The Delhi High Court has granted bail to Kashmiri human rights activist Khurram Parvez in a terrorism conspiracy case registered by the National Investigation Agency (NIA). Parvez had spent over four-and-a-half years in custody since November 2021, with the trial still far from conclusion. The court cited his extended detention and the improbability of a speedy trial as grounds for his release, despite legal provisions under the stringent Unlawful Activities (Prevention) Act (UAPA) that typically restrict bail in such cases.
A Division Bench comprising Justices Navin Chawla and Ravinder Dudeja overturned an earlier trial court order rejecting Parvez’s bail application. The court emphasized that the trial had not progressed beyond the stage of framing charges and that the prosecution planned to call nearly 200 witnesses if charges were framed. This procedural delay factored heavily in the decision to order Parvez’s release, subject to strict conditions imposed by the court.
The NIA accused Parvez of acting as part of a broader terror conspiracy linked to the Pakistan-based Lashkar-e-Taiba (LeT) group. Charges against him include funding terrorism, recruiting overground workers, maintaining dossiers on Indian security forces, and facilitating separatist activities—offenses under both the UAPA and the Indian Penal Code (IPC). The agency’s case largely relies on the testimony of a co-accused turned approver, whose statements remain untested in court.
The bench also took into account Parvez’s physical condition; he lost a leg in a landmine blast in 2004, which influenced their ruling on his personal liberty under Article 21 of the Indian Constitution. The judges noted that his right to personal liberty must be balanced against restrictive provisions in the UAPA, and in this instance, the right to liberty prevailed.
The court’s observation highlighted a series of Supreme Court rulings that caution against prolonged detention without timely trial, even under special security legislation. By granting bail, the court recognized the need to prevent the indefinite incarceration of accused individuals when trials face significant delays.