The Delhi High Court on Friday dismissed the bail plea of Shahid Yousuf, son of Hizbul Chief Syed Sallauddin, in a terror-funding case, citing national security concerns. However, the court granted bail to his brother, Syed Ahmad Shakeel.
The brothers had appealed against a trial court order that denied them bail. The division bench of Justices Navin Chawla and Shalinder Kaur rejected Yousuf’s appeal, noting the seriousness of the allegations against him.
“This court cannot ignore the larger conspiracy brought forth by the prosecution, which poses a threat to the unity, integrity, and security of the nation,” the bench said.
This case started after the Special Cell of the Delhi Police had received information of the funds originating from Pakistan were being routed to Jammu & Kashmir through hawala channels operating via Delhi to finance terrorist and secessionist activities in the region.
An FIR was registered in 2011, and the probe was later transferred to the National Investigation Agency (NIA).
According to the prosecution, Yousuf was in direct contact with members of the proscribed Hizbul Mujahideen and received funds from co-accused Aijaz Ahmad Bhat alias Aijaz Maqbool Bhat, knowing the money would be used to further terrorist activities.
Yousuf’s counsel argued that he has been in custody for seven years and four months, in violation of his right to liberty under Article 21 of the Constitution, and urged the court to grant him regular bail.
The High Court rejected the argument, noting that he has been in custody since August 30, 2018, and is facing trial under multiple provisions of the Unlawful Activities (Prevention) Act (UAPA). The case is currently at the stage of recording prosecution witnesses’ statements.
Then the court observed that while it is aware of the right to an organisation or an individual of speedy trial for undertrials accused, the nature of the allegations, the evidence on record, and the ongoing examination of protected witnesses weigh against granting bail.
It also did further note that Yousuf poses a flight risk, citing allegations that he had previously travelled on a passport with falsified parental details and later destroyed the document. The court also expressed concerns about the possibility of him tampering with evidence and influencing witnesses.
In contrast, the court allowed Shakeel’s appeal and granted him bail on the condition of furnishing a bail bond of Rs one lakh and two sureties.
The prosecution alleged that as part of a wider conspiracy to raise and send funds to Jammu & Kashmir for terrorist activities, Yousuf and Shakeel knowingly received and collected money from Bhat on different occasions.
Disclosure statements and evidence of these transactions were recorded during the investigation.
Yousuf was arrested on October 24, 2017, while Shakeel was taken into custody on August 30, 2018.
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