Srinagar, May 16 (JKNS): The High Court of Jammu & Kashmir and Ladakh has rejected the bail plea of Syed Irfan Ahmad, brother of Hizbul Mujahideen terrorist Naveed Mushtaq alias Naveed Babu, in a terror conspiracy case involving suspended Deputy Superintendent of Police Davinder Singh.
According to details available with news agency JKNS, a division bench of Justices Sindhu Sharma and Shahzad Azeem upheld the order of the Special NIA Court Jammu which had earlier denied bail to the accused under provisions of the Unlawful Activities (Prevention) Act (UAPA).
The High Court observed that there was sufficient prima facie material indicating the involvement of the accused in activities related to terror conspiracy, facilitation of terrorists and attempts aimed at waging war against the country.
As per the judgment, the accused was allegedly acting as an intermediary between Hizbul terrorist Naveed Babu, advocate Irfan Shafi Mir and suspended police officer Davinder Singh to facilitate movement, logistics and support for terrorists.
The court observed that investigation material, including call detail records, prima facie indicated regular communication between the accused and other co-accused as part of the alleged conspiracy involving transportation of terrorists, harbouring, supply of arms and terror-related activities.
Rejecting the argument that prolonged trial justified bail, the High Court said offences under the UAPA stand on a different footing and referred to Supreme Court observations that the principle of “bail is the rule, jail is the exception” does not strictly apply in terror-related cases.
The bench also took note of allegations that the accused had approached the trial court with “twisted facts” while his appeal was pending before the High Court, terming it an abuse of the judicial process and forum shopping.
The accused had sought bail on grounds including delay in trial, lack of direct recovery, medical issues and his status as a government employee and research scholar. However, the court declined relief after considering the case records and medical reports.
The case dates back to January 2020 when Hizbul terrorist Naveed Babu, another terrorist, suspended DySP Davinder Singh and advocate Irfan Shafi Mir were arrested in Kulgam while allegedly travelling towards Jammu. The NIA later alleged that the suspended police officer had facilitated transport, shelter and logistical support to terrorists.
NIA had subsequently filed chargesheets against multiple accused under various provisions of IPC and UAPA in connection with the terror conspiracy case. (JKNS)