The Supreme Court on Tuesday cancelled the bail of Zahoor Ahmad Shah Watali, a Kashmiri businessman, accused in a terror funding case linked to Pakistan-based Lashkar-e-Taiba (LeT) chief Hafiz Muhammad Saeed.
A Bench led by Justice A.M. Khanwilkar said National Investigating Agency (NIA) has collected ample evidence to show links between the Hurriyat leaders of Jammu and Kashmir and terror organisations and their activities to wage war against India.
“Ample material has been collected to show the linkages between the Hurriyat leaders of the Jammu and Kashmir and terrorists/terrorist organisations and their continuous activities to wage war against Government of India,” the court observed.
The judgment assumes significance in the light of the government's recent crackdown on separatist outfits based in the State.
The apex court's verdict came on an appeal filed by the NIA against the high court's September 13, 2018 judgment granting him bail.
The Bench said the High Court, “ought to have taken into account the totality of the materials/evidences which depicted the involvement of the respondent in the commission of the stated offences and being a member of a larger conspiracy, besides the offence under Section 17 for raising funds for terrorist activities.”
The apex court said it agreed with the June 8, 2018 decision of the special NIA court which had declined bail to Watali.
“Accordingly, this appeal succeeds. The impugned judgment and order (of the High Court) is set aside and, instead, the order passed by the Designated Court (NIA court) rejecting the application for grant of bail made by the respondent herein, is affirmed,” the court said in its 89-page verdict.
NIA in its appeal had contended that the High Court had virtually conducted a mini trial and even questioned the genuineness of the documents relied upon by the agency.
Watali was arrested on August 17 last year by the NIA. Watali, Hafiz Saeed, Hizbul Mujahideen chief Syed Salahudeen and nine others have been accused by the NIA of "conspiring to wage war against the government" and fomenting trouble in the Kashmir valley.
In its charge sheet, the NIA has alleged that Watali received money from accused Syed, ISI of Pakistan, the Pakistan High Commission here and from a source in Dubai.
