The Delhi High Court has dismissed Zafar Abbas’s appeal against his bail denial, linking him to the terrorist organization Lashkar-e-Taiba (LeT). The court highlighted substantial evidence of his involvement in recruiting workers for LeT and illegal financial activities. Abbas’s defense arguments were insufficient, leading to the affirmation of the trial court’s decision.
New Delhi: The Delhi High Court has dismissed an appeal filed by Zafar Abbas, who had challenged the dismissal of his bail application by the trial court. Abbas, accused of supporting the notorious terrorist organization Lashkar-e-Taiba (LeT), had allegedly established a widespread network of over-ground workers for the group.
The court emphasized that
“when a terrorist organization like LeT is involved, which has already taken responsibility for various terror attacks in India, the tacit or active support to such an organization cannot be condoned in any manner”.
This ruling reflects the severity of the charges against Abbas and the legal stance against any support to terror organizations operating in the country.
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The National Investigation Agency (NIA), represented by Special Public Prosecutor Rahul Tyagi, presented direct evidence establishing a link between Abbas and Hyder, a LeT operative based in Pakistan. Tyagi argued that Abbas was an active overground worker for LeT, as evidenced by the charge sheet, which provided multiple facts and details of his involvement. The prosecutor emphasized that the evidence presented left “no doubt about the Appellant’s guilt”, and that the NIA had built a strong case against him.
On the other hand, Abbas’s defense, led by Advocate Sanjiv Jha, presented arguments that sought to challenge the NIA’s claims. Jha pointed out that Abbas used a keypad mobile rather than a smartphone, which he argued made it impossible for him to operate a WhatsApp account.
Furthermore, Jha highlighted a discrepancy in the IMEI number of the phone recovered from Abbas’s residence, claiming it ended with the digits 1968, unlike the NIA’s assertion that it ended with 1960. The defense also stressed that while the charge sheet had been filed, formal charges were yet to be framed in the case.
The court, however, maintained that Lashkar-e-Taiba (LeT), listed as Entry 5 in the First Schedule of the Unlawful Activities (Prevention) Act (UAPA), was a recognized terrorist organization. The court highlighted that the UAPA provisions not only criminalize support to such organizations but also empower authorities to take preventive measures, including freezing assets to deter terrorist activities.
Furthermore, the court observed that LeT’s modus operandi involved recruiting youth, setting up fraudulent bank accounts for terror funding, and utilizing digital devices for coordination with operatives in countries like Pakistan. This type of activity, the court stated, had led to significant harm, including loss of life and destruction of property.
The ruling also focused on the legal provisions under Sections 38 and 39 of the UAPA, which prohibit support for terrorist organizations through various means such as networking, meetings, and financial aid. The court noted that the evidence against Abbas pointed to his involvement in fraudulent financial transactions, assisting in LeT’s recruitment efforts, and supporting terror activities through illegal means.
The court concluded that the evidence linking Abbas to LeT was irrefutable. It pointed out that in today’s digital age, meetings and coordination could take place through electronic and digital platforms, extending beyond traditional physical meetings. The recovered documents, call detail records, and location data collectively established Abbas’s involvement in these activities.
In light of these facts, the court ruled that Abbas failed to prove his innocence at this stage and dismissed his appeal, upholding the trial court’s decision.
Case Title: Zafar Abbas v NIA (2025:DHC:72-DB)
Read the Judgement here:
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