NAYEEM AHMAD KHAN Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) The present Criminal Appeal has been filed under Sec. 21(4) of the National Investigation Agency (NIA) Act, 2008, assailing the Order dtd. 3/12/2022 (Impugned Order) passed by the learned Additional Special Judge ' 03, Patiala House Courts, Delhi, (ASJ) in case bearing no. NIA RC No. RC-10/2017/NIA/DLI titled NIA vs Hafiz Muhammad Saeed and Ors., whereby the first bail application filed by the Appellant seeking regular bail was dismissed. The Appellant has prayed for setting aside of the Impugned Order and granting of regular bail to him in the aforementioned registered NIA case. FACTUAL BACKGROUND:

(2.) Briefly, the present matter is, allegedly, a case of conspiracy pertaining to organized, funded and orchestrated terrorism by the Intelligence Agencies of Pakistan, through creation of several terrorist organizations which compose of strategists, planners, fund-raisers, financial conduits, executors, etc., who devise organization of bandhs, forcible closure of roads and Government establishments, instigating general public to violence, arson, mass unlawful attacks against the Security Forces, etc, thus, creating surcharged atmosphere and circumstances where human lives are lost and the sentiments attached to such deaths are exploited to their advantage. It has been alleged that these violent activities for over two and a half decades have led to massive loss of life and injuries to thousands of innocent persons, which are perpetrated by various proscribed terrorist organizations, namely Lashkar-e-Toiba (LeT), Hizb-ul-Mujahideen (HM), Jammu and Kashmir Liberation Front (JKLF), etc,

(3.) Further, it is alleged that the ultimate goal of these organizations is to achieve secession of the erstwhile State of Jammu and Kashmir from the Union of India and to that effect, they are also imparting and equipping a large number of youth from the Kashmir Valley with sophisticated weaponry, etc, and as such are waging a war against the Government of India by resorting to strategized stone pelting, repeated attacks on the Security Forces, government establishments, public property, etc, thereby threatening the sovereignty, integrity and unity of India.