Evidence is sufficient to refuse bail application under UAPA due to prima facie involvement in supporting terrorist activities, aligning with the definition of a terrorist organization.

JUDGMENT :

PRATHIBA M. SINGH, J.

1. This hearing has been done through hybrid mode.

2. The present appeal has been filed challenging the impugned order dated 2^nd August, 2024 passed by ld. Additional Sessions Judge-03, Patiala House Courts, New Delhi, in FIR No. RC No. 30/2021/NIA/DLI registered at P.S. NIA, New Delhi. Vide the impugned order the ld. Additional Sessions Judge rejected the Appellant’s application seeking bail.

3. This is the third bail application filed on behalf of the Appellant which has been rejected. The first and the second bail applications were rejected by the ld. Additional Sessions Judge on 30^th March, 2022 and 2^nd March, 2023, respectively.

Brief background:

4. FIR No. RC30/2021/NIA/DLI was registered on 6^th November, 2021, and is referred in the chargesheet as the ‘Lashkar-e-Taiba conspiracy case’. The said FIR was registered under Sections 120B, 121 & 121A of the Indian Penal Code (hereinafter “IPC”) and Sections 17, 18, 18B, 38 and 40 of Unlawful Activities (Prevention) Act, 1976 (hereinafter “UAPA”). Chargesheet had been filed on 13^th May, 2022, against a total of 7 accused persons, including the Appellant.

5. The broad case of the National Investigation Agency (hereinafter “NIA”) is that credible information was received by the Central Government that Lashkar-e-Taiba (hereinafter “LeT”), a proscribed organisation under the UAPA, was establishing a widespread network of ‘over-ground workers’ (hereinafter “OGWs”) and operators for providing support for its terrorist activities in India, including in Jammu and Kashmir. The Accused A1 – Khuram Parvez @ Khurram, Accused A-2 – Munner Ahmed Kataria @Munir Choudhary @Munir Ahmed, Accused A-3 – Arshid Ahmad Tonch @ Arshid and Accused A-4 – Zafar Abbas @ Zafar Ali @ Zaffar @ Jaffar i.e., the Appellant herein, are all alleged to be associates and running the network of OGWs of LeT in India. It is also alleged that pursuant to the conspiracy to recruit individuals as OGWs for LeT and commit terrorist acts in India, the said accused persons were in contact with their Pakistan based handler, identified as one Hyder @Ali @Yusuf, who is an operative of LeT.

6. As per the chargesheet, Accused A1 was a human rights activist who was running an organization called Jammu Kashmir Coalition of Civil Society which was engaged in supporting various protestors in Kashmir and also in making provocative speeches. Accused A-1, Accused A-2 and Accused A-3 are alleged to have been passing sensitive information in respect of vital installations of the Indian security forces to Hyder, and the Accused A-2 and Accused A-3 received monetary benefits in return for providing such sensitive information.

7. Further, it is the case of NIA that Hyder was in contact with the said accused persons through a WhatsApp account that was activated by a phone number being xxxxxx2839 that was recovered from the Appellant. The Accused A-5 – Rambhavan Prasad and Accused A-6 – Chandan Mahto, had provided the Appellant with pseudonymous bank accounts along with corresponding phone numbers with respective Sim cards, including the Sim card for the phone number xxxxxx2839, all of which were obtained fraudulently. The said pseudonymous bank accounts were used to make payments to Accused A-2 and Accused A-3 by the Appellant as per the directions of Hyder.

8. Thus, the case against the Appellant is based upon, inter alia, the connection of the Appellant with Hyder, who is also in turn alleged to be connected with all the other accused persons.

Allegations qua connection of the Appellant with Hyder (LeT Operative):

9. The allegations against the Appellant are that the Appellant had in collusion and conspiracy with Accused A-5 and Accused A-6 fraudulently obtained the SIM card from M/s. Gupta Communication in Kolkata of the said mobile number being xxxxxx2839. The same was issued in the name of one Nargis Khatoon whose biometric data was illegally taken twice by M/s. Gupta Communication to issue two numbers i.e., xxxxxx2