Delhi HC Grants Bail to Hizb Chief’s Son in 2011 Terror Case
NEW DELHI :The Delhi High Court on Friday granted bail to Syed Ahmad Shakeel, the elder son of Hizb-ul-Mujahideen chief Syed Salahuddin, in a 2011 terror funding case. The decision came after the court noted that Shakeel had spent nearly seven years in prison without any certainty of when the trial would conclude.
A division bench of Justices Navin Chawla and Shalinder Kaur observed that continued incarceration in such circumstances would not serve the ends of justice. Shakeel has been directed to furnish a personal bond of ₹1 lakh and two sureties for his release.
Court Cites Prolonged Incarceration
The bench highlighted that the prosecution had examined only 32 witnesses so far and still needed to present a substantial number. The trial, which began in 2020, showed no signs of concluding soon.
“In our considered opinion, keeping in view the role assigned to the appellant, continued detention of the appellant at this stage would not serve the ends of justice,” the court said.
Shakeel had challenged a 2021 city court order that dismissed his bail plea. His legal team, led by advocate Jawahar Raja, argued that he had been in custody for more than six years with no evidence linking him to membership in Hizb-ul-Mujahideen or knowledge that funds received in his account were for terrorist activities.
Bail Denied for Younger Brother
While Shakeel secured bail, the same bench rejected the plea of his younger brother, Syed Shahid Yusuf. The court cited prima facie evidence presented by the National Investigation Agency (NIA) that indicated Yusuf’s direct contact with members of the proscribed terrorist group and involvement in a wider conspiracy.
The court emphasized that statements of protected witnesses were still being recorded before the special court and that “the larger conspiracy poses a threat to the unity, integrity, and security of the nation.”
Details of the 2011 Terror Funding Case
The NIA arrested Yusuf in October 2017 and Shakeel in August 2018 in connection with a Jammu and Kashmir terror funding network involving hawala transactions. The case dates back to 2011 when funds were allegedly routed from abroad to finance terrorist activities in India.
According to the NIA, Shakeel received ₹2,74,744 in six installments through a US-based international wire transfer service from Aijaz Ahmed Bhat, an alleged associate of Hizb-ul-Mujahideen. The agency alleged these funds were sent at the behest of his father, Syed Salahuddin, who is a designated global terrorist and wanted in India for orchestrating multiple terror attacks.
Prosecution’s Stand
Additional Solicitor General Vikramjeet Banerjee, representing the NIA along with Special Public Prosecutor Akshai Malik and advocate Khawar Saleem, opposed Shakeel’s bail. They stressed the influence of his father’s activities against India’s sovereignty and claimed that the funds were part of a planned conspiracy to fund terrorism.
The NIA booked both brothers under the Unlawful Activities (Prevention) Act (UAPA) for raising and transmitting funds for terrorist acts. The agency alleged that they were part of a wider network mobilizing money from abroad to fuel militancy in Jammu and Kashmir.
Background and Ongoing Trial
The case has been under trial for years, with slow witness examination contributing to prolonged detentions. While Shakeel’s legal team insisted on the absence of concrete proof tying him to terror plots, the NIA maintained that circumstantial and digital evidence linked the brothers to the funding chain.
With the court granting bail to Shakeel but rejecting Yusuf’s plea, the case will continue before the special court, where protected witness testimonies are still being recorded.