In a recent judgment, the Delhi High Court denied bail to Naval Kishore Kapoor, an accused in a terror funding case investigated by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA). The division bench, comprising Justice Navin Chawla and Justice Shalinder Kaur, dismissed Kapoor's appeal against a trial court's decision that had previously denied him bail on August 19, 2019.
The court observed that the case involves a larger conspiracy wherein various terrorist organizations, with assistance from funds raised through illegal means, aimed to further terrorist and secessionist activities in Jammu and Kashmir. Kapoor was specifically accused of channeling funds to co-accused Zahoor Ahmad Shah Watali, who allegedly facilitated the transfer of these funds to terrorist organizations. These funds were purportedly used to incite activities such as stone-pelting and the burning of schools in the Kashmir Valley.
The bench noted that prima facie evidence indicated that terror funding was orchestrated from Pakistan and its agencies, with Watali acting as a key conduit. The court stated that the documents collected during the investigation provided reasonable grounds to believe the allegations against Kapoor to be true.
Kapoor's defense argued that his arrest was improper, highlighting that he was initially a witness in the investigation before being named an accused in the NIA's supplementary chargesheet. However, the court dismissed this argument, emphasizing the gravity of the allegations and the evidence presented.
This decision underscores the judiciary's stance on cases involving national security and the funding of terrorist activities, reflecting a stringent approach towards individuals implicated in such conspiracies.
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