(Blurb) Arrested in 2018, 72-year-old accused of facilitating key role in movement of funds intended for separatist activities
The Supreme Court has granted bail to UAE-based businessman Naval Kishore Kapoor, an accused in the Kashmir terror funding case involving Pakistan-based Lashkar-e-Taiba chief Hafiz Muhammad Saeed and Kashmiri businessman Zahoor Ahmad Shah Watali, noting that he is over 72 years old and has spent more than eight years in custody, while the trial is unlikely to conclude in the near future.
A bench of justices Vikram Nath and Sandeep Mehta took note of the prolonged incarceration of Kapoor, who was arrested on July 26, 2018, and observed that the trial appeared to be far from getting over in the near future owing to large number of witnesses. The Supreme Court’s order came despite the stringent bail provisions under the Unlawful Activities (Prevention) Act (UAPA).
The court, in its order on Tuesday, added that it will be open for the prosecution and the trial court to seek recall of the bail order in case Kapoor attempts to delay the trial. Senior advocate Shadan Farasat appeared for Kapoor, while senior counsel Sidharth Luthra represented the National Investigation Agency (NIA).
Kapoor was charged in January 2019 for conspiracy under the Indian Penal Code and terror funding under the UAPA. He is accused of being part of a larger conspiracy to raise and channel funds to separatist and militant groups in Jammu and Kashmir.
The case arises out of an investigation ordered by the Ministry of Home Affairs in May 2017, after the government received information that Saeed and other separatist leaders were allegedly involved in raising, collecting and distributing funds for terrorist activities in Kashmir. NIA alleged that the funds were brought into India through hawala networks and other illegal channels to finance violent protests, stone pelting, arson and destruction of public property.
The prosecution alleged that Kapoor played a crucial role in facilitating the movement of funds intended for separatist and terrorist activities. According to NIA, he facilitated the transfer of ₹2.24 crore through NZ International FZC, Dubai, a company in which he was a partner with Watali, who was alleged to have acted as a financial conduit for disbursing funds to Hurriyat leaders and militant groups in Kashmir.