SC grants bail to UAPA accused in Kashmir terror case

The Supreme Court of India granted bail to Suhail Ahmad Thokar in an NIA terror conspiracy case linked to post-Article 370 unrest in Kashmir, citing prolonged custody and likely delay in completion of the trial

New Delhi: The Supreme Court on Friday granted bail to Suhail Ahmad Thokar, who was arrested in a UAPA case for allegedly conspiring with proscribed terrorist groups to recruit “hybrid” terrorists, radicalise youth and execute acts of terrorism following the repeal of Article 370 of the Constitution. The Centre had on August 5, 2019 abrogated the provisions of Article 370 of the Constitution, which bestowed a special status on the erstwhile state of Jammu and Kashmir.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi passed the order while hearing Thokar’s plea challenging a September 2023 order of the Delhi High Court which had denied him bail in the case probed by the National Investigation Agency (NIA). He was arrested in the case on October 20, 2021.

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The top court granted him bail while considering the period already spent by him in custody and also that conclusion of trial in the matter would take some time. It directed that Thokar be enlarged on bail subject to furnishing the bail bond to the satisfaction of the special NIA court at Delhi.

Thokar had earlier moved the high court challenging a January 2023 order of the trial court denying him bail in the case lodged under various provisions of the erstwhile Indian Penal Code and the Unlawful Activities (Prevention) Act, 1967.

The prosecution had alleged that an FIR was registered subsequent upon the receipt of intelligence regarding the incubation of a larger conspiracy in the Kashmir valley and the conspiracy was orchestrated by proscribed terrorist groups, including Lashkar-e-Taiba, and Hizb-ul-Mujahideen.

It was alleged that these terror groups, in collaboration with their facilitators and leaders based in Pakistan, were involved in influencing and radicalising susceptible local youth. The prosection had alleged that Thokar played an active role in providing refuge to the members of the terrorist organisations and their associates.

During the arguments before the high court, his counsel had argued that there existed a conspicuous absence of material evidence implicating him in any criminal conspiracy with the alleged terrorist outfits and nothing incriminating was recovered from his possession.

Opposing his submissions, the NIA’s counsel had argued in the high court that the prosecution was clearly able to establish that Thokar played an active role in arranging logistical support for terrorists in the Kashmir valley.