The Delhi High Court has granted bail to two individuals, Sobiya Aziz and Kamran Ashraf Reshi, who have been incarcerated for nearly five years in a case involving a conspiracy to carry out terrorist acts across Jammu and Kashmir and major Indian cities. The court’s decision was based on the prolonged period of detention and the slow pace of the ongoing trial.
The National Investigation Agency (NIA) had accused the individuals of being part of a network orchestrated from Pakistan, aiming to destabilize the region and other urban centers through violent acts. As per information available with Tahir Rihat, the NIA’s allegations included the radicalization of youth for recruitment and training in handling weapons and explosives, with the ultimate goal of waging war against the Indian government.
Sobiya Aziz, 33, was arrested in October 2021 and reportedly found in possession of diaries containing notes on Shariyat law, Islamic State ideology, and jihadi material, along with an Islamic State flag. The NIA also alleged her involvement in transporting a militant. Kamran Ashraf Reshi, 26, also arrested in October 2021, was alleged to have been associated with online propaganda groups linked to terror organizations and handlers based in Pakistan. He was also accused of attending radicalizing lectures and maintaining ties with an active Hizbul Mujahideen terrorist.
A bench comprising Justice Navin Chawla and Justice Ravinder Dudeja noted that out of the 359 witnesses cited in the case, only 21 have been examined by the prosecution. This significant backlog in the trial process was a key factor in the court’s decision to grant relief to the accused. The court emphasized that the trial is unlikely to conclude in the near future, making continued incarceration for the accused unreasonable.
In its order, the High Court stipulated several conditions for the bail. Both Sobiya Aziz and Kamran Ashraf Reshi are prohibited from joining any WhatsApp groups or other social media platforms that circulate anti-national material. They are also forbidden from uploading, sharing, disseminating, or circulating any such material on any social media platform or otherwise. The court mandated that they furnish an undertaking to this effect before the trial court.
The court specifically cited Sobiya Aziz’s long incarceration of almost five years, her status as a woman, and her reported suffering from various ailments as grounds for granting her bail. For Kamran Ashraf Reshi, the court considered the lengthy period of his incarceration in juxtaposition with the material presented by the NIA, concluding that he had made a case for release on bail. The court reiterated that there was no immediate prospect of the trial reaching its conclusion.
The case highlights the complexities of prosecuting terror-related charges, particularly when they involve intricate networks and cyber activities. The NIA’s investigation had pointed towards a concerted effort by proscribed terror organizations to foment unrest in Jammu and Kashmir and extend their operations to major cities across India. The alleged methods included online radicalization and the physical training of recruits.
The prosecution’s case suggested that members of these banned organizations had conspired to wage war against the Indian state. The evidence presented by the NIA against Aziz included ideological materials and alleged involvement in militant support activities. In Reshi’s case, the focus was on his alleged association with online propaganda and links to active terrorist operatives.
The High Court’s decision to grant bail underscores the principle that prolonged pre-trial detention, especially when the trial is protracted, can be a ground for relief, provided the accused do not pose a flight risk or a danger to society. The conditions imposed on the bail are designed to mitigate any potential risks associated with their release, particularly concerning the dissemination of extremist ideologies online.
This development comes at a time when security agencies continue to monitor and counter terror threats emanating from across the border. The NIA has been actively pursuing cases related to terror financing and recruitment, aiming to dismantle terror networks operating within and outside India. The legal proceedings in such cases often involve extensive evidence gathering and complex legal arguments, contributing to the lengthy duration of trials.
The court’s focus on the duration of incarceration and the progress of the trial is a standard judicial consideration in bail applications. The specific conditions attached to the bail aim to ensure that the accused do not engage in activities that could further the alleged conspiracy or pose a threat to national security while they await the conclusion of their trial. The case serves as an example of the legal challenges involved in balancing national security concerns with the rights of individuals accused of serious offenses.
Tahir Rihat (also known as Tahir Bilal) is an independent journalist, activist, and digital media professional from the Chenab Valley of Jammu and Kashmir, India. He is best known for his work as the Online Editor at The Chenab Times.