SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2019 Supreme(SC) 384

A.M.KHANWILKAR, AJAY RASTOGI
NATIONAL INVESTIGATION AGENCY – Appellant
Versus
ZAHOOR AHMAD SHAH WATALI – Respondent


Advocates Appeared:
For the Appellant :Mr. B. V. Balaram Das, Advocate
For the Respondent:Mr. Shakil Ahmed Syed, Advocate

Judgement Key Points

Ratio Decidendi:

  1. Degree of satisfaction for bail under Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967 (UAPA): The court must record satisfaction that there are reasonable grounds for believing the accusation against the accused is prima facie true, which requires a lighter degree of satisfaction compared to that for discharge applications or framing of charges under UAPA. This involves assessing broad probabilities of involvement without elaborate examination or dissection of evidence. (!) [1000633130016][1000633130017]

  2. Consideration of material for bail: The court must evaluate the totality of material gathered by the Investigating Agency, including the charge-sheet under Section 173 CrPC, case diary, accompanying documents, statements under Sections 161 and 164 CrPC (even if in sealed cover or redacted for protected witnesses), and other evidence presented, without analyzing individual pieces or discarding them on grounds of admissibility (which is for trial). The charge-sheet need not contain detailed evidence analysis. (!) (!) (!) (!) (!) (!) [1000633130017][1000633130018][1000633130019][1000633130020][1000633130027][1000633130030]

  3. Approach at bail stage: No mini-trial or merits assessment; the court forms a prima facie opinion on the accusation's truth based on materials indicating complicity, including linkages, financial transactions, CDRs, witness statements, and seizure memos suggestive of terror funding/conspiracy. High Court erred by discarding key documents (e.g., D-132(a)) and statements, questioning genuineness prematurely. (!) (!) (!) (!) (!) (!) (!) [1000633130017][1000633130018][1000633130023][1000633130028][1000633130034]

  4. Application to facts: Given totality of evidence (e.g., documents showing foreign remittances from unknown sources, hawala linkages to Pakistan/terrorists, Hurriyat contacts via CDRs, witness statements), reasonable grounds exist to believe accusations of terror funding/conspiracy under UAPA Sections 13,16,17,18,20,38-40 r/w IPC Sections 120B,121,121A are prima facie true; bail rightly rejected by Designated Court, High Court order set aside. (!) (!) (!) (!) (!) [1000633130023][1000633130024][1000633130025][1000633130026][1000633130027][1000633130028][1000633130036][1000633130037]


JUDGMENT :

A.M. Khanwilkar, J.

Leave granted.

2. The respondent is named as Accused No. 10 in the First Information Report dated 30th May, 2017, registered by the Officer-in-charge of Police Station, NIA, Delhi, for offences punishable under Sections 120B, 121 and 121A of the Indian Penal Code ("IPC") and Sections 13,16,17,18,20,38,39 and 40 of the Unlawful Activities (Prevention) Act, 1967, (for short "the 1967 Act"). The respondent (Accused No. 10) filed an application for bail before the District and Sessions Judge, Special Court (NIA), New Delhi, which came to be rejected on 8th June, 2018. That order has been reversed by the High Court of Delhi at New Delhi in Criminal Appeal No. 768/2018 vide order dated 13thSeptember, 2018. The High Court directed release of the respondent on bail subject to certain conditions. That decision is the subject matter of this appeal filed by the prosecuting agency - the appellant herein.

3. The Designated Court opined that there are serious allegations against the respondent Zahoor Ahmad Shah Watali (Accused No. 10) of being involved in unlawful




















































































































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top