UAPA- Delhi Court Extends Judicial Custody Of Khurram Parvez & Others To Further 40 Days In Alleged Terror Funding Case

A Delhi Court has extended the judicial custody of human rights activist Khurram Parvez and two others namely Muneer Ahmad Kataria and Arshid Ahmad Tonch to further 40 days in connection with an alleged terror funding case. 

The three are charged under Sections 120B (criminal conspiracy), 121 (Waging, or attempting or abetting to wage war against Government of India), 121A (Conspiracy to commit offences punishable by section 121) of Indian Penal Code and Sections 17, 18, 18B, 38 and 40 of the Unlawful Activities (Prevention) Act (UAPA). 

Special NIA Judge Parveen Singh partly allowed the application filed by National Investigation Agency (NIA) seeking extension of judicial custody of the accused persons for further 90 days. 

"The application at hand is accordingly allowed in part. The detention of accused persons, namely, Muneer Ahmad Kataria, Arshid Ahmad Tonch and Khurram Parvez for the purpose of investigation, is extended from the period of 90 days to further 40 days w.e.f 14.02.2022," the Judge ordered. 

While Parvez was arrested on 22nd November last year, Muneer Ahmad and Arshid Ahmad were arrested on 16th and 18th November respectively. 

"A perusal of PP report and the chart regarding the data sent to me through electronic media by ld. Spl. PP on the directions of the court satisfies me that there are satisfactory and specific reasons because of which investigation may not be completed within the period of 90 days and thus, the period of detention warrants to be extended u/s 43D (2) (b) of NIA Act," the Court said  

However, it added that the blanket extension of 90 days as sought by the NIA cannot be granted. 

"For the purposes on which this application has been filed, if the investigating agency speeds up its investigation, it may be possible to conclude the investigation earlier," the Court added. 

It is the prosecution's case that Pakistan based terrorist organization Lashkar E-Taiba (LeT), had established a widespread network of operatives or over ground workers for providing support in planning and execution of its terrorist activities in various parts of India. 

It was alleged that accused Muneer Ahmad, Arshid Ahmad and Jaffar had been running a network of over ground workers of LeT and recruited persons across various States in India. In pursuance to conspiracy, accused were allegedly in contact with their foreign based handlers and upon their directions were engaged in gathering intelligence on vital installations, security forces as well as identification of target locations for launching of terrorist attacks. 

It has further been alleged that during investigation, searches were conducted at various places across Delhi, Himachal Pradesh, Bihar, Jammu & Kashmir and West Bengal and incriminating documents and objects were seized and arrests were made. 

It is the NIA's case that during the course of investigation, it was disclosed that accused Muneer Ahmad and Arshid Ahmad Tonch had received money from various individuals in West Bengal, Bihar, Uttar Pradesh, Rajasthan, Telangana and Karnataka.

It was further submitted that during investigation, it was revealed that large number of fictitious bank accounts in the name of different individuals were being maintained. 

Advocates Tanveer Ahmad Mir, Prabhav Ralli and Saud Khan appeared for Khurram Parvez. Advocate Tamanna Pankaj appeared for Muneer and Advocate Aparna Sharma appeared for Arshid. Special Public Prosecutor Rahul Tyagi appeared for NIA.