Delhi High Court’s Landmark Decision on UAPA Case
The Delhi High Court has taken a significant step by granting bail to Sobiya Aziz and Kamran Ashraf Reshi, two individuals accused under the Unlawful Activities (Prevention) Act (UAPA) in connection with an alleged terror plot by banned organizations operating in Jammu and Kashmir. This decision was delivered by a Division Bench comprising Justices Navin Chawla and Ravinder Dudeja, who noted the prolonged custody of nearly five years faced by the accused, with no imminent conclusion to their trial.
Assessment of Prolonged Incarceration
The court meticulously examined the allegations against Kamran Ashraf Reshi, considering the evidence presented by the National Investigating Agency (NIA). While refraining from a detailed exposition to avoid prejudicing the trial, the Bench concluded that the extended incarceration warranted his release on bail, given the evidence against him. Similarly, in Aziz’s case, while the NIA presented some prima facie evidence, the Bench acknowledged her strong case for bail.
Allegations of a Terror Conspiracy
The NIA alleged a vast terror conspiracy involving groups such as Lashkar-e-Taiba, Jaish-e-Mohammed, Hizb-ul-Mujahideen, and others. These groups were accused of planning attacks in Kashmir and other Indian cities, orchestrated from Pakistan. Aziz faced charges of aiding terrorists, including transportation of militants and possession of incriminating material. Reshi, arrested at 21, was accused of engaging with online propaganda groups linked to Pakistan.
Trial Delays and Constitutional Rights
The court highlighted that only 21 out of 359 witnesses had been examined, indicating a lengthy trial process. The Bench emphasized that Section 43D(5) of the UAPA does not negate the power of constitutional courts to grant bail when prolonged detention and trial delays infringe upon Article 21 rights. The decision reflects the court’s commitment to balancing national security interests with individual rights.
Legal Representation and Proceedings
Kamran Ashraf Reshi was represented by Advocates Kartik Murukutla and Abu Bakr Sabbaq, while Sobiya Aziz was represented by Advocates Kartik Venu, Arjan Ajai Singh Chonker, R Jude Rohit, Agrim Tandon, and Alisha Sharda. The NIA’s legal representation included Special Public Prosecutor Amit Tiwari and Advocates Ayushi Srivastava, Kushagra Malik, Arpan Narwal, and Ujjwal Tyagi.
