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New Delhi: Delhi High Court on Wednesday granted bail to Khurram Parvez in a case registered by National Investigation Agency (NIA) noting that he has undergone prolonged incarceration“The appellant was taken into custody in the present case on 22.11.2021, and has, therefore, undergone prolonged incarceration of almost 4½ years. The stage of the trial is at the arguments for framing of charge. We are further informed that the prosecution intends to examine 197 witnesses in case the charge is framed against the appellant”, said the bench of Justice Navin Chawla and Justice Ravinder DudejaThe court observed was hearing the bail plea moved by Parvez assailing the order of the trial court passed on December 13, 2024According to the prosecution Parvez is the Program
Coordinator of the Jammu and Kashmir Coalition of Civil Society (JKCCS) and the Chairperson of the Asian Federation Against Involuntary Disappearances (AFAD). It is alleged, that he, in guise of human right’s activism, was part of the larger conspiracy.It is alleged against Parvez that he, in the guise of human rights activism, was actively involved in collecting information regarding movement of Army vehicles near the Line of Control. He was also in contact with many Pakistani journalists who wanted to portray India in a bad light.It has also been alleged that he was in contact with the spokesperson of proscribed terror outfit Hizb-ul-Mujahideen and was actively involved in providing support to protesters in Kashmir Valley.The court observed that the case against Parvez is based on statement of Muneer Ahmad Kataria, co-accused in the case, who has turned approver and states that he has been working as an NIA informer since 2019.“While the above statement raises serious allegations against the appellant, these allegations are based on the statement of a co-accused who has since turned approver and who himself claims to be an NIA informer. His evidence is yet to be tested in trial”, the court saidThe court further noted that the allegations and the submissions of the defence are to be tested against the long period of incarceration and the fact that there is no likelihood of the trial ending soon as also against the yardstick of bail being the rule, while denial thereof being an exception“The appellant’s rights under Article 21 of the Constitution of India need to be balanced and may even trump the restriction imposed under Section 43D(5) of the UAPA”, the court further added in its order.It also noted that Parwez is infirm and deserves special consideration.The court thus granted bail to Parwez on a personal bond of ₹2,00,000 with two sureties of like amount. It also imposed the condition that Parwez shall surrender his passport and shall not leave Delhi without prior permission of the court.The court also directed that he shall keep only one mobile phone which shall always be kept on and shall furnish his address and phone number to the IO. He shall not directly or indirectly contact, influence, threaten or communicate with any prosecution witness, protected witness, complainant or person acquainted with the facts of the case and shall not tamper with evidence.It also directed that Parwez shall not make any public statement, including through print, electronic media or social media, touching upon the merits of the case, the evidence, the witnesses or the pending trial and shall not upload/share disseminate or circulate any anti-national material on any social media platform or otherwise.
