2 Kashmiris Granted Bail After 4 Years In Jail By Delhi HC

New Delhi — The Delhi High Court on Friday granted bail to two Kashmiri men accused in a UAPA case, observing that their continued detention of over four years amounted to a violation of their fundamental rights under Article 21 of the Constitution.

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 National Investigation Agency (NIA) in October 2021. The two had challenged a 2023 trial court order denying them bail.

The court said the prolonged incarceration, coupled with uncertainty over the trial's conclusion, weighed in favour of granting relief. "Continued detention may amount to a violation of their right under Article 21… They have already undergone incarceration of around four years and four months, without any certainty of trial concluding within a reasonable time," the bench observed.

In its 29-page judgment, the court noted that while the accused were allegedly part of social media groups where anti-national content was circulated, there was no evidence to show they created such groups or actively shared objectionable material.

The bench underscored that possession of certain digital content or ideological leanings does not automatically translate into active participation in terrorist activities. It drew on a Supreme Court ruling to distinguish between "ideological alignment" and "operational involvement" in UAPA cases.

The court also considered Langoo's deteriorating health condition, noting that he suffers from cervical spondylosis, and held that the health of an undertrial prisoner is a relevant factor under Article 21.

"Prolonged pre-trial detention of a person whose alleged role is predominantly digital and non-violent in nature… further tilts the balance in favour of conditional release," the bench said.

Bail was granted on furnishing personal bonds of Rs 50,000 with two sureties each. The court imposed strict conditions, including surrender of passports, regular reporting to the local police station, and full cooperation with the trial process.

The accused have also been barred from joining or engaging with any social media platforms where anti-national content is shared, and from leaving the country without prior permission.

In their appeals, the two men, both in their 20s, stated that they worked as part-time delivery agents in Srinagar and that no incriminating material linked them to any banned organisation or active propaganda.