Delhi HC seeks NIA response on UAPA accused’s plea against order denying him bail

Manzer Imam was arrested by the NIA in 2013 in a case related to alleged Indian Mujahideen operatives and booked under charges, including conspiracy to wage war against the Indian government. The Delhi High Court on Friday sought a response from the National Investigation Agency (NIA) in a plea against a trial court’s dismissal of bail moved by a man, who has been incarcerated for over nine years under the Unlawful Activities Prevention Act, on the ground of a delay in trial. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, while issuing notice to the NIA, made it clear that “notice issued in present petition will not come in the way of framing of charge before trial court”. The matter is listed in March. Manzer Imam, who was arrested by the NIA in 2013 in a case related to alleged Indian Mujahideen (IM) operatives, has challenged the trial court’s order denying him bail. Imam was booked under various provisions of the UAPA as well as sections 121A (conspiracy to wage war/attempt or abet to wage war against Government of India) and 123 (concealing with intent to facilitate design to wage war) under the Indian Penal Code. On November 28, 2022, the trial court rejected Imam’s bail plea, sought on the ground of delay in trial. The trial court ruled that “delay in the trial ipso facto cannot be a reason in the present case to grant bail” as there was also sufficient material to conclude that the accusation against Imam was not false. On Friday, Imam’s counsel Kartik Murukutla submitted that his client has been in jail for nine years and charges are yet to be framed. He submitted that “repeated arguments” on framing of charges have taken place before the trial court. “My concern is that there are 369 witnesses. The case is about a terrorist organisation called the Indian Mujahideen (IM). I first approached this court to grant me to bail, the HC sent me back to the special court. There is no material at all connecting me to IM. There is just some material which has me in certain meetings where I’m not the organiser or making any speeches,” he said. Apart from the delay, Imam has also sought bail on the merits of his case. The NIA counsel submitted that the trial court was examining the matter on a day-to-day basis on charge. It was said on behalf of the NIA that the repeated petitions highlight the delay in the trial which is “purely circumstantial” and is “nobody’s fault”. It was argued by the NIA that arguments on charge for most of the 14 accused have been completed. The high court was told that there are a total of 33 accused in the matter, 14 of whom have been arrested and are facing trial. The high court in October last year had directed the trial court to decide Imam’s bail plea within 75 days, after his counsel submitted that his client had been in custody since October 1, 2013, and had spent over “nine years in incarceration” asking that a time frame be indicated for disposing of the bail application. The NIA said that the Imam has the remedy to approach the special court on this issue, which he has not availed.

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