The Delhi High Court on Tuesday refused to stay a trial court order granting bail to Kashmiri human rights activist Khurram Parvez and freelance journalist Irfan Mehraj in a 2020 anti-terror case, clearing the way for their release.
The court declined the National Investigation Agency’s request to pause the July 18 relief granted by the lower court, electing instead to place further restrictions on both individuals while they remain on bail under the Unlawful Activities (Prevention) Act.
Additional Restrictions Imposed by High Court
While allowing the release to proceed, the High Court introduced several additional requirements. Under the new conditions, Parvez and Mehraj must report to the National Investigation Agency headquarters in New Delhi twice each week.
The court also prohibited them from engaging in activities similar to those that led to the charges against them and barred them from participating in or associating with any groups or organizations connected to the case. Furthermore, the two men are restrained from distributing or publishing any posts, handbills, posters, or banners in any format.
Addressing the trial court’s decision, the High Court made a preliminary observation stating that the lower tribunal should have evaluated the evidence in its bail order. However, given that the release was ordered subject to various conditions, the bench concluded that a stay on the bail order was not warranted.
NIA Contentions and Security Concerns
The decision came after legal counsel representing the National Investigation Agency sought an immediate stay on the trial court’s decision.
The agency argued that the allegations involve grave offences and cautioned that releasing Parvez and Mehraj could cause serious detriment to national security.
Detention Timeline and Prior Legal Relief
At the time of the ruling, Parvez had spent four years and eight months in custody, while Mehraj had been imprisoned for three years and four months.
The order follows a separate legal development last month, when the Delhi High Court granted Parvez bail in a distinct 2021 Unlawful Activities (Prevention) Act case registered by the central agency. In that matter, the court directed him to remain within the National Capital Territory of Delhi unless granted judicial permission to travel, and ordered him not to upload, share, or circulate any material deemed anti-national on social media or other channels.
Background of the 2020 Terror Funding Case
The central investigative agency originally arrested Parvez in November 2021 on charges that included criminal conspiracy, waging war against the State, and raising funds for terrorist activities. In March 2023, while already in custody, he was formally placed under arrest in connection with the 2020 terror funding investigation.
Although Parvez was not named in the initial 2020 First Information Report, investigators subsequently implicated him in the matter. The case centers on allegations that non-governmental organizations diverted funds intended for charitable work toward secessionist and separatist activities in Jammu and Kashmir.
Parvez served as the coordinator for the Jammu & Kashmir Coalition of Civil Society, an umbrella organization of civil society groups focused on documenting human rights abuses in the region, including illegal detentions, torture, extra-judicial executions, and enforced disappearances. Mehraj, a researcher with the civil society group and a close associate of Parvez, was arrested in March 2023.
