NEW DELHI: An undertrial’s prolonged incarceration cannot be a ground to grant bail in terror cases, where the intent is to destabilise the country’s unity, Delhi high court recently held.
A bench of justices Navin Chawla and Shalinder Kaur made the observation while denying bail to separatist Nayeem Ahmad Khan in a terror funding case involving Lashkar-e-Taiba (LeT) and 26/11 Mumbai attack mastermind Hafiz Saeed.
Khan, who had challenged a trial court order of Dec 2022 rejecting his bail plea, argued the trial was not likely to conclude in the near future, and he ought to be granted bail to balance the period of custody he had undergone with his fundamental right to liberty.
Rejecting the contention, the bench said: “While we are aware that the right of an undertrial to a speedy trial is of paramount consideration, in cases involving terrorist activities ,which have nationwide implications and where there is an intention to destabilise the unity of the Union of India and to disrupt its law and order, more so, to create terror in the minds of the public, which are also factors that weigh in, the long period of incarceration would not, in itself, be ground enough to enlarge an accused on bail.”
Khan, a member of Hurriyat Conference and chairman of J&K National Front, was arrested on July 24, 2017, under Unlawful Activities (Prevention) Act, and is currently in judicial custody.