Contents
Key Highlights of the Court’s Decision
- Bail Plea Rejected: The Delhi High Court refused to grant bail to Naval Kishore Kapoor, who is accused under the Unlawful Activities (Prevention) Act (UAPA) in connection with a terror funding case in Jammu and Kashmir.
- Bench’s Observations: The Division Bench of Justice Navin Chawla and Justice Shalinder Kaur found sufficient evidentiary material against Kapoor, indicating his involvement in aiding and abetting terror funding.
Court’s Findings on Kapoor’s Role in Terror Funding
- Aiding Terrorist Activities: The Court noted that Kapoor, along with co-accused Zahoor Watali, facilitated the flow of funds from fake and bogus companies in the UAE to secessionists and separatists in Kashmir.
- Larger Criminal Conspiracy: The Court emphasized that Kapoor was part of a broader conspiracy to disrupt peace in Kashmir by collecting and channeling funds through illegal means for terrorist activities.
- Supreme Court’s Precedent: The Court relied on the Supreme Court’s decision to reject the bail plea of co-accused Zahoor Ahmad Shah Watali, stating that allegations against Kapoor were also prima facie true.
Reasons for Denying Bail
- Flight Risk: The Court stated that there was a likelihood of Kapoor fleeing from the clutches of law if granted bail.
- Possible Tampering with Evidence: The Court feared that Kapoor could influence witnesses or tamper with evidence, further justifying the bail rejection.
- Stricter UAPA Bail Provisions: The Court highlighted that under UAPA, bail becomes more difficult once charges are framed. It observed that “strong suspicion based on material evidence” is enough to deny bail.
Case Background
- Investigation Timeline: The National Investigation Agency (NIA) began its investigation in 2017, and Kapoor was arrested in July 2018.
- Larger Conspiracy with Terrorist Organizations: The Court noted that the case involved a conspiracy between various terrorist organizations, which utilized illegal funds to promote terrorist and secessionist activities in Jammu and Kashmir.
Legal Representation
- For Kapoor: Advocates Lakshay Dhamija, Mohit Gupta, and Sagar Rawa represented the petitioner.
- For NIA: Senior Advocate Sidharth Luthra, Special Public Prosecutor Akshai Malik, and Advocates Ayush Agarwal, Karl P Rustomkhan, Udbhav Sinha, Siddhant Gupta, and Khawar Salim appeared for the National Investigation Agency (NIA).
Click here to read the original judgement/order
