National Investigating Agency vs Irfan Mehraz
- Court
- Delhi High Court
$~36 & 37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of decision: 21 July, 2026
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Uploaded on: 21 July, 2026
+ CRL.A. 663/2026 and CRL.M.A. 21128/2026
NATIONAL INVESTIGATION AGENCY .....Appellant
Through: Mr. Madhav Khurana, Sr. Adv. with
Ms. Trisha Mittal, Mr. Amit Badesra,
Ms. Kashvi Bansal and Ms. Aparna
Sharma, Advs. along with Mr. Prabhat
Bajpai, ASP, NIA, Mr. Lokesh Singh,
PO.
versus
KHURRAM PARVEZ .....Respondent
Through: Mr. Tanveer Ahmed, Sr. Adv. with
Ms. Swati Khanna, Ms. Raminder
Kaur, Mr. Imran Ahmad, Mr. Kartik
Venu and Mr. Mohd. Yasin, Advs.
+ CRL.A. 664/2026 and CRL.M.A. 21134/2026
NATIONAL INVESTIGATING AGENCY .....Appellant
Through: Mr. Madhav Khurana, Sr. Adv. with
Ms. Trisha Mittal, Mr. Amit Badesra,
Ms. Kashvi Bansal and Ms. Aparna
Sharma, Advs. along with Mr. Prabhat
Bajpai, ASP, NIA, Mr. Lokesh Singh,
PO.
versus
IRFAN MEHRAZ .....Respondent
Through: Mr. Rajat Kumar, Mr. Jawahar Raja
and Ms. Aditi, Advs.
Signature Not Verified
Signed By:DEVANSHU
JOSHI
Signing Date:21.07.2026
20:27:50
CRL.A. 663/2026 & CRL.A. 664/2026 Page 1 of 12
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE VIKAS MAHAJAN
Prathiba M. Singh, J. (Oral)
1 . This hearing has been done through hybrid mode.
CRL.M.A. 21137/2026 in CRL.A. 663/2026
CRL.M.A. 21133/2026 in CRL.A. 664/2026
2. These are the applications seeking permission to file lengthy synopsis
and list of dates.
3. For the reasons mentioned in the applications, the same are allowed.
4. The applications are disposed of.
CRL.A. 663/2026 and CRL.M.A. 21128/2026 (for interim relief)
CRL.A. 664/2026 and CRL.M.A. 21134/2026 (for interim relief)
5. These are two appeals filed by the National Investigation Agency
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(NIA) challenging the impugned orders dated 18 July, 2026 passed by the
ld. Principal District & Sessions Judge, Patiala House Courts, New Delhi in
NIA No. 8/2023 arising out of FIR No. RC No. 37/2020/NIA/DLI dated 8th
October, 2020 registered at P.S. NIA, New Delhi.
6. Vide the impugned orders the Respondents i.e., Khurram Parvez and
Irfan Mehraj, have been granted bail subject to certain conditions.
7. The case arises out of FIR No. RC No. 37/2020/NIA/DLI registered
for offences punishable under Section 120B and 124A of IPC & Sections 17,
18, 22A, 22C, 38, 39 & 40 of UAPA, 1967. The Respondents - Khurram
Parvez and Irfan Mehraj are Accused No.1 and Accused No.2, respectively,
in the chargesheet filed on 15th September, 2023. Accused No. 3 is one,
Signature Not Verified
Signed By:DEVANSHU
JOSHI
Signing Date:21.07.2026
20:27:50
CRL.A. 663/2026 & CRL.A. 664/2026 Page 2 of 12
Ghulam Hassan Bana who is absconding.
8. The allegations in the chargesheet filed by the NIA are that the
Respondents are part of an organization called as Jammu & Kashmir Coalition
of Civil Society (JKCCS), which claims to be a civil society organization or
an NGO. For the sake of completeness, some of the allegations raised in the
chargesheet against the Respondents are summarised hereunder:
(i) Accused No. 1 acted as the Program Coordinator of JKCCS, an
unregistered NGO. The said NGO is also not registered under the
Foreign Contribution (Regulation) Act, 2010.
(ii) Accused No. 1 misused his NGO position, under the cover of human
rights reporting, to organize secessionist programs/events and
publish fabricated narratives to spread disaffection, hatred and
enmity against the Indian State.
(iii) Accused No. 1 connived with proscribed terrorist organization,
Hizbul Mujahideen commanders, including absconding Accused
No. 3 - Ghulam Hassan Bana, their frontal organization Jammu &
Kashmir Affectees Relief Trust (JKART) and Inter-Services-
Intelligence, Pakistan to raise illegal foreign funding.
(iv) Accused No. 1 routed funds through a complex financial network
and distributed to families of active/killed Hizbul Mujahideen
cadres under financial support schemes. The fact that such
payments were being made is evident from documents depicting
payments with the code names of persons of terrorists to whom
money was being paid.
(v) Accused No. 1 received foreign funds sponsored by Accused No. 3
and ISI to support Hizbul Mujahideen’s on-ground activities in
Signature Not Verified
Signed By:DEVANSHU
JOSHI
Signing Date:21.07.2026
20:27:50
CRL.A. 663/2026 & CRL.A. 664/2026 Page 3 of 12
Kashmir.
(vi) Accused No. 1 facilitated recruitment of local youths into terrorist
ranks by arranging their travel to Pakistan.
(vii) JKCCS organized many programs and events supporting secession
of Kashmir. Persons who attended the programs also included
members from Jammu & Kashmir Liberation Front Dukhtaran-e-
Millat (DeM) etc. which are both banned terrorist outfits;
(viii) Accused No. 1 is alleged to have met Hizbul Mujahideen designated
terrorist Syed Sallahuddin. He met various other terror organization
including Al-Badr , Lashkar-e-Toiba (LeT), All Party Hurriyat
Conference (APHC), Pakistan Occupied Kashmir Faction and
APHC (PoK) convenor - Farooq Rehmani.
(ix) Accused No. 2 worked as researcher-volunteer with JKCCS from
early 2016 and is described as a close associate of Accused No. 1.
(x) Accused No. 2 is a part of the larger conspiracy promoting the
secessionist agenda for Kashmir.
(xi) Accused No. 2 was in contact with Hizbul Mujahideen
commanders including Accused No. 3 and other ISI-affiliated
individuals.
(xii) Accused No. 2 is associated with several international NGOs said
to promote Kashmir's secession.
(xiii) Accused No. 2 allegedly played a pivotal role in instigating youth
toward stone-pelting, on directions from Accused No. 1, who was
working on the APHC's broader agenda.
Signature Not Verified
Signed By:DEVANSHU
JOSHI
Signing Date:21.07.2026
20:27:50
CRL.A. 663/2026 & CRL.A. 664/2026 Page 4 of 12
(xiv) Accused No. 2 assisted Accused No. 1 in receiving funds from the
Kashmiri diaspora and from Accused No. 3.
(xv) Accused No. 2 was involved in distributing these funds to stone-
pelters, Hizbul Mujahideen Over-Ground Workers, and families of
killed terrorists as compensation for allegiance.
9. The brief facts leading to the present appeals are that both the
Respondents had applied for regular bail before the ld. Trial Court under
Section 439 of Cr.P.C. read with Section 43D of the UAPA. The said bail
applications have been decided by the ld. Trial Court and vide the impugned
orders, regular bail has been granted to the Respondents by imposing several
conditions in the following terms:
“107. In view of the above facts and circumstances, the
application filed by the applicant/accused Khurram
Parvez (A-1) for grant of bail is allowed. The
applicant/accused Khurram Parvez (A1) is ordered to be
released on bail on the following terms and conditions:
(a) The applicant/accused shall execute a personal
bond in the sum of Rs. 2,00,000/- with two sureties in the
like amount;
(b) The applicant/accused shall surrender his
passport, if any, before this Court. If he does not hold a
passport, an affidavit to that effect shall be filed by him
before this Court;
(c) The applicant/accused shall not leave the
National Capital Territory of Delhi without prior
permission of this Court. Any application seeking
permission to travel shall disclose the destination,
duration, purpose of travel and complete contact details
during such travel;
Signature Not Verified
Signed By:DEVANSHU
JOSHI
Signing Date:21.07.2026
20:27:50
CRL.A. 663/2026 & CRL.A. 664/2026 Page 5 of 12
(d) The applicant/accused shall only use one mobile
phone and/or landline number during the course of the
trial, which shall always be kept in the switch-on mode.
He shall furnish his current residential address, the
mobile/landline number and his e-mail address to the
Investigating Officer and to this Court. He shall not
change his residence or contact particulars without
giving at least seven days' prior intimation to the
Investigating Officer and to this Court;
(e) The applicant/accused shall appear before this
Court on each date of hearing, unless exempted from such
appearance;
(f) The applicant/accused shall not exhibit any conduct
that has the effect of delaying the proceedings;
(g) The applicant/accused shall not directly or
indirectly contact, influence, threaten or communicate
with any prosecution witness, protected witness,
complainant or person acquainted with the facts of the
case. He shall not tamper with evidence, electronic
material, records, devices or documents relating to the
case;
(h) The applicant/accused shall not make any public
statement, including through print, electronic media or
social media, touching upon the merits of the case, the
evidence, the witnesses or the pending trial;
(i) The applicant/accused shall not participate in
any activity which may prejudice public order or the
integrity of the trial;
(j) The applicant/accused shall not upload / share /
disseminate or circulate any anti-national material on
any social media platform or otherwise;
Signature Not Verified
Signed By:DEVANSHU
JOSHI
Signing Date:21.07.2026
20:27:50
CRL.A. 663/2026 & CRL.A. 664/2026 Page 6 of 12
(k) The applicant/accused shall report to the
Investigating Officer once every fortnight, or at such
interval as may be directed by this Court. The
Investigating Officer shall maintain a separate register of
attendance with respect to the accused;
(l) In the event of breach of any condition, it shall
be open to the prosecution to seek cancellation of bail
before the appropriate court.”
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10. The said order is stated to have been pronounced on Saturday, 18 July,
2026 and thereafter these appeals have been filed by the NIA.
11. Yesterday i.e., on Monday, 20th July, 2026, these matters were urgently
mentioned by the NIA and the same were listed before this Court for
consideration. The submissions of both parties were partly heard on the
interim relief for stay of the impugned orders sought by the NIA.
12. The submission of Mr. Madhav Khurana, ld. Senior Counsel along with
Ms. Trisha Mittal, ld. Counsel for the NIA is that the ld. Trial Court has not
made any observation or arrived at any finding in terms of Section 43D(5) of
the UAPA which requires the ld. Trial Court to come to a prima facie
conclusion as to whether the accusations are true or not.
13. It is their submission that the ld. Trial Court has simply proceeded to
granting bail primarily on the basis of the fact that the trial is at an early stage
and the allegations are only based on oral testimony. In absence of any finding
in terms of the proviso under Section 43D(5) of the UAPA, it is argued that
the impugned orders are untenable.
14. It is also impressed upon the Court that both the Respondents are
involved in extremely serious offences as is evident from the chargesheet
Signature Not Verified
Signed By:DEVANSHU
JOSHI
Signing Date:21.07.2026
20:27:50
CRL.A. 663/2026 & CRL.A. 664/2026 Page 7 of 12
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dated 15 September, 2023. It is stressed by the ld. Senior Counsel that
considering the nature of allegations against the Respondents their release on
bail would be contrary to national interest and could also seriously jeopardize
national security.
15. On the other hand, Mr. Tanveer Ahmed Mir, ld. Senior Counsel and
Mr. Jawahar Raja, ld. Counsel for the Respondents have submitted that upon
the bail order being issued the Respondents are entitled to be released on bail
immediately. It is further alleged that it is only under exceptional
circumstances that when the bail order is manifestly perverse and mechanical
that this Court ought to interfere with the same.
16. It is submitted that the ld. Trial Court has considered all the allegations
against the Respondents and has only thereafter granted bail to the
Respondents that too under stringent conditions.
17. Mr. Mir, ld. Senior Counsel further submits that once the Respondents
have already submitted the bail bonds and the sureties, the non-release of the
Respondents would also be contrary to law. Accordingly, it is submitted that
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the mere verification of bail bonds being adjourned to tomorrow i.e. 22 July,
2026 cannot attract the prayer for interim relief at the behest of the NIA of
holding back their release.
18. Ld. Senior Counsel has also placed reliance upon the decision of the
Co-ordinate Bench of this Court in CRL.A. 1234/2024 titled Khuram Parvez
vs. National Investigation Agency, arising out of FIR No. RC No.
30/2021/NIA/DLI where the Respondent - Khurram Parvez has already
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granted bail on 10 June, 2026. It is submitted that the allegations in the said
FIR are overlapping with the present case and till date the NIA has not
challenged the said order granting bail.
Signature Not Verified
Signed By:DEVANSHU
JOSHI
Signing Date:21.07.2026
20:27:50
CRL.A. 663/2026 & CRL.A. 664/2026 Page 8 of 12
19. Heard. The Court has considered the matter. On 20th July, 2026 after
considering the submissions of the parties notice was issued in the present
appeals.
20. The Court has now perused the charge sheet as also the judgement of
the Trial Court which clearly reveals that the ld. Trial Court has failed to come
to any conclusion in terms of the proviso to Section 43D(5) of the UAPA, as
to the innocence or otherwise of the Respondents. The main finding of the ld.
Trial Court in the respective impugned orders reads as under:
Impugned Order in CRL.A. 663/2026
“96. Accused Khurram Parvez is in judicial custody
in this case since 22.03.2023. The allegation attributed
by NIA in the instant case are mainly based upon oral
testimony of the witnesses recorded by the
Prosecution/NIA, veracity of which shall be tested
during the trial, which definitely would take longer time
as the charges against accused persons have not been
framed yet.”
Impugned Order in CRL.A. 664/2026
“87. The allegation attributed by the NIA against
accused Irfan Mehraj are mainly based upon testimony
of oral witnesses, whose authenticity shall be tested
during the trial. Also, that accused is in custody since the
date of his arrest in the present case i.e. 20.03.2023 and
there is no possibility of conclusion of trial in near
future, as the charges against the accused persons have
not yet been framed. Also, that accused Irfan Mchraj had
joined the investigation on each and every occasion,
whenever he was called before he was arrested on
20.03.2023. Thus, there is no possibility that the accused
shall flee from justice and shall not face the trial.”
Signature Not Verified
Signed By:DEVANSHU
JOSHI
Signing Date:21.07.2026
20:27:50
CRL.A. 663/2026 & CRL.A. 664/2026 Page 9 of 12
21. Thus, the trial court’s reasoning is two-pronged i.e.,
• that the evidence is based on oral testimony and
• further that the trial is likely to be delayed further, as charges are yet to
be framed in the matter.
However, a perusal of the chargesheet would show that there is in fact
documentary evidence which is relied upon by the NIA. Therefore, there
ought to have been a discussion in this regard in the impugned orders. The ld.
Trial Court is not a Constitutional Court and ought to, in the prima facie
opinion of this Court, strictly have gone by the mandate of the statute.
22. Under these circumstances, at the stage of granting bail, this Court
would have to consider the mandate of Section 43D(5) of the UAPA and reach
a prima facie finding on the allegations raised by the NIA. However, since the
impugned orders are orders where bail has been granted by the ld. Trial Court
and various conditions have been imposed, this Court is not inclined to stay
the operation of the impugned orders.
23. Bearing in mind the serious nature of allegations against the
Respondents, without opining on the merits of the matter, at this stage, this
Court deems fit to impose the following further conditions for bail:
(i) The accused shall report to Mr. Prabhat Kumar Bajpai, Chief
Investigating Officer (IO) at the NIA Headquarters, Lodhi Road,
twice a week, i.e. , on every Tuesday and Friday at 11:00 A.M. and
after completion of all formalities the accused shall be discharged
by 12:00 noon. The IO shall maintain a separate register of
attendance with respect to the accused.
(ii) The accused shall not indulge in any activity similar to the activities
on the basis of which the present RC No. 37/2020/NIA/DLI stood
Signature Not Verified
Signed By:DEVANSHU
JOSHI
Signing Date:21.07.2026
20:27:50
CRL.A. 663/2026 & CRL.A. 664/2026 Page 10 of 12
registered against them under the UAPA and IPC nor shall they
associate with or participate in the activities of any group or
organisation linked to the subject matter of the present RC,
including but not limited to the Jammu & Kashmir Coalition of
Civil Societies.
(iii) The accused shall not participate in any programme or address or
attend any gathering, rally or meeting pertaining to issues similar
to the pending case, whether physically or virtually till conclusion
of the trial.
(iv) The accused shall not circulate any post, literature either in
electronic form or physical form or circulate any hand bills, posters,
banners, etc. in any form whatsoever.
(v) The accused shall not try to establish any communication with co-
accused or any other person named in the materials forming part of
the present record or involved directly or indirectly in similar
activities or make any international call to any person indulging in
similar activities as alleged against him, through any mode of
communication.
(vi) The accused shall be free to interact with close relatives and family
members, however, they shall not indulge in any communication
or meetings with any persons/organisations, directly or indirectly,
named in the chargesheet in RC-37/2020/NIA/DLI.
24. It is made clear that the above conditions are in addition to the
conditions imposed by the ld. Trial Court in the respective impugned orders.
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25. The impugned orders dated 18 July, 2026 shall not be cited as a
Signature Not Verified
Signed By:DEVANSHU
JOSHI
Signing Date:21.07.2026
20:27:50
CRL.A. 663/2026 & CRL.A. 664/2026 Page 11 of 12
precedent in any other matter as the same are under consideration by this
Court.
26. Let reply be filed by the Respondents within two weeks. Rejoinder
thereto, if any, be filed within two weeks thereafter.
27. Let the electronic copy of the TCR be requisitioned. Upon the same
being requisitioned, ld. Counsel for the parties shall obtain the same, upon
request, for assistance of this Court.
28. It is made clear that the proceedings before the Trial Court shall
continue.
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29. List on 24 August, 2026.
30. Dasti .
PRATHIBA M. SINGH
JUDGE
VIKAS MAHAJAN
JUDGE
JULY 21, 2026
aj/msh
Signature Not Verified
Signed By:DEVANSHU
JOSHI
Signing Date:21.07.2026
20:27:50
CRL.A. 663/2026 & CRL.A. 664/2026 Page 12 of 12