NAVAL KISHORE KAPOOR Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) The present Appeal under Sec. 21(4) of the National Investigation Agency Act, 2008 (NIA Act) is directed against the Order dtd. 19/8/2019, passed by the learned Additional Sessions Judge-03 (ASJ), Special Court (NIA), Patiala House Court, New Delhi in NIA Case No. RC-10/2017/NIA/DLI titled State (NIA) vs. Hafiz Muhammad Saeed and Ors., whereby the Appellant's regular bail application dtd. 30/9/2018 has been rejected.

(2.) It is the case of the Prosecution that the Ministry of Home Affairs, on 30/5/2017, issued an Order no. 11011/2017-IS-IV, in exercise of the powers conferred by Sec. 6(5) read with Sec. 8 of the NIA Act, directing the NIA to register a Regular Case and carry out an investigation as credible information had been received by the Central Government that Hafiz Muhammad Saeed, the Chief of the Jammat-ud-Dawah, and other secessionists and separatists leaders, including various members of the Hurriyat Conference, had been acting in connivance with the active militants of various proscribed terrorist organizations for raising, receiving, and collecting funds through various illegal channels, including hawala. Their purpose was to fund separatists and terrorist activities in the Kashmir valley and through the funds so collected, they had entered into a larger criminal conspiracy for causing the disruption of peace in the Kashmir valley by way of pelting stones at the Security Forces, systematic burning of schools, damaging public properties, and waging war against India.

(3.) Accordingly, the NIA launched an investigation into the registered case bearing no. RC-10/2017/NIA/DLI under Ss. 120B, 121 and 121A of the Indian Penal Code, 1860 (IPC) and Ss. 13, 16, 17, 18, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967 [UA(P) Act].