In a significant legal development, the Delhi High Court on Tuesday dismissed a series of petitions filed by prominent Kashmiri separatist leaders and others. These petitions challenged a trial court's earlier decision to frame charges against them under the stringent Unlawful Activities (Prevention) Act (UAPA) in a high-profile terror funding case.
Court's Rationale for Dismissal
A bench comprising Justices Vivek Chaudhary and Manoj Jain rejected the appeals. The appellants included Masarat Alam Bhat, Shabir Ahmed Shah, Nayeem Ahmad Khan, businessman Zahoor Ahmad Shah Watali, and other accused. Notably, the list also featured Shahid Yousuf and Syed Ahmad Shakeel, the two sons of Hizbul Mujahideen chief Syed Salahuddin.
The High Court observed that the appeals were not legally maintainable. This was because they challenged an "interlocutory order"—a provisional order issued during the ongoing proceedings. The court cited Section 21 of the NIA Act, which explicitly bars challenges to such interim orders, leading to the dismissal of the pleas. A detailed copy of the judgment is still awaited.
Background of the Accused and Allegations
The case, originally registered in 2011, involves serious allegations of terror funding. According to the National Investigation Agency (NIA), the accused played crucial roles in a financial network supporting terrorist activities.
Shahid Yousuf was arrested in October 2017. His brother, Syed Ahmad Shakeel, was taken into custody by the NIA on August 30, 2018, from his residence in Srinagar. The probe agency alleges that the brothers acted as key conduits for channelling funds from Pakistan-based operatives of the Hizbul Mujahideen to sleeper cells and over-ground workers in Jammu & Kashmir and other parts of India.
The chargesheet in the case presents a detailed money trail. It claims that the accused received hawala remittances routed through Dubai and Nepal. These illicit funds were allegedly used for:
- Procuring arms and ammunition.
- Arranging logistics for terrorist activities.
- Funding attacks on security forces.
The NIA stated that Yousuf was arrested specifically on allegations of receiving funds from the Hizbul Mujahideen from abroad and was chargesheeted in 2018. Regarding Shakeel, the agency said he received money via Western Union from an absconding accused, Aijaz Ahmad Bhat. His name also surfaced in connection with raising, receiving, and collecting funds from the terrorist organisation through cadres based in Saudi Arabia.
Implications and Next Steps
The dismissal of these appeals by the Delhi High Court clears a major procedural hurdle for the prosecution. It paves the way for the trial to proceed in the lower court based on the charges already framed under the UAPA. This case is being closely watched as it touches upon the complex issue of terror financing networks operating in the region. The legal process will now continue, with the trial court examining the evidence presented by the NIA against all the accused.
