned organization Popular Front of India, noting that “the application for interim bail ought to be first moved before the Special NIA Court”.
The bench of Justice Prathiba M. Singh and Justice Rajneesh Kumar Gupta dismissed the application seeking interim bail.
An application was filed by the appellant, Shahid Nasir, under Section 21 of the National Investigation Agency Act, 2008 (NIA Act) seeking permission to travel to Karnataka to attend the wedding ceremonies of his niece.
Nasir had previously filed a regular bail application before the Additional Sessions Judge at Patiala House Court, New Delhi. However, the Special Court rejected the application through an order dated September 7, 2024. Consequently, Nasir filed an appeal before the High Court, where the matter remained pending for consideration.
The court observed that considering the application at this stage could potentially deprive either party of the right to appeal under Section 21 of the NIA Act. Therefore, the court directed Nasir to move to the Special NIA Court for interim bail application.
Background:
The present case stemmed from information received by the Central Government indicating that members of the Popular Front of India (PFI) were conspiring to commit terrorist acts in various parts of India. E. Abubacker, a member of PFI's National Executive Council (NEC), was named in the FIR. Funds from PFI accounts were allegedly used in terror activities, with Abubacker as an authorized signatory for one of the accounts. The FIR accused Abubacker and others of preparing for terrorist acts, radicalizing youths, and promoting communal disharmony.
Notably on September 28, 2022, the Central Government, in the exercise of the powers conferred by Sub-section (1) of Section 3 of the Unlawful Activities (Prevention) Act, 1967 declared the Popular Front of India (PFI) and the other eight alleged affiliated fronts as ‘unlawful associations’.
The National Investigation Agency (NIA) and the Enforcement Directorate (ED) had carried out massive operations, and raids in several states to track down people involved in the outfit.
For Appellant: Advocates Satyakam, Talha Abdul Rahman, Shaikh Saipan, Shareef K.A., Md Arif Hussain, Shudhanshu Tewari and Faizeen Hussain KhanFor Respondent: Special Public Prosecutor Rahul Tyagi with Advocates Jatin, Amit Rohila and Aniket SinghCase Title: Shahid Nasir v NIA (CRL.A. 960/2024)
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