Delhi Court Seeks NIA's Response On Separatist Leader Nayeem Khan's Bail Plea In 2017 Terror Funding Case

A Delhi Court has sought response of the National Investigation Agency (NIA) on the bail plea filed by separatist leader Nayeem Ahmed Khan in a case of alleged terror funding.

Khan, who has been in judicial custody since August 14, 2017, has also been accused of "creating unrest" in the Kashmir valley. He was arrested on July 24, 2017.

Additional Sessions Judge Shailender Malik of Patiala House Courts issued notice on Khan's bail plea while listing the matter for hearing next on November 25.

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 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.

Stating that he has spent more than 1,900 days in jail, Nayeem Khan in his bail plea has argued that he does not idealise or condone the violence against any individual and has "always acted out of love for his homeland" and "a desire to bring peace to the people of Kashmir."

Denying the allegation of sending various persons connected with militancy to Pakistan for education, Khan has submitted that he only provided recommendations for young students to study at medical schools in the neighbouring country.

This was part of a confidence building measure that began in 2002 and was in tune with South Asian Association for Regional Cooperation (SAARC) agreement on student exchange programmes, Khan has said.

While the prosecution claims that he was one of the key conspirators behind the unrest in Kashmir valley, Khan has argued that the allegation is hinged on disclosures of co-accused persons and some witness statements which do not disclose the commission of the alleged offences even on a prima facie evaluation.

"The exercise of the Applicant's constitutional right to free speech and expression of dissent through peaceful protests against the human rights violation in Kashmir cannot be transposed into a terrorist or seditious act, merely because the same involves legitimate criticism of the 'government', which in any case must be viewed separately from the 'State'. It is evident on the face of the record thus, that the Applicant who is no more than an ordinary public-spirited citizen, has been roped into a politically motivated prosecution," the plea alleges.

Nayeem Khan is represented by Advocates Tara Narula, Tamanna Pankaj and S. Debabratta Reddy.