Delhi HC Refuses to Stay Bail of Khurram Parvez, Irfan Mehraj in NIA Case

The Delhi High Court has declined to stay the Trial Court’s orders granting bail to human rights activist Khurram Parvez and journalist Irfan Mehraj in an NIA case registered under the Unlawful Activities (Prevention) Act, 1967 (UAPA).

However, the Court held that the Trial Court had failed to comply with the mandatory requirement under Section 43D(5) UAPA while granting bail.

A Division Bench of Justice Prathiba M. Singh and Justice Vikas Mahajan observed that the Trial Court did not record any prima facie finding on whether the accusations against the accused were true, as mandated by the statute.

The Bench observed:

“The Trial Court has failed to come to any conclusion in terms of the proviso to Section 43D(5) of the UAPA.”

The Court further noted that the Trial Court had proceeded on the premise that the prosecution case rested primarily on oral evidence, despite the chargesheet containing documentary material.

“A perusal of the chargesheet would show that there is in fact documentary evidence… there ought to have been a discussion in this regard.”

Emphasising that courts dealing with UAPA bail applications must strictly adhere to the statutory framework, the Bench remarked:

“The Trial Court is not a Constitutional Court and ought to… strictly have gone by the mandate of the statute.”

Despite these observations, the High Court refused to suspend the bail orders, holding that it was “not inclined to stay the operation of the impugned orders.” Instead, it imposed additional conditions, including mandatory appearance before the NIA twice every week, restrictions on associating with organisations linked to the allegations, prohibition on participating in public meetings concerning issues related to the case, and a bar on communicating with persons named in the chargesheet.

The Court also directed that the Trial Court’s bail orders dated July 18, 2026, “shall not be cited as a precedent in any other matter” until the appeals are decided.