The Delhi High Court has granted bail to Mohd Shahzad Kamal, an accused in a National Investigation Agency (NIA) case alleging his involvement with the ISIS-affiliated Harkat-Ul-Harb-E-Islam terror module, after he remained incarcerated for more than five years.
A Division Bench comprising Justice Navin Chawla and Justice Arun Bhardwaj allowed Kamal’s appeal against the Special Court’s order dated May 29, 2024, which had rejected his plea for bail. Kamal has been in custody since August 31, 2021, while charges under the Unlawful Activities (Prevention) Act, 1967 were framed against him on August 30, 2022.
The prosecution case, as placed before the Court, is that Kamal was allegedly involved in facilitating the movement of terror funds from Saudi Arabia for activities of the alleged module in India. The NIA has alleged that he transferred funds on several occasions between February 2017 and January 2019 to co-accused Mohd Absar, purportedly to finance terrorist activities.
The agency has further alleged that Kamal maintained communication with another accused, Md. Saqib, through Facebook and WhatsApp. According to the NIA, conversations recovered during the investigation contained discussions concerning funds allegedly intended for jihad-related activities.
The investigating agency has also alleged that Kamal had been radicalised by extremist ideology and was associated with the ideology of Harkat-Ul-Harb-E-Islam, which the agency has described as an ISIS-affiliated organisation. It further alleged that certain communications indicated his support for Tehreek-e-Azadi Jammu Kashmir.
Kamal, however, challenged the denial of bail on the ground that the material collected during investigation did not contain evidence capable of being translated into legally admissible proof during trial. His case was that, in the absence of material capable of sustaining a conviction, continued incarceration could not be justified merely on the basis of allegations contained in the chargesheet.
The High Court has now allowed the appeal and ordered his release on bail. A detailed order setting out the reasons for the decision is awaited.
The proceedings arise under the stringent provisions of the UAPA, under which courts are required to apply a specific statutory threshold while considering bail. The High Court’s decision comes after Kamal had spent over five years in custody since his arrest, with the charges having been framed more than four years before the present order.
The Court’s order concerns the question of bail alone and does not constitute an adjudication on the merits of the prosecution’s allegations against Kamal.
The post Delhi High Court grants bail to alleged ISIS-linked operative after five years in custody appeared first on India Legal.