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Supreme Court upholds HC order, rejects bail plea of Hizb chief’s son


Date:- 05 Jan 2019


The Supreme Court on Friday rejected the plea of Syed Shahid Yousuf, son of Hizbul Mujahideen founder and a ‘specially designated global terrorist’ Syed Salahuddin, challenging the Delhi High Court order dismissing his bail petition in a terror funding case.

The top court said that once the trial court had granted extension of time to the National Investigation Agency (NIA) to complete the investigation in the case, the accused was not entitled to statutory bail.

A bench of Justices DY Chandrachud and Hemant Gupta said the trial court and the Delhi High Court had applied their mind and there was no illegality in the decision.

The counsel for Yousuf argued that the trial court had erred in allowing the NIA application to extend the time up to 180 days to complete the investigation and remanding the accused in judicial custody.

“Under the provisions of law, it cannot be done. The extension of time till 180 days can only be done in a piecemeal manner and not in one shot,” the counsel argued.

The bench, however, said it all depended on the nature of the case and its ramification.

The counsel failed to impress the bench, which said that there were several judgments in this regard and it appeared from the trial court judgment that the judge had applied his mind.

On May 31 last year, the Delhi High Court had dismissed the bail plea and had upheld the trial court order dismissing the statutory bail petition.

Yousuf (42) was posted as agricultural assistant in Budgam of central Kashmir when he was arrested by the NIA on October 24, 2017. The bail plea of Yousuf, currently in judicial custody, was dismissed by the trial court here on March 7 last year.

Yousuf in his plea had said he was entitled to statutory bail and the special court had erred in denying him the relief. He had also challenged the special court’s order of February 5 last year allowing the NIA’s plea for extension of time up to 180 days to complete the investigation.

The NIA had earlier alleged that the accused had links with proscribed terrorist organisations like the Hizbul Mujahideen. It had alleged that the case was registered on the basis of information about funds from Pakistan being sent to J&K through hawala channels via New Delhi to spread terrorism. — PTI

Charges filed 

The NIA has claimed that Syed Shahid Yousuf has received a total of nearly Rs 4.5 lakh through eight international wire transfers. It had also registered two other cases related to terror funding — one in November 2011 and the other in May 2017. It had filed a chargesheet against 10 people, including Syed Salahuddin, in the April 2011 case.

Courtesy:The Tribune,05,2019