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IN THE HIGH COURT OF DELHI AT NEW DELHI
SHALINDER KAUR
Syed Ahmad Shakeel – Appellant
Versus
National Investigation Agency – Respondent
| Table of Content |
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| 1. nature of the allegations related to funding terrorism. (Para 1 , 2 , 6) |
JUDGMENT :
SHALINDER KAUR, J.
1. The present criminal appeals arise out of NIA Case No. RC- 06/2011/NIA/DLI, which originated from FIR No. 04/2011 dated 16.01.2011, registered at the Special Cell, Delhi Police, Lodhi Colony, under Section 120B of the Indian Penal Code , 1806 (‘IPC’) and Section 17 of the Unlawful Activities (Prevention) Act , 1967 (‘ UAPA ’). These appeals involve similar factual and legal issues and are, thus being adjudicated collectively through the present common judgment.
2. This case triggered from an investigation when the Special Cell of the Delhi Police received information from a source indicating that funds originating from Pakistan were being routed to Jammu & Kashmir through hawala channels operating via Delhi, for the purpose of funding terrorist and secessionist activities in Jammu and Kashmir.On basis of the same, FIR No. 04/2011 was registered.
3. Acting upon the said information, certain telephone numbers were placed under surveillance. Upon analysis of the intercepted communications and the inputs received from sources, it emerged that there was a conspiracy to
Prolonged incarceration without a speedy trial can warrant bail, while serious allegations under UAPA can justify denial.
The presumption of innocence prevails, and lack of substantial evidence justifies bail under UAPA despite serious charges.
The main legal point established in the judgment is that the payment of extortion money does not necessarily amount to terror funding, and the court must assess the prima facie truth of the accusatio....
Bail under UAPA Section 43-D(5) denied despite over five years' custody; prima facie material including bank transactions shows direct terror funding involvement, trial progress outweighs delay.
The main legal point established in the judgment is the need for a surface analysis of probative value of evidence at the stage of examining the question of granting bail, and the requirement for rea....
(1) Bail application – Exercise of general power to grant bail under UAP Act is severely restrictive in scope – In dealing with bail applications under UAP Act, courts are merely examining if there i....
The court emphasized the importance of prima facie evidence, the right to a speedy trial, and the lack of incriminating material in the possession of the accused.
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