Delhi HC grants bail to Kashmiri activist in UAPA case, cites prolonged incarceration

The Delhi High Court on Wednesday granted bail to Kashmiri human rights activist Khurram Parvez in a 2021 terror case registered by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA), observing that the trial was unlikely to conclude anytime soon and reiterating that “bail is the rule” while denial is an exception.

A division bench of Justices Navin Chawla and Ravinder Dudeja took note of Parvez’s prolonged incarceration of nearly five years and his physical disability while granting relief.

Parvez, however, will continue to remain in custody as he is also an accused in a separate 2020 NIA case under the UAPA. His bail plea in that matter is pending before the trial court.

The High Court observed that the allegations against Parvez must be weighed against the length of time he has already spent behind bars and the slow pace of proceedings.

“The allegations must be tested against the long period of incarceration of the appellant and the fact that there is no likelihood of the trial ending soon,” the court said, adding that the right to personal liberty may outweigh the restrictions imposed under Section 43D(5) of the UAPA in such circumstances.

The bench also noted that Parvez is infirm and deserves special consideration. He lost a leg in a landmine blast in 2004, resulting in permanent disability.

The court recorded that the case is still at the stage of arguments on framing of charges and that the prosecution proposes to examine 197 witnesses if charges are framed, indicating that the trial could take several years to conclude.

As part of the bail conditions, Parvez has been directed not to leave the National Capital Territory of Delhi without prior permission of the court. He has also been barred from uploading, sharing or disseminating any anti-national material through social media or any other platform.

Parvez was arrested by the NIA on 22 November 2021 in a case involving allegations of terror funding, criminal conspiracy and waging war against the state. The agency had accused him of recruiting overground workers for the banned Lashkar-e-Taiba.

A prominent rights activist, Parvez was associated with the Jammu Kashmir Coalition of Civil Society (JKCCS), which documented and campaigned on issues including enforced disappearances, illegal detentions, torture and alleged extra-judicial killings in Jammu and Kashmir.

In a separate case registered in October 2020, the NIA alleged that several non-governmental organisations diverted funds meant for charitable activities towards secessionist and separatist activities in Jammu and Kashmir. That case remains pending.