J&K High Court Denies Bail To Hotelier Who Allegedly Harbored Foreign Terrorists, Provided Them SIM Cards

The bench, comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary, upheld the Special NIA Court's order rejecting bail, observing that the accusations under the Unlawful Activities (Prevention) Act (UAPA) were prima facie true and warranted strict judicial scrutiny.

Dismissing his bail petition the court observed,

“The trial court while considering the application for grant of bail and so this appellate court while hearing the appeal against the rejection of bail cannot go into the intricate questions of whether the offences are made out or not as the evidence cannot be appreciated so minutely at the stage of consideration of bail, which is expected to be considered at the trial stage”

The case stems from an encounter on April 10, 2022, when security forces neutralized two foreign terrorists in Srinagar following a tip-off. Investigations revealed that the terrorists linked to Pakistan-based Lashkar-e-Taiba (LeT) handler Mubashir Hamza were initially housed in Bhat's hotel for 12 days before being shifted to his residence. The duo, allegedly involved in the killing of two CRPF personnel in Maisuma on April 4, 2022, were found to have used fake Aadhaar cards and local support to evade detection.

Bhat was charged under Sections 13, 18, 19, and 39 of the UAPA for conspiracy, harboring terrorists, and supporting a banned organization. The NIA Court had rejected his bail in December 2024, prompting the appeal before the High Court.

Adjudicating the matter the High Court emphasized that Sections 18 (conspiracy) and 19 (harboring) of the UAPA, falling under Chapter IV, attract life imprisonment, while Section 39 (supporting a terrorist organization) under Chapter VI carries up to 10 years. Citing Section 43-D(5) of the UAPA, the bench noted that bail cannot be granted if the court finds "reasonable grounds" to believe the accusations are prima facie true. The chargesheet and case diary met this threshold, the court stated.

Dealing with the petitioner's argument that evidence was circumstantial, relying solely on a self-incriminating statement recorded in police custody the court dismissed the same stating that the NIA Court had already framed charges, and the defense had not challenged this order.

The plea that co-accused Kaleem Zaffar (who provided fake Aadhaar cards) was granted bail was also rejected, as Bhat's role actively sheltering terrorists was deemed more severe.

Endorsing the NIA Court's detailed analysis, which highlighted Bhat's alleged role in providing logistics (food, shelter, SIM cards) to the terrorists and his eventual knowledge of their activities, the court reaffirmed the stringent bail conditions under the UAPA, stressing that courts must prioritize public safety in terrorism-related cases.

In view of these observations, the petition was dismissed.

Case Title: Javaid Ahmad Bhat Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 134

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