New Delhi [India], August 9 (ANI): The Delhi High Court on Friday rejected an appeal of Shahid Yousuf, son of Hizbul Chief Syed Sallauddin. However, his brother has been granted bail by the High Court. The brothers had challenged a trial court order denying them bail in a terror-funding case.

'This court cannot ignore the larger conspiracy brought forth by the prosecution, which poses a threat to the unity, integrity, and security of the nation,' the High Court said while dismissing the appeal of Shahid Yousuf.

This case triggered from an investigation when the Special Cell of the Delhi Police received information that funds originating from Pakistan were being routed to Jammu & Kashmir through hawala channels operating via Delhi, for the purpose of funding terrorist and secessionist activities in Jammu and Kashmir.

On the basis of the information, an FIR was registered in 2011. Late on the investigation was handed over to the NIA.

The division bench of justices Navin Chawla and Shalinder Kaur rejected the appeal for Shahid Yousuf.

However, the High Court has allowed the appeal of Syed Ahmed Shakeel. He has been granted bail subject to furnishing of a bail bond of Rs one lakh and two sureties.

While discussing the bail plea of Shahid Yousuf, the High Court said, 'The nature of theallegations and the material placed on record prima facie establish the petitioner's involvement in this conspiracy and his direct contact with known members of the proscribed terrorist outfit.'

'He is alleged to have received money from co-accused Aijaz Ahmad Bhat alias Aijaz Maqbool Bhat, knowing that the funds would be used to further terrorist activities,' the High Court said in the judgement.

The counsel for Shahid Yousuf emphasised his prolonged incarceration and submitted that he has been in custody for a period of seven years and four months, which is violative of his right to liberty under Article 21 of the Constitution of India. Therefore, he is entitled to be enlarged on regular bail.

The High Court rejected the submissions and said, 'Undisputedly, the appellant has been in custody since the date of his arrest, that is, August 30, 2018, and is facing trial under Sections 13, 17, 18, 20, 21, 38 & 40 of the UAPA. The charges have been framed, and the case is presently at the stage of recording of evidence of the prosecution witnesses.'

'This court is conscious of the fact that the appellant, being an undertrial, has a right to a speedy trial. At the same time, statements of protected witnesses is being recorded before the Special Court. This court cannot ignore the larger conspiracy brought forth by the prosecution, which poses a threat to the unity, integrity, and security of the nation,' the High Court pointed out.

The High Court noted that the prosecution has highlighted the use of hawala channels to route terror funds into Jammu and Kashmir, and the appellant (Yousuf) is allegedly part of this network.

While dismissing the appeal, the High Court also said that Shahid is a flight risk.

'The possibility of the appellant being a flight risk cannot be ruled out, especially in light of the allegation that he had earlier travelled on a passport with a falsified parental identity and later destroyed the document. There exists a real likelihood of his tampering with evidence and influencing witnesses.

It is alleged that as part of a larger criminal conspiracy, to raise and send funds to Jammu & Kashmir for carrying out terrorist activities, the appellant Shahid Yousuf and the appellant Syed Ahmad Shakeel willfully received and collected money from Aijaz Ahmad Bhat alias Aijaz Maqbool Bhat on different occasions.

During the course of investigations, the disclosure statements of the appellants, as well as evidence of their receipt of terror funds from Aijaz Ahmad Bhat, were recorded, the agency alleged.

Accused Shahid Yousuf was arrested on October 24, 2017, and Syed Ahmad Shakeel was arrested on August 30, 2018. (ANI)