New Delhi: The Delhi High Court on Friday granted bail to Syed Ahmed Shakeel, the elder son of Hizb-ul-Mujahideen chief Syed Salhuddin, in a 2011 terrorist funding case on the basis that he had already spent almost seven years in jail and when the case would end, there was no certainty.
A bench of Justices Naveen Chawla and Shalinder Kaur said, “The prosecution has not yet been investigated a sufficient number of witnesses, as till date only 32 witnesses have been examined. The appellant has already faced an avatar for about 6 years and 11 months long, without the certainty of any appropriate time.
The bench said, “In our view, keeping in mind the role handed over to the appellant, continuing the appellant at this level will not serve the ends of justice.” 1 lakh and two bails. Shakeel had contacted the High Court against the 2021 order of 2021 to dismiss his petition.
However, the bench dismissed the bail argument of Syed Shahid Yusuf, the younger son of Salhuddin, in the same case, given that the National Investigation Agency (NIA) had Prima Facial evidence to establish his participation in the conspiracy and was allegedly in touch with the known members of the authentic terrorist organization.
The High Court said that the statements of protected witnesses were being recorded before the special court. The bench said, “This court cannot ignore a large conspiracy brought by the prosecution, which is a threat to the unity, integrity and security of the nation.”
“The nature of the allegations and the material placed on the record prima facial established the appellant’s participation in this conspiracy and his direct contact with the known members of the accused terrorist organization,” the judgment said .. said ..
Yusuf and Shakeel were included by the National Investigation Agency (NIA) Havildar transactions regarding the 2011 terrorist funding case in Jammu and Kashmir. Yusuf was arrested in October 2017 and Shakeel was taken into custody in August 2018.
His father Syed Salhuddin is a nominated global terrorist and is one of the desired criminals of India for his role in terrorist attacks.
The NIA had alleged at that time that Shakeel received funds from Aiz Ahmed Bhat through a US-based international wire transfer company.
The agency had booked Shakeel under various provisions of the Prevention of illegal activities (UAPA) for raising funds for terrorist acts and participation in conspiracy to participate in conspiracy, alleging that it was part of a comprehensive network to raise funds from abroad and raise funds for terrorism in India.
In his bail argument, Shakeel’s lawyer Jawahar Raja had said that he was in custody for more than six years and there was no possibility that the case started in 2020, will soon end as the prosecution had investigated only 32 witnesses. He also presented that there was no evidence to allege that he was a member of the Hizb-ul-Mujahideen or had any knowledge that the money received in his account was for terrorist activities.
Additional Solicitor General Vikramjit Banerjee, who attended the NIA along with Special Public Prosecutor Akshai Malik and Advocate Khawar Salim, opposed the bail, claiming that his father was one of the most wanted terrorists whose activities were declared disqualified for India’s sovereignty and integrity and received a huge amount. 2,74,744 in six installments, at the behest of his father.
