Recruitment of ‘hybrid’ terrorists: Supreme Court grants bail to man accused under UAPA
While granting Suhail Ahmad Thokar bail, the top court took into account the length of his custody and the likelihood of the trial taking considerable time to conclude
The Supreme Court on Friday granted bail to Suhail Ahmad Thokar, an accused under the Unlawful Activities (Prevention) Act, 1967, for allegedly conspiring with banned terror outfits to recruit “hybrid” terrorists, radicalise youth and execute acts of terrorism after the 2019 repeal of Article 370 of the Constitution.
The order came from a three-judge Bench led by Chief Justice of India Surya Kant on Thokar’s petition challenging the Delhi High Court’s September 2023 order denying him bail in the case.
The Bench directed Thokar to be released on bail subject to furnishing bail bonds to the satisfaction of the special NIA Court in Delhi.
Thokar was arrested on October 20, 2021, in the case probed by the National Investigation Agency (NIA) for his alleged complicity with banned terror outfits, including Lashkar-e-Toiba and Hizb-ul-Mujahideen.
While granting him bail, the top court took into account the length of his custody and the likelihood of the trial taking considerable time to conclude.
The prosecution alleged that the accused was a part of a larger conspiracy involving terrorist organizations and their Pakistan-based handlers aimed at radicalizing vulnerable youth in the Kashmir Valley after the abrogation of Article 370 in August 2019. These terrorist groups provided logistical and operational support to execute acts of terrorism in the region.
However, the counsel representing the accused contended that there was no substantial evidence linking Thokar to any criminal conspiracy and that nothing incriminating had been recovered from his possession.
His counsel had argued before the high court that there existed a conspicuous absence of material evidence implicating him in any criminal conspiracy with the alleged terrorist outfits and nothing incriminating was recovered from his possession.
The NIA counsel had contended before the high court that the prosecution was clearly able to establish an active role played by him in arranging logistical support for terrorists in the Kashmir valley.
