Delhi High Court Seeks NIA's Response On Plea Against Extension Of Kashmir Based Photojournalist's Judicial Remand In UAPA Case

The Delhi High Court on Friday issued notice on a plea 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.

A division bench comprising of Justice Siddharth Mridul and Justice Anup J Bhambhani sought response of the National Investigating Agency (NIA) and posted the matter for further hearing on April 8, when another matter raising similar issue of extension of period of investigation and pre-charge detention under proviso to Section 43D (2)(b) of UAPA meeting the threshold of "impossibility", has been listed.

Whether Request For Extension Of Pre-Charge Detention Under UAPA Should Meet The 'Threshold Of Impossibility'? Delhi HC To Examine

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.

The plea alleged that Manan 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.

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 also sought 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.

During the course of hearing today, Advocate Tara Narula appearing for Manan Dar submitted that the FIR carried vague and generic claims of an alleged conspiracy and also does not provide any details of any accused persons.

On the other hand, Special Public Prosecutor Gautam Narayan appearing for NIA submitted that the analysis of data recovered from the mobile devices of the accused persons showed various incriminating materials suggesting their links with trans border organizations involved in spreading unrest in the Kashmir valley.

Accordingly, the Court issued notice on the petition and asked Narayan to produce the report of the Public Prosecutor as well as the subject case diary for the perusal of Court before on the next date of hearing.

The Court also issued notice on the petitions filed by two other accused persons namely Hanan Gulzar Dar, brother of Manan Dar and Zamin Adil Bhat.

Case Title: MOHD. MANAN DAR@MANAN v. NIA and other connected matters