Jammu, May 16: The Division Bench of High Court of Jammu & Kashmir and Ladakh has rejected the bail application of an accused in the Hizbul Mujahideen (HM) terror conspiracy case.
The Division Bench, comprising Justice Sindhu Sharma and Justice Shahzad Azeem, dismissed the appeal of accused Syed Irfan Amad, filed under Section 21 of the National Investigation Act (NIA), 2008 – challenging an order of the Special Judge NIA cases, Jammu.
Rejecting the bail application of the accused, the court observed, “The appellant has been found to be part of the larger conspiracy and acted as an intermediary, who facilitated the safe movement of A-1 (his real brother and District Commander of HM) and other militants from Shopian to Jammu in the month of February, 2019 for ex-filtration to Pakistan with the help of HM leadership.”
The court held that once a prima case was made out, stringent restrictions under Section 43-D (5) of the UAPA, 1967.
Younger brother of HM District Commander Naveed Mushtaq, Irfan was charge-sheeted along with ten co-accused for allegedly “raising and transferring funds, smuggling arms and ammunition and waging war against India” and was booked for offences under Sections 120-B, 121, 121-A and 122 IPC along with Sections 17, 18, 19, 38, 39 and 40 of the Unlawful Activities (Prevention) Act (UAPA).
A Police officer posted in the Anti-Hijacking Unit, DySP Devender Singh, who was terminated from the service, was also among the co-accused.
