New Delhi: The Delhi High Court on Thursday granted bail to two persons in a case related to “conspiracy to commit terrorist acts in Jammu and Kashmir and major cities nationwide”, considering that they have been in incarceration for almost five years.
The high court granted relief to Sobiya Aziz (33) and Kamran Ashraf Reshi (26), noting that the trial is not likely to conclude anytime soon.
“The appellant(s) shall not join any WhatsApp group or other social media platforms where anti-national material is uploaded or circulated or propagated. They shall also not upload/share/disseminate or circulate any anti-national material on any social media platform or otherwise. They shall also furnish an undertaking to this effect before the trial court,” a bench of Justice Navin Chawla and Justice Ravinder Dudeja said in the order.
As per the case, the National Investigation Agency (NIA) has alleged that information was received that cadres of several proscribed terror organisations were active in Jammu and Kashmir and were being orchestrated from Pakistan.
It is alleged that these organisations and their affiliates were conspiring both physically and in cyberspace, and planning to undertake violent terror acts in J&K and in major cities across India, including New Delhi.
The prosecution has alleged that the accused individuals were indulging in “radicalisation of local youth” for the purpose of recruiting and training them in handling arms, ammunition and explosives.
Members of these proscribed organisations had conspired to wage war against the Government of India, as per the case.
Sobiya Aziz was arrested in October 2021 and was allegedly found with diaries containing handwritten notes on Sharia law, Islamic State ideology and jihadi material, besides an Islamic State flag. The NIA has also alleged her involvement in transporting a militant.
Kamran Ashraf Reshi, also arrested in October 2021, was allegedly associated with online propaganda groups linked to terror organisations and Pakistan-based handlers. The NIA has alleged that he attended radicalising lectures and was associated with an active Hizbul Mujahideen terrorist.
While granting bail to the two accused, the high court said, out of the 359 cited witnesses, only 21 have been examined by the prosecution.
“Keeping in view the fact that the appellant Sobiya Aziz has been in long incarceration of almost five years; is a lady; is suffering from various ailments; and the trial is not likely to conclude anytime soon, we are of the opinion that the appellant is entitled to be released on bail,” the court said.
Regarding Reshi, it said “given the long period of incarceration of the appellant juxtaposed against the material alleged against him by the NIA, the appellant has been able to make out a case for being released on bail”, adding that there is no chance of the trial ending soon.
