New Delhi, June 10 (IANS) The Delhi High Court on Wednesday granted bail to Kashmiri human rights activist Khurram Parvez in a terror conspiracy case investigated by the National Investigation Agency (NIA), holding that his prolonged incarceration of over four-and-a-half years, coupled with the unlikely conclusion of the trial in the near future, warranted his release despite the statutory restrictions under the Unlawful Activities (Prevention) Act (UAPA).

A Division Bench of Justices Navin Chawla and Ravinder Dudeja set aside a December 13, 2024, order of the trial court rejecting Parvez’s bail plea and directed his release on stringent conditions.

Parvez has been in custody since November 2021.

The NIA has accused him of being part of a larger conspiracy linked to Pakistan-based terror outfit Lashkar-e-Taiba (LeT), alleging offences relating to terrorism, terror funding, recruitment of overground workers, criminal conspiracy and anti-national activities under the UAPA and the IPC.

In its order, the Delhi High Court recorded that Parvez had already undergone incarceration of almost four-and-a-half years and that the trial was still at the stage of arguments on charge.

“The stage of the trial is at the arguments for framing of charge. We are further informed that the prosecution intends to examine 197 witnesses in case the charge is framed against the appellant,” the judgment said.

Referring to a series of Supreme Court judgments on prolonged incarceration under special statutes, the Delhi High Court said that the appellant’s right to personal liberty under Article 21 of the Constitution had to be balanced against the restrictions contained in Section 43D(5) of the UAPA.

“The appellant’s rights under Article 21 of the Constitution of India need to be balanced and may even trump the restriction imposed under Section 43D(5) of the UAPA,” the Justice Chawla-led Bench said.

It also took into account that Parvez is physically infirm, having lost a leg in a landmine blast in 2004.

The NIA alleged that Parvez, who was associated with the Jammu and Kashmir Coalition of Civil Society (JKCCS), acted under the guise of human rights activism and was involved in collecting sensitive information concerning security forces, maintaining dossiers on Army officers, promoting separatist activities, recruiting overground workers for LeT and facilitating contacts with Pakistan-based handlers.

The anti-terror agency also relied on the statement of co-accused Muneer Ahmad Kataria, who later turned approver, and alleged that Parvez attempted to secure the release of seized digital devices through illegal gratification paid to a former NIA officer.

However, the Delhi High Court observed that the prosecution case against Parvez was “primarily based” on the statement of Kataria, whose testimony was yet to be tested during the trial.

“While the above statement raises serious allegations against the appellant, these allegations are based on the statement of a co-accused who has since turned approver and who himself claims to be an NIA informer. His evidence is yet to be tested in trial,” the Justice Chawla-led Bench said.

Without expressing any opinion on the merits of the case, the Delhi High Court directed Parvez to furnish a personal bond of Rs 2 lakh with two sureties, surrender his passport, remain within Delhi unless permitted by the trial court, report periodically to the investigating officer, and refrain from influencing witnesses or commenting publicly on the merits of the case.

It further directed that Parvez shall not upload or circulate any anti-national material and shall not engage in any activity prejudicial to public order or the integrity of the trial.

Parvez’s bail plea had earlier been rejected by the trial court in December 2024, which held that the allegations against him appeared prima facie true under the stringent provisions of the UAPA.

–IANS

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