A Delhi Court dismissed the bail plea filed for senior separatist leader Nayeem Ahmad Khan in an alleged militancy funding case, Live Law reported.
Khan, who has been in judicial custody since August 14, 2017, has been accused of “creating unrest” in the Kashmir valley by the National Investigation Agency. He was arrested from his residence in Srinagar on July 24, 2017.
Taking note of the fact that charges have already been framed against Khan – which have not been stayed or set aside by the High Court, Additional Sessions Judge Shailender Malik of Patiala House Courts said that the court cannot re-appreciate the evidence at the stage of bail.
“No doubt the court by the mandate of Section 43-D(5) of UA(P) Act needs to examine the facts objectively with a limited purpose to see whether the accusation against the accused is true or not, I am of the opinion that once evidence has been found to be sufficient for framing of charge for above said offenses, one can easily conclude that accusation against the accused appears to be prima facie true and therefore on this count itself an application of accused /applicant can be declined,” the court said in an order passed on December 3.
The judge further noted that detailed scrutiny of evidence and statements of various witnesses was done at the time of framing of charges, adding it was concluded that there is sufficient evidence available raising “grave suspicion” regarding Khan’s involvement.
“This court would consciously refrain from re-appreciating the evidence and facts at the stage of bail once the question of charge has already been decided by Id. Predecessor of this court,” the judge said.
However, since Khan’s counsel had raised the issue of delay in trial, the court said that “earnest efforts would be made” for expeditious trial “so that there should not be unnecessary delay in completing the trial”.
“…..and this court is very much conscious of period of incarceration of different accused persons including applicant. However for the reasons so mentioned above, bail application of the accused/applicant stands declined,” the court said.
NIA had registered the FIR on a complaint by Ministry of Home Affairs alleging that based on “secret information” received from an informant, it was learnt that Lashkar-e-Taiba chief Hafiz Muhammad Saeed and various separatist leaders including the members of the Hurriyat Conference were raising funds “through hawala” and also had entered into conspiracy to cause violence in Kashmir.
The case alleges that there was a larger criminal conspiracy for causing disruption in the Kashmir valley by way of “pelting stones on the Government forces, systematically burning of schools, damage to public property and for waging war against India.”
The case has been registered under Sections 120B, 121, 121A and 124 A of the Indian Penal Code and sections 13, 16, 17, 18, 20, 39 and 40 of Unlawful activities Prevention Act, 1967.