SHABIR AHMED SHAH vs NATIONAL INVESTIGATION AGENCY

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 28.05.2025 Pronounced on:12.06.2025 + CRL.A. 600/2023 SHABIR AHMED SHAH .....Appellant Through: Mr. Colin Gonsalves, Sr. Adv. With Mr. Kamran Khwaja, Adv. versus NATIONAL INVESTIGATION AGENCY .....Respondent Through: Mr. Sidharth Luthra, Sr. Adv. with Mr. Akshai Malik, SPP/NIA with Mr. Ayush Agarwal, Mr. Khawar Saleem, Mr. K.P. Rustom Khan, Advs. Mr. B.B. Pathak, DSP NIA. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR JUDGMENT SHALINDER KAUR, J. 1. The present Criminal Appeal has been filed by the Appellant under Section 21 of the National Investigation Agency („NIA‟) Act, 2008 to assail the Order dated 07.07.2023 passed by the learned Additional Session Judge – 03 (New Delhi), Patiala House Courts, New Delhi (hereinafter referred to as, „Trial Court‟) in NIA case Signature Not Verified Digitally Signed By:SHALINI CRL.A. 600/2023 Page 1 of 37 UNIYAL BHATT Signing Date:12.06.2025 15:05:20 bearing RC No. 10/2017/NIA/DLI titled NIA v. Hafiz Saeed & Ors., whereby the Bail application of the Appellant was dismissed. 2. The present case emanates from the registration of the NIA case bearing no. RC-10/2017/NIA/DLI for offences under Sections 120B, 121 and 121A of the Indian Penal Code, 1860 (IPC), and Sections 13, 16, 17, 18, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967 [UA(P) Act], by the NIA, pursuant to the Order No. 11011/2017-IS-IV issued by the Ministry of Home Affairs on 30.05.2017. The Prosecution‟s case is premised on an alleged Conspiracy hatched among several accused persons who were purportedly engaged in secessionist activities in the erstwhile State of Jammu and Kashmir („J&K‟) through various terrorist activities, such as organization of violent protests, in