Article 370 Larger Conspiracy Case: Supreme Court Grants Bail To Suhail Ahmed Thokar

The Supreme Court today granted bail to Suhail Ahmed Thokar, an accused in the Jammu and Kashmir “larger conspiracy” case, following the revocation of Article 370 of the Constitution. Thokar allegedly conspired with proscribed terrorist groups to recruit “hybrid terrorists”, radicalize youth and execute acts of terrorism following the repeal of Article 370 of the Constitution.

Last year, Supreme Court had directed the expeditious examination of two key prosecution witnesses in the ongoing UAPA trial against Suhail Ahmad Thokar.

Court was told today by ASG KM Nataraj, appearing for NIA that the witnesses have been examined.

Thokar had filed a Special Leave Petition challenging a Delhi High Court order that upheld the trial court's decision denying him bail.

Earlier counsel for Thokar had 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. The counsel had 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.

The Supreme Court had then 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.

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.

According to the prosecution, the FIR was registered based on intelligence inputs regarding a wide-ranging conspiracy by banned terrorist outfits post-Article 370 abrogation. The alleged conspiracy spanned both physical and digital spheres, involving groups such as Lashkar-e-Taiba (LeT), Jaish-e-Mohammed (JeM), Hizb-ul-Mujahideen (HM), Al-Badr, and their affiliated fronts like The Resistance Front (TRF), People Against Fascist Forces (PAFF), and Mujahideen Ghazwat-ul-Hind (MGH).

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.

Case Title: SUHAIL AHMAD THOKAR Vs NATIONAL INVESTIGATION AGENCY

Bench: CJI Kant, Justice Bagchi and Justice Pancholi

Hearing Date: May 22, 2026