Plea In Delhi High Court Challenges Trial Court Order Extending Judicial Remand Of Kashmir Based Photojournalist In UAPA Case

A petition has been filed in the Delhi High Court challenging a trial court order extending judicial remand of Mohd. Manan Dar, a 24 year old Kashmir based freelance photojournalist, in a case registered under Unlawful Activities (prevention) Act, 1967.

Moved through Advocates Tara Narula, Tamanna Pankaj and Priya Vats, the plea further seeks consequential directions for Dar's release on default bail under sec. 167(1) of CrPC for the reason that the investigating agency had failed to file charge sheet within 90 days of his arrest.

The matter pertains to an FIR registered in October last year under sec. 18, 18A, 18B, 20, 38 and 39 of the UAPA and sec. 120B, 121A, 122 and 123 of the Indian Penal Code.

The FIR was registered on the alleged information received vide Order of Government of India Ministry of Home Affairs (CTCR Division) alleging that the cadres of terrorist organization namely Lashkar-e-Toiba (LeT), Jaish-e- Mohammed (JeM), Hizab-ul-Mujahideen (HM), Al Badr and similar other outfits and their affiliates were active in Jammu and Kashmir and were being orchestrated from Pakistan in conspiring both physically and in cyberspace, thereby planning to undertake violent terrorists act in J & K and major cities in India, including the national capital.

It was further alleged that members of the terrorist organizations and their affiliates had conspired to commit terrorist acts, recruited local youth to become members of terrorist organizations and procured arms and ammunitions for terrorist purposes and further that the members also conspired to wage war against the Government of India.

In this backdrop, the plea alleges that Dar was inexplicably called for interrogation by the local police station without any formal notice on October 10 last year and was illegally detained for almost two weeks after which he was formally arrested on October 22.

"It is pertinent to note that during the period when the subject FIR was registered, around 900 people were detained in Jammu and Kashmir by Kashmir Police and National Investigation Agency ahead of some civilian killings followed with the visit of Home Minister of India. The mass detentions were made in the name of overground workers having alleged connections with Pakistan based handlers of proscribed terror outfit LeT and their associates based in Jammu and Kashmir had conspired to cause extensive terror activities for harming the public," the plea reads.

It has therefore been averred that the FIR carries vague and generic claims of an alleged conspiracy and also does not provide any details of any accused persons.

The plea challenges the order passed by Special NIA Judge of Patiala House Courts dated 17.01.2022 by which the Court had granted an extension of 90 days to complete the investigation, under Section 43D(2) of the UAPA.

"It is submitted that no extension was warranted on the application of the investigating agency, and no rationale for extension by 90 days (the maximum permissible period) has been justified by the Hon'ble Special Court or the Respondent agency," the plea reads.

The plea was listed for hearing today, however, could not be taken up as the division bench comprising of Justice Siddharth Mridul and Justice Anup J Bhambhani did not assemble for the day. The matter is now listed on February 17.

Case Title: MOHD. MANAN DAR@MANAN v. NIA