Delhi High Court Seeks NIA’s Response On Separatist Leader Nayeem Khan’s Appeal Against Framing Of Charges In Terror Funding Case

The Delhi High Court on Wednesday sought response of the National Investigation Agency in the appeal moved by separatist leader Nayeem Ahmad Khan challenging the trial court order framing charges against him in a UAPA case of alleged terror funding.

A division bench of Justice Siddharth Mridul and Justice Talwant Singh issued notice on Khan’s appeal against the trial court order passed on March 16 last year.

The matter will be heard on August 03, along with Khan’s appeal against the order of the special judge denying him bail in December 2022.

The appeal has been moved through Advocates Tara Narula, Tamanna Pankaj and S. Debabrata Reddy.

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 appeal states that the evidence against Khan is “marred by material inconsistencies, falsehoods and logical leaps” which cannot be relied upon to keep him in custody under UAPA.

“It is further submitted that the prosecution has completely failed to substantiate any allegation related to Appellant’s alleged affiliation or even any remote connection with any banned or terrorist organization, let alone any evidence to contend that the appellant was involved in the raising of the funds for a terrorist act,” the appeal reads.

Opposing Khan’s bail appeal, NIA 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.

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