A Division Bench of the Delhi High Court has granted bail to Mohd. Shahzad Kamal, accused by the NIA under the UAPA of channelling funds from Saudi Arabia to an alleged terror module linked to an ISIS affiliate, setting aside the Special Court’s May 2024 refusal. He has been in custody since August 31, 2021. The detailed order is awaited and the allegations are untested.
A Division Bench of the Delhi High Court has granted bail to Naim @ Mohd. Naeem, accused by the NIA of arranging weapons for an alleged ISIS-linked terror module, noting that he has been in custody since January 2019, that only 42 of 112 witnesses have been examined, and that there is no possibility of the trial concluding soon.
The Delhi High Court has directed the CBI to issue a Red Corner Notice through INTERPOL against a contemnor who has remained outside India and has not appeared despite non-bailable warrants. The Court also directed the Ministry of External Affairs to inform the authorities in the United States, where his IP address was traced, and ordered the Cyber Cell to ascertain the location from which he joined the proceedings virtually.
The Delhi High Court has granted bail to Jagtar Singh Johal in a batch of NIA cases under the UAPA, setting aside the trial court’s refusals. Noting that he has spent over eight years in custody with 123 witnesses still to be examined and no prospect of the trial concluding soon, the Court held that the constitutional right to a speedy trial can justify bail even under the UAPA’s stringent regime. The allegations are untested; the grant is subject to stringent conditions.
The Delhi High Court has held that an order of a Special Court under Section 25(6) of the UAPA, confirming the attachment of property, is not an interlocutory order but finally adjudicates the party’s rights on attachment, so an appeal against it lies to the High Court under Section 21 of the NIA Act. Rejecting the NIA’s preliminary objection, the Court held the appeal maintainable and listed it for final hearing.
With 40 of 120 witnesses examined and the appellant in custody since December 2018, the Delhi High Court granted bail in an NIA case, holding that a High Court must decide on the law as it stands even though the interplay between Article 21 and Section 43D(5) of the UAPA has been referred to a larger Bench.
