The Delhi High Court granted bail to two accused booked under Unlawful Activities (Prevention) Act, noting prolonged custody exceeding four years and absence of timely trial, despite allegations of promoting Islamic State ideology.
NEW DELHI: The Delhi High Court granted bail to two men accused under the Unlawful Activities (Prevention) Act (UAPA) for allegedly promoting Islamic State (IS) ideology and radicalising youth to join jihad for the Kashmir cause.
A Bench of Justices Navin Chawla and Ravinder Dudeja noted that the accused had been detained for over four years and four months and there was no assurance the trial would conclude within a reasonable time.
ALSO READ: Supreme Court Slams 2-Year Custody Without Chargesheet, Grants Bail to UAPA Accused
The Court added that continued detention of Haris Nisar Langoo and Zamid Adil Bhat could amount to a violation of their Article 21 rights.
The Court said,
“The appellant(s) have already undergone prolonged incarceration of around 4 years and 4 months, without any certainty of the trial concluding within a reasonable time. In our considered opinion, and keeping in view the role assigned to the appellant(s), the continued detention of the appellant(s) at this stage would not serve the ends of justice,”
The matter arises from a 2021 National Investigation Agency (NIA) probe into an alleged conspiracy involving “hybrid cadres” and overground workers linked to banned terrorist organisations. The prosecution accused Langoo and Bhat of spreading extremist propaganda, communicating with co-accused, and taking part in online radicalisation networks.
The trial court had rejected their bail application in March 2023, and they appealed to the High Court. In July 2024, the trial court framed charges under Section 120B (criminal conspiracy) and Section 121A (conspiring to wage war against India) of the Indian Penal Code, and Section 18 of the UAPA (terrorist acts).
After reviewing the record, the High Court concluded that the material did not justify keeping them in custody at the bail stage. While acknowledging the gravity of the allegations, the Court observed that the specific roles ascribed to the accused were “limited” and mostly connected to digital activity.
The Court further noted that material on their electronic devices “which may even be propagating anti-national activities” did not necessarily warrant prolonged detention during trial.
Relying on Supreme Court precedents, the bench emphasised that mere possession of radical content or ideological sympathy does not automatically equate to terrorist activity absent a clear nexus to violence.
The Court added,
“The distinction between ideological alignment and operational participation is constitutionally significant, and must be borne in mind while applying the prima facie standard under Section 43D(5) of the UAPA to the specific facts and material attributed to each of the appellant(s),”
Accordingly, the High Court directed their release on bail.
Advocates Tara Narula and Priya Vats represented Haris Nisar Langoo. Zamid Adil Bhat was represented by Advocates Jawahar Raja, Tamana Pankaj, Priya Vats, Sonal Sarda, Aditi Saraswat and Nitai Hinduja.
The NIA was represented by Senior Advocate Gautam Narayan alongside Advocates Asmita Singh, Shashank Jain, Geet Kumar and Prabhat Bajpai.
Case Title: Haris Nisar Langoo v National Investigation Agency
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE