The High Court of Delhi on Tuesday listed for hearing on August 3, a petition filed by Kashmiri businessman and separatist leader Zahoor Ahmad Shah Watali, challenging the trial court order, which framed charges against him in a terror funding case being investigated by the National Investigation Agency (NIA).
The Division Bench of Justice Siddharth Mridul and Justice Talwant Singh directed the national agency to file its reply on the petition and listed the case along with other connected matters for hearing on August 3.
Earlier on August 23 last year, a Division Bench of the Delhi High Court comprising Justice Mukta Gupta and Justice Anish Dayal had rejected Watali’s appeal against the trial court denying him bail in 2021 on the grounds of Covid-19.
The trial court had observed on May 15, 2021 that there was no question of granting bail to Watali on the grounds of Covid-19. However, the trial court took note of the fact that the Kashmiri businessman was certainly suffering from various ailments, including diabetes, hyperthyroidism and piles.
Later on January 31, 2022, the trial court granted him house arrest at his Gurugram residence for medical treatment.
The High Court had observed that perusal of the status report revealed that Watali was being regularly treated and was also receiving the prescribed medicines. His health was stable and satisfactory, it noted.
The Division Bench extended his house arrest till further orders, directing that Watali be allowed to be taken to hospitals or diagnostic centres for conducting any tests, if recommended.
The High Court had added that God forbid if Watali was admitted to a hospital, the venue of house arrest will be shifted to hospital from his residence.
The Division bench further said that during the period of house arrest, Watali cannot meet anybody except his immediate family members and the lawyer.
Watali is accused of transferring funds received from Lashkar-e-Taiba chief Hafiz Saeed, the Pakistan High Commission in New Delhi, Pakistan’s Inter-Services Intelligence, among others, to Hurriyat leaders.
He is also alleged of acting as a conduit for transfer of funds received from terrorist Hafiz Muhammad Saeed, ISI, Pakistan High Commission, New Delhi.
Another major allegation on Watali is that he has helped Hurriyat leaders/secessionists/terrorists in waging war against the Government of India by repeated attacks on security forces and Government establishments and by damaging public property, including burning schools.
Watali has been charged under Sections 120B, 121 and 121A of the Indian Penal Code and Sections 13, 16, 17, 18, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967.
(Case title: Zahoor Ahmad Shah Watali vs National Investigation Agency)