New Delhi, Mar 20: The Delhi High Court on Friday granted bail to two men accused in a UAPA case, observing that their continued detention of over four years amounted to a violation of their fundamental rights.
A bench of Justices Navin Chawla and Ravinder Dudeja allowed the appeals of Haris Nisar Langoo and Zamin Adil Bhat, who were arrested by the NIA in October 2021. The court noted that both had already spent more than four years in jail without any certainty of the trial concluding soon.
The judges said that given the limited role attributed to the accused, continued detention would not serve the ends of justice and could violate Article 21 of the Constitution, which guarantees the right to life and personal liberty.
The court also highlighted that while some digital material linked to anti-national content was found, there was no evidence to suggest that the accused created or actively circulated such content. Referring to a Supreme Court ruling, the bench stressed that ideological sympathy alone does not amount to active participation in terrorist activities.
Health concerns were also taken into account, particularly in the case of Langoo, who is suffering from cervical spondylosis. The court observed that prolonged pre-trial detention, especially in non-violent and largely digital cases, should not become punitive.
The bail was granted on furnishing bonds of ₹50,000 each with two sureties. The court imposed strict conditions, including surrender of passports, regular reporting to police, full cooperation with the trial, and restrictions on using social media platforms that promote anti-national content.
The case stems from an FIR registered by the NIA in October 2021, alleging a broader conspiracy involving terror groups operating in Jammu and Kashmir and other parts of India. A chargesheet was filed in April 2022 under various sections of the IPC and UAPA.
The court clarified that the evidence against the accused would be examined during trial, but pre-trial detention should not substitute punishment.
