New Delhi 23 Dec(KNB): The Delhi High Court on Tuesday dismissed the appeals filed by several Kashmiri separatist leaders and others challenging a trial court order that framed charges against them in a Jammu and Kashmir terror funding case under the Unlawful Activities (Prevention) Act (UAPA).
The appeals were filed by Masarat Alam Bhat, Shabir Ahmed Shah, Nayeem Ahmad Khan, businessman Zahoor Ahmad Shah Watali and others. A Division Bench comprising Justice Vivek Chaudhary and Justice Manoj Jain also rejected similar pleas moved by Shahid Yousuf and Syed Ahmad Shakeel, sons of Hizbul Mujahideen chief Syed Salahuddin.
The High Court held that the appeals were not maintainable, observing that the impugned orders related to framing of charges and therefore fell within the ambit of interlocutory orders, which are barred from appeal under Section 21 of the National Investigation Agency (NIA) Act. The provision explicitly states that interlocutory orders passed by a Special NIA Court cannot be challenged before the High Court. A detailed judgment is awaited.
In March 2022, the Special NIA Court had framed charges against the accused for allegedly funding terrorist activities aimed at destabilising Jammu and Kashmir. Special Judge Praveen Singh had observed that the accused shared a common objective of secession and maintained close links with terrorist organisations, allegedly operating under the “guiding hand and financial support of the Pakistani establishment.”
In the same case, charges were also framed against Lashkar-e-Taiba founder Hafiz Saeed, Hizbul Mujahideen chief Syed Salahuddin and Jammu and Kashmir Liberation Front (JKLF) founder Yasin Malik. While Saeed and Salahuddin are believed to be based in Pakistan, Yasin Malik pleaded guilty and was subsequently sentenced to life imprisonment. The NIA’s appeal seeking the death penalty for Malik is currently pending before the Delhi High Court.
In a common judgment delivered on Tuesday, the High Court also dismissed appeals filed by several other accused in different terror-related cases. These include Javed Ali, Alemla Jamir, Masasong Ao, Abdur Rehman, Md Waqar Lone, Rajkumar, Rouf Ahmad Bhat, Mateen Ahmad Bhat, Haris Nisar Langoo, Manan Dar, Hanan Gulzar Dar, Zamin Adil Bhat and Arsalan Feroze Ahenger.
A large team of senior advocates and lawyers appeared on behalf of the appellants, including Senior Advocates Nitya Ramakrishnan and Tanveer Ahmed Mir, among others. The National Investigation Agency was represented by Senior Advocates Sidharth Luthra and Gautam Narayan along with a team of advocates.(KNB)