Delhi High Court Refuses to Stay Bail of Khurram Parvez and Irfan Mehraj in UAPA Case
The Delhi High Court on Tuesday refused to stay the bail granted to Kashmiri human rights activist Khurram Parvez and journalist Irfan Mehraj in a 2020 case registered under the Unlawful Activities (Prevention) Act (UAPA). However, the court imposed additional conditions on both accused while hearing the National Investigation Agency’s (NIA) appeal against the trial court’s order. Click Here To Follow Our WhatsApp Channel
A Bench of Justice Prathiba M. Singh and Justice Vikas Mahajan issued notice on the NIA’s appeal, observing that the trial court had not fully examined the bail applications under the requirements of Section 43D(5) of the UAPA. Despite this observation, the High Court declined to suspend the bail granted on July 18.
The NIA argued that the trial court’s order lacked proper reasoning and that allowing the bail to continue could affect other UAPA cases by creating an undesirable legal precedent. The agency also claimed that releasing the two accused would be against the national interest.
The High Court rejected the request to stay the bail but clarified that the trial court’s order would not be treated as a legal precedent in future cases. It also directed Khurram Parvez and Irfan Mehraj to appear before the investigating officer twice every week, avoid contacting anyone named in the chargesheet and refrain from engaging in similar activities while on bail.
The trial court had earlier directed both accused not to leave Delhi without permission and to surrender their passports as part of their bail conditions.
Senior advocates representing Parvez and Mehraj argued that bail orders should not be disturbed unless they are clearly unreasonable or legally flawed. They also informed the High Court that Khurram Parvez had recently been granted bail in another UAPA case after the court considered his prolonged detention and the slow progress of the trial.
The case relates to allegations by the NIA that certain Kashmir-based NGOs, trusts and societies were involved in funding activities linked to terrorism. The agency alleges that the Jammu Kashmir Coalition of Civil Society (JKCCS), where Parvez served as programme coordinator, promoted a separatist agenda under the cover of human rights work. Both Parvez and Mehraj were arrested in March 2023 in connection with the case.
The High Court has listed the NIA’s appeal for further hearing in August, while allowing both accused to remain on bail subject to the stricter conditions imposed by the court.
