New Delhi, July 21: The Delhi High Court on Tuesday refused to stay the bail granted to Kashmiri human rights activist Khuram Parvez and journalist Irfan Mehraj in a 2020 case registered under the anti-terror law UAPA.

The counsel for the National Investigation Agency (NIA) sought a stay on the trial court’s bail order, passed on July 18, on the grounds that the case pertained to serious offences and that the relief given to the two accused persons was “bereft of any reasoning”.

The NIA counsel also argued that the bail order would have a “chilling effect” and “create a problem” by being cited as a precedent in other cases.

A bench of Justices Prathiba M Singh and Vikas Mahajan said that at the prima facie stage, notice was liable to be issued on the NIA’s appeals against the trial court’s order as the lower court had failed to consider the bail pleas by the two accused persons as per the requirements under 43D(5) of the Unlawful Activities (Prevention) Act (UAPA).

The trial court is not a constitutional court and has to go strictly by the statute, and the absence of any findings with respect to the non-existence of a prima facie case against the accused required consideration, it added.

However, declining to interfere with the bail, the court imposed additional conditions on the two accused persons and clarified that the order would not be treated as a precedent.

“These conditions are okay. Anything you find is not right, you can move the court,” the bench told the NIA counsel.

Listing the NIA’s appeals for hearing in August, the court asked Parvez and Mehraj to appear before the investigating officer twice a week and not interact with any person named in the chargesheet or indulge in similar activities.

In the bail order, the trial court had asked the two accused not to move outside Delhi and to surrender their passports.

The NIA counsel sought a stay on the bail order, stating that their release would be contrary to national interest.

The case pertains to the alleged involvement of some Kashmir-based NGOs, Trusts and societies in the funding of terror-related activities.

Parvez was the programme coordinator of Jammu and Kashmir Coalition of Civil Society (JKCCS), which is accused of funding terror activities and propagating a secessionist agenda in the Valley under the garb of protection of human rights.

The NIA lawyer said as per section 43(D) of the UAPA, for granting bail, the trial court has to come to a conclusion that the allegations against an accused are prima facie not true, which was not done in the present case.

He said the trial court simply proceeded on the basis that the trial was at an early stage and the allegations were based on oral testimony.

The senior lawyers appearing for Parvez and Mehraj said bail orders cannot be interfered with unless they are manifestly perverse.

The court was also told the high court recently granted bail to Parvez in another case under the anti-terror law.

Both the accused persons were arrested in March 2023.

On June 10, the high court had granted bail to Parvez in another UAPA case, taking note of his over four-year incarceration in the case and the unlikelihood of the trial concluding soon.

It had held that the activist’s rights under Article 21 of the Constitution trumped the restriction on bail under UAPA.

New Delhi, Jul 21: Prime Minister Narendra Modi on Tuesday asserted that strong action was taken against those involved in the NEET paper leaks so that no one plays with the future of the youth, and said states should join hands with the Centre to tackle the menace in national interest.

Modi made the remarks at a meeting of the NDA MPs here, a day after thousands of students led by the Cockroach Janta Party (CJP) took part in the ‘Sansad Chalo’ march against irregularities in the NEET exam and to demand Education Minister Dharmendra Pradhan’s resignation.

Briefing journalists after the NDA Parliamentary Party meeting, which was named ‘Mangal Milan’ since it is held mostly on Tuesdays, Union Parliamentary Affairs Minister Kiren Rijiju said the prime minister told the MPs that the government acted immediately after reports of the paper leak surfaced, and 13 people were arrested and sent to jail.

“At the same time, the prime minister said, to ensure that students’ future was not affected, the NEET re-examination was given priority, conducted successfully, and the results were declared without delay,” Rijiju said after the hour-long meeting.

He said the prime minister also said that strict steps have been taken to prevent such paper leaks in the future.

Modi told the NDA MPs that those found involved in the paper leak racket have been arrested and jailed.

The prime minister also told the ruling alliance’s MPs that those guilty in paper leaks should be given the strictest possible punishment, with the support of the country’s top lawyers, so that those involved in such a grave offence face exemplary action and such incidents do not recur.

“The prime minister said strong action has been taken to ensure that no one plays with the future of youth. The prime minister also said that to ensure that no future paper leaks take place, all state governments and the Centre must join hands irrespective of party. This is not a matter of party politics but matter of national interests,” Rijiju said.

Modi also stressed the need to punish the guilty and collaboratively establish a foolproof system.

The parliamentary affairs minister said the prime minister gave guidance to everyone present at the meeting.

He said at the outset the newly elected Rajya Sabha members, including BJP president Nitin Nabin, who was elected to the Upper House recently, was congratulated and wished success in Parliament.

Rijiju said the meeting was very productive as the prime minister spoke on several important issues.

The prime minister spoke about the achievements the country has made over the past few months and also briefed the NDA MPs on the free trade agreements (FTA) signed with several countries.

On the FTAs, Rijiju said, Modi assured the NDA members that the interests of farmers would be prioritised and emphasised that no harm would come to them.

The prime minister stressed that the welfare of farmers remains paramount in any FTA signed with any country and the government is ensuring that these agreements serve the best interests of both the farmers and the nation, he said.

Rijiju said the NDA would play a constructive role during the ongoing Monsoon Session.

“We are united in our resolve to ensure the passage of all important bills brought forward for the nation’s benefit. We also appeal to the opposition parties that while they may hold differing views, they should come forward to work together for the country, its future, and the youth,” he said.

Gangtok, Jul 21: Ten people were killed after a tunnel under construction collapsed due to a landslide in Sikkim’s Namchi district a day ago, police said on Tuesday.

The number of victims could go up as search and rescue operations were underway, a Namchi district official said.

Sikkim Chief Minister Prem Singh Tamang said the tunnel of NHPC Teesta Stage VI Hydroelectric Project at Samardung in Jholungey caved in due to a landslide.

A total of 25 people, including project officials and workers, were trapped inside the ADIT-3 tunnel when it suddenly collapsed on Monday, he said.

The CM said Prime Minister Narendra Modi spoke with him and enquired about the rescue operations.

“Ten bodies have been recovered till 9.30 am on Tuesday. Seven of the deceased have been identified, while three unidentified bodies were sent to the District Hospital Singtam and STNM Hospital,” the Namchi police said in a statement.

Of the seven identified deceased, four were from West Bengal’s Jalpaiguri, one each from Assam, Punjab and Uttarakhand’s Dehradun, and one was a resident of Namchi, it said.

“My heartfelt condolences go to the families of the workers, who have lost their lives. In this hour of grief, the thoughts and prayers of the entire state are with the bereaved families, and we stand firmly by them during this difficult time,” Tamang said in a statement.

The chief minister said he was closely monitoring the ongoing rescue operation.

The teams of the Namchi district administration, Sikkim State Disaster Management Authority (SSDMA), Sikkim Police, State Disaster Response Force (SDRF), Fire and Emergency Services, and the National Disaster Response Force (NDRF) from Pakyong and Siliguri, along with other specialised agencies, were working tirelessly to recover the bodies of the remaining workers trapped inside the tunnel, Tamang said.

“Following the tragic incident at the under-construction tunnel of the NHPC Teesta Stage VI Hydroelectric Project at Samardung, Jholungey, in Namchi District, Hon’ble Prime Minister Narendra Modi spoke with me to enquire about the situation and the ongoing rescue operations,” the chief minister said on X.

Tamang also said, “His (PM) words of concern and compassion for the affected workers and their families, along with his assurance of every possible assistance from the Government of India, have provided immense strength and reassurance to the people of Sikkim during this difficult hour.”

The chief minister said he has directed the authorities to provide every possible assistance, expedite the rescue efforts, and ensure that the highest standards of safety are strictly maintained throughout the operation.

On Monday, the district officials had said around 27 workers were trapped inside the tunnel under construction after a landslide blocked its entrance and triggered a suspected gas leak in the afternoon.

The rescue operation had been complicated by the presence of gas inside the tunnel, with several personnel experiencing dizziness and losing consciousness while attempting to reach the trapped workers, they said.

The gas is believed to be naturally emanating from underground strata or rock formations disturbed by the landslide, they said.