NIA Opposes Separatist Leader Nayeem Khan’s Bail Plea In Terror Funding Case Before Delhi High Court

The National Investigation Agency has opposed before Delhi High Court the bail plea moved by separatist leader Nayeem Ahmad Khan in a UAPA case of alleged terror funding.

Khan, who has been in judicial custody since August 14, 2017, has been accused of "creating unrest" in the Kashmir valley by NIA. He was arrested on July 24, 2017. Charges for various offences under Indian Penal Code, including sedition and UAPA were framed against Khan by a special NIA court on March 16 last year.

The central probe agency has submitted that evidence collected in the case clearly establishes a prima facie case against Khan and that he was involved in terrorist and funding activities.

NIA has said that certain letters were found during search and seizure from Khan’s residence showing that he was getting students admitted for MBBS Courses in Pakistan. This shows the involvement of applicant in terror funding out of commission earned from getting students admitted to MBBS courses in Pakistan, the agency has alleged.

Various videos have also been relied upon by NIA to allege that Khan is seen leading a “pro-ISIS rally” and “visiting areas where terrorists were killed.” NIA has stated that the videos have conversations by Khan about funding from Hizbul Mujahideen.

“Statement of [a defence witness] show that a mega meeting was held at the residence of Syed Geelani in 2016 calling for shutdown after killing of Burhan Wani. At the same meeting, a calendar was also issued for protests and unrest in Jammu & Kashmir. This meeting was attended by Accused No.5 [Khan],” the response reads.

It has further been submitted that Khan has not challenged the order framing charges against him and that the special court rightly concluded that there is sufficient oral and documentary evidence to believe that accusations against him are true.

“Thus, a prima facie case being made out against the Applicant and Section 43D(5) UAPA creates a statutory bar to grant of bail as the offences have been held to be prime facie true and that test has not been met by the accused in the Application for bail,” the reply reads.

The matter will be heard on May 03 by a division bench of Justice Siddharth Mridul and Justice Talwant Singh.

The case alleges that there was a larger criminal conspiracy for causing disruption in the Kashmir valley by way of "pelting stones on the security 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.

While denying him bail, the special NIA judge had noted that a detailed scrutiny of evidence and statements of various witnesses was done at the time of framing of charges and it was concluded that there is sufficient evidence available raising "grave suspicion" regarding Khan's involvement.

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.

Taking note of the fact that charges have already been framed against Khan, the judge had said that the court cannot re-appreciate the evidence at the stage of bail.

Title: Nayeem Khan v. NIA