The court affirmed that harboring a terrorist under UAPA is a serious offense, justifying the denial of bail due to the evidence suggesting active support of terrorism.

JUDGMENT :

AMIT SHARMA, J.

1. The present appeal filed by the appellant under Section 21(4) of the National Investigation Agency Act, 2008 (hereinafter “NIA Act”) seeks the following prayers:

A. Set aside the order dated 06.02.2024 passed by the Ld. Additional Sessions Judge — 03 / Ld. Special Court (NIA) — New Delhi, Patiala House Courts, Delhi in NIA Case No. 1/2017 titled ‘National Investigation Agency vs. Bahadur Ali & Ors.’; emanating from RC - 11/2016/NIA/DLI dated 27.07.2016, registered by PS NIA, New Delhi Branch, and consequently pass directions to release the Appellant on regular bail in the captioned case, on such terms and conditions as this Hon’ble Court may deem fit; and /or B. Pass any other order(s) as deemed fit in the facts and circumstances of this case.

2. The appeal has been filed assailing the impugned order dated 06.02.2024 passed by the learned ASJ-03/Special Court (NIA), Patiala House Courts, Delhi in NIA Case No.1/2017 arising out of RC - 11/2016/NIA /DLI under Sections 18/20/38 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter “UAPA”), Section 14 of the Foreigners Act, 1946 (hereinafter “Foreigners Act”) and Section 32 of the Indian Wireless and Telegraphy Act, 1933 (hereinafter “Wireless Act”) registered at P.S. NIA whereby, the bail application of the Appellant was dismissed by the learned Trial Court.

BRIEF BACKGROUND

3. Brief facts which are necessary for the disposal of the present appeal are as follows:

i. It is alleged that the present case relates to a conspiracy hatched by the Lashkar-e-Taiba (hereinafter “LeT”), a proscribed terrorist organization, based in Pakistan, to commit terror attacks in India. As a part of the said conspiracy one Bahadur Ali @Saifullah Mansoor (hereinafter “co-accused no.1”) along with his two associates Abu Saad and Abu Darda illegally infiltrated into Indian territory (J&K) by crossing the LoC on intervening night of 12.06.2016 and 13.06.2016. Based on reliable sources on 25.07.2016 J&K Police and army conducted a joint search operation in village Yahama, Tehsil Langate (Handwara), District Kupwara (J&K) and arrested co-accused no.1. Thereafter FIR No. 50/2016 dated 25.07.2016 under Section 14 Foreigners Act and Section 32 of the Wireless Act was filed at P.S. Qalamabad, Handwara (J&K).

ii. Subsequently, in compliance with the order No. 11011/20/2016-IS.IV, dated 27.07.2016, issued by the Government of India (Ministry of Home Affairs), under Section 6(5) read with Section 8 of the NIA Act, the investigation of case FIR No. 50/2016 was taken over by the NIA and present FIR was registered.

iii. During the investigation of the present case the appellant was arrested on 19.09.2017 and has been in judicial custody since then. It alleged that the present Appellant had direct links with co-accused no.1 and had provided him food and shelter during his stay in village Yahama (J&K). Further two protected witnesses have also stated the role of the present appellant and Nazir Ahmed Peer (hereinafter “co-accused no.5”).

iv. It is alleged that the grid reference noted by the co-accused no.1 in his diary is very close to the house of the present appellant in Yahama (J&K). Further during the course of investigation several photographs were shown to co-accused no.1 in the presence of independent witnesses, and out of the photographs shown to co-accused no.1 he recognized the present appellant and co-accused