The Supreme Court of India on Friday granted bail to Suhail Ahmad Thokar, an accused arrested in 2021 under the Unlawful Activities (Prevention) Act (UAPA) for his alleged involvement in a Kashmir terror conspiracy case.
A three-judge bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M Pancholi directed Thokar’s release, emphasizing the significant duration he has already spent behind bars and the likelihood of a protracted trial ahead.
Thokar’s release is subject to furnishing a bail bond to the satisfaction of the special National Investigation Agency (NIA) court in Delhi. The apex court’s ruling comes as a challenge to a September 2023 Delhi High Court order that had previously denied him bail.
The Allegations: A Post-Article 370 Conspiracy
The prosecution’s case stems from intelligence reports indicating a broad conspiracy brewing in the Kashmir Valley following the historic abrogation of Article 370 on August 5, 2019, which revoked the special status of the erstwhile state of Jammu and Kashmir.
According to the NIA, proscribed terrorist organizations—including Lashkar-e-Taiba and Hizb-ul-Mujahideen—conspired with Pakistan-based leaders and facilitators to:
- Radicalize local, susceptible youth.
- Recruit “hybrid” terrorists.
- Execute acts of terrorism across the region.
The prosecution specifically accused Thokar of playing an active role in the conspiracy by providing safe haven and critical logistical support to members of these banned terror outfits and their associates.
Legal Tug-of-War: Defense vs. Prosecution
The Supreme Court’s decision marks the culmination of a multi-tiered legal battle. Thokar was originally arrested by authorities on October 20, 2021, under various provisions of the Unlawful Activities (Prevention) Act, 1967, and the erstwhile Indian Penal Code.
His bid for freedom faced repeated hurdles in lower courts:
- January 2023: A trial court denied Thokar bail.
- September 2023: The Delhi High Court upheld the trial court’s decision, dismissing Thokar’s appeal.
During the proceedings before the High Court, Thokar’s defense counsel strongly contested the charges, arguing there was a “conspicuous absence” of any material evidence linking him to a criminal conspiracy. The defense also pointed out that law enforcement had recovered nothing incriminating from Thokar’s possession.
Conversely, the NIA’s counsel vehemently opposed his release, arguing they had successfully established Thokar’s active involvement in coordinating logistical arrangements for active terrorists operating within the Kashmir Valley.
Why the Supreme Court Stepped In
In granting bail, the Supreme Court bench shifted the focus toward the constitutional principles of speedy trial and the rights of the accused during prolonged detention. Observing that Thokar has been in custody since late 2021 and acknowledging that completing the judicial trial will take substantial time, the top court ruled that his continued pre-trial detention was no longer warranted, paving the way for his conditional release.
