The appeal filed by Kashmiri businessman Zahoor Ahmad Shah Watali challenging the Trial Court order denying him bail last year on the ground of COVID-19, in connection with a terror funding case was
dismissed by the the Delhi High Court on Tuesday.
Business Watali had challenged the order passed by Trial Court dated 15th May 2021 where he was denied bail as the court concluded that there was no question of granting bail to him on the ground of COVID-19, in connection with a terror funding case.
The Trial Court however took note of the fact that the businessman was certainly suffering from various ailments including diabetes, hyperthyroidism, piles etc.On 31st January 2022, the Trial Court ordered that till further orders, the businessman can be kept under house arrest at his Gurugram residence for his medical treatment.
A division bench comprising of Justice Mukta Gupta and Justice Anish Dayal today ,in a hearing observed that perusal of the status report reveals that Watali has been regularly treated and has also receiving prescribed medicines . His health is stable and satisfactory as well.
Keeping in mind the fact that Covid has yet not been eradicated completely,said that that till further orders, Watali be put under house arrest in his Gurugram residence wherefrom he will be allowed to be taken to hospitals or diagnostic centres for conducting any tests, if recommended, however his appeal was rejected.
The Court added that God forbid if Watali is admitted to a hospital, the venue of house arrest will be shifted to hospital from his residence.The Court further added that during the period of house arrest, Watali cannot meet anybody except immediate family members and the lawyer.
The Bench however orally told Watali’s counsel that he may move the Trial Court for grant of regular bail or may challenge the order as per law.
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 the 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 etc. Watali has been charged under Sections 120B, 121 and 121A of Indian Penal Code and Sections 13,16,17,18,20,38,39 and 40 of the Unlawful Activities (Prevention) Act, 1967