The Delhi High Court on Friday granted bail to two men, Haris Nisar Langoo and Zamin Adil Bhat, accused in a case involving an alleged conspiracy to carry out terrorist acts across India. The court observed that the duo had already undergone “prolonged incarceration” for over four years and that their continued detention, given their limited role and the uncertain timeline of the trial, would violate their fundamental rights under Article 21 of the Constitution.
A Division Bench comprising Justice Navin Chawla and Justice Ravinder Dudeja allowed the appeals filed by Langoo and Bhat against a 2023 trial court order that had denied them bail. The appellants, both in their 20s and former part-time delivery agents in Srinagar, were arrested by the National Investigation Agency (NIA) in October 2021.
The case originated from an FIR registered by the NIA on October 10, 2021, following directions from the Central Government. The investigation targeted a suspected conspiracy by cadres of proscribed terrorist organizations active in Jammu and Kashmir, allegedly orchestrated from Pakistan, to undertake violent acts in J&K and major Indian cities, including New Delhi.
In April 2022, the NIA filed a chargesheet naming Langoo and Bhat under various sections of the Indian Penal Code (IPC)—including waging war against the country—and the Unlawful Activities (Prevention) Act (UAPA) for conspiracy and membership in terrorist outfits.
The prosecution alleged that Zamin Adil Bhat was a “highly radicalised individual” who used digital platforms to propagate Islamic State (IS) and ISJK materials to motivate others for “jihad.” Haris Nisar Langoo was accused of being a close associate who facilitated the dissemination of this radical content.
Conversely, the appellants argued that the FIR was vague and did not initially name them. They maintained that no incriminating material was recovered to prove they were members of any proscribed organization or were actively propagating their ideology. They further noted their background as part-time workers at a local restaurant and highlighted Langoo’s deteriorating health, specifically cervical spondylosis, during his time in prison.
In its 29-page judgment, the Delhi High Court distinguished between “ideological alignment” and “operational participation.” Citing Supreme Court precedents, the bench noted that the mere possession of literature or digital content associated with a banned outfit, or even sympathy for a cause, does not automatically constitute active membership or participation in terrorist activities.
The court observed that while the appellants were part of social media groups containing anti-national messages, there were no allegations that they created these groups or shared the “objectionable material” themselves.
“The appellant(s) have already undergone prolonged incarceration of around 4 years and 4 months, without any certainty of the trial concluding within a reasonable time,” the bench stated. It further emphasized that an undertrial prisoner’s health is a “relevant consideration” under Article 21, noting that Langoo’s medical condition had worsened while in custody.
The court concluded that for individuals whose alleged roles are “predominantly digital and non-violent,” and who face a trial with a projected long duration, pre-trial detention must not become “effectively punitive.”
The High Court set aside the trial court’s order and granted bail subject to several “calibrated” conditions intended to protect national security. Both men must furnish personal bail bonds of ₹50,000 with two sureties of the same amount.
Additional conditions include:
- Surrendering their passports and not leaving the country without permission.
- Prohibition from joining any WhatsApp or social media groups where anti-national material is circulated.
- Reporting periodically to the local police station.
- Full cooperation with the trial proceedings.
The bench clarified that the evidence against the appellants would ultimately be tested during the trial, but continued detention at this stage did not serve the ends of justice.
