The Delhi High Court dismissed appeals filed by Masarat Alam, Shabir Shah and others against the order framing charges in a J&K terror funding case under UAPA. The Court held such appeals are barred under Section 21 of the NIA Act as they challenge interlocutory orders.
New Delhi: The Delhi High Court on Tuesday dismissed several appeals filed by Kashmiri separatist leaders and others who had challenged a trial court order framing charges against them in a terror funding case under the Unlawful Activities (Prevention) Act (UAPA).
A Division Bench comprising Justice Vivek Chaudhary and Justice Manoj Jain rejected the appeals filed by Masarat Alam Bhat, Shabir Ahmed Shah, Nayeem Ahmad Khan, businessman Zahoor Ahmad Shah Watali, and other accused persons.
The High Court also dismissed the appeals filed by Shahid Yousuf and Syed Ahmad Shakeel, who are sons of Hizbul Mujahideen chief Syed Salahuddin.
The Court held that the appeals were not legally maintainable because they were filed against an order framing charges.
The Bench noted that such orders are considered interlocutory in nature and cannot be appealed under Section 21 of the National Investigation Agency (NIA) Act. Section 21 clearly bars appeals against interlocutory orders passed by a Special NIA Court.
The High Court clarified that since the challenge was only to the framing of charges by the trial court, the law does not permit an appeal at this stage. A detailed judgment explaining the reasoning of the Court is yet to be released.
The case relates to allegations of terror funding in Jammu and Kashmir. In March 2022, the Special NIA Court had framed charges against the accused under the UAPA. While passing the order, Special Judge Praveen Singh had observed that the accused persons shared a common objective of secession and were closely connected with terrorist organisations operating in the region.
ALSO READ: Jailed J&K MP Engineer Rashid Gets Court Nod to Attend Parliament: July 24–August 4
The trial court had further noted that these activities were carried out under the “guiding hand and funding of Pakistani establishment”.
In the same terror funding case, the Special NIA Court had also framed charges against Lashkar-e-Taiba founder Hafiz Saeed, Hizbul Mujahideen chief Syed Salahuddin, and Jammu and Kashmir Liberation Front founder Yasin Malik.
While Hafiz Saeed and Syed Salahuddin are reportedly in Pakistan, Yasin Malik had pleaded guilty before the trial court and was sentenced to life imprisonment. The NIA has challenged the sentence and its appeal seeking the death penalty for Malik is currently pending before the Delhi High Court.
On the same day, the Delhi High Court also dismissed appeals filed by several other accused persons in different terror-related cases.
These include Javed Ali, Alemla Jamir, Masasong Ao, Abdur Rehman, Md Waqar Lone, Rajkumar, Rouf Ahmad Bhat, Mateen Ahmad Bhat, Haris Nisar Langoo, Manan Dar, Hanan Gulzar Dar, Zamin Adil Bhat, and Arsalan Feroze Ahenger.
A large number of senior advocates and lawyers appeared on behalf of the appellants across the connected matters.
Senior Advocates Nitya Ramakrishnan and Tanveer Ahmed Mir, along with multiple advocates, represented the accused persons.
The National Investigation Agency was represented by Senior Advocates Sidharth Luthra and Gautam Narayan, assisted by a team of advocates.
Read More Reports On J&K Terror Funding Case
