The Delhi High Court on Tuesday rejected a default bail plea filed by Jasir Bilal Wani, an alleged co-conspirator in the Red Fort bombing case, ruling that statutory investigation timelines under anti-terror legislation remain valid despite recent legislative updates to criminal procedure laws.
A division bench consisting of Justice Prathiba M. Singh and Justice Vikas Mahajan dismissed Wani’s appeal against a March 30 trial court order that had turned down his application. The bench observed that the lack of an explicit reference to Section 187 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) within Section 43D of the Unlawful Activities (Prevention) Act (UAPA) does not automatically entitle an accused to default bail after 90 days. Applying Section 8(1) of the General Clauses Act, the court clarified that earlier statutory references to Section 167 of the Code of Criminal Procedure (CrPC) must be interpreted as corresponding to Section 187 of the BNSS.
Legal Remedies and Procedural Standing
While turning down his prayer for default bail on technical grounds, the high court noted that Wani retains the right to seek alternative legal remedies available under the law. A detailed copy of the judgment remains awaited.
Investigation and Alleged Role
Wani, a student at Government Degree College Levodara in Kulgam, Jammu and Kashmir, was initially detained alongside his uncle in Qazigund, Anantnag district, by local police. He was formally arrested and transferred to the National Investigation Agency (NIA) in November last year. Federal investigators allege that Wani rendered technical assistance to the terror module by altering drones and attempting to fabricate rockets prior to the blast.
Terror Module Connections
According to investigative records, Wani lived near brothers Adil and Muzaffar Rather, two medical doctors implicated in the terror network behind the attack. Authorities believe Muzaffar Rather currently resides in Afghanistan, while Adil Rather was apprehended in Saharanpur, Uttar Pradesh.
