Jammu Kashmir HC Denies Bail To Naveed Babu's Brother In Hizb Conspiracy Case Involving Suspended Cop Davinder Singh
Rejecting the argument that prolonged trial justified bail, the court said terror-related offences under the UAPA stood on a different footing.
Published : May 14, 2026 at 4:01 PM IST
Srinagar: The High Court of Jammu & Kashmir and Ladakh has rejected the bail plea of Syed Irfan Ahmad, brother of Hizbul Mujahideen's top terrorist Naveed Mushtaq alias Naveed Babu, in a terror conspiracy case involving suspended Deputy Superintendent of Police Davinder Singh. The court underlined that there was "sufficient prima-facie material" linking him to activities aimed at "waging war against India."
A division bench of justices Sindhu Sharma and Shahzad Azeem dismissed Irfan's appeal against an April 22, 2025 order of the Special Judge for NIA cases in Jammu, which had denied him bail under provisions of the Unlawful Activities (Prevention) Act.
Syed Irfan Ahmad, son of late Syed Mushtaq Ahmad Shah and a resident of Nazneenpora Keegam in Shopian district, had moved the appeal through his mother, Shafiqa Akhter. The respondent in the case was the National Investigation Agency (NIA), Jammu.
The court said Irfan, identified as accused number six in the case, acted as an intermediary between his brother Naveed Babu, advocate Irfan Shafi Mir and suspended police officer Davinder Singh to facilitate terrorist movement and logistical support.
"The appellant has been found to be part of this larger conspiracy and acted as an intermediary, who facilitated the safe movement of A-1 (Hizb terrorist Babu), and other terrorists from Shopian to Jammu in the month of February 2019, for exfiltration to Pakistan with the help of Hizb leadership," the bench said in its 12-page judgment.
The court added that there was "sufficient prima-facie material supporting the raising of funds and their transfer to A-3 (Davinder Singh) for their safe passage."
According to the judgment, the NIA case involves allegations of terror funding, arms smuggling, harbouring terrorists and conspiracy to wage war against the Government of India. Irfan and 10 co-accused were chargesheeted under multiple provisions of the IPC and UAPA.
The bench noted that investigation material showed Irfan was in regular contact with the co-accused through hundreds of phone calls and was allegedly involved in arranging safe passage and support for militants. "The call detail records prima-facie show that the appellant made hundreds of calls to A-1, A-2 & A-3 (Irfan Shafi Mir) as a part of the conspiracy to supply arms/ammunition, to harbour militants and to wage war against India,” the court observed.
Rejecting the argument that the prolonged trial justified bail, the court said terror-related offences under the UAPA stood on a different footing. “In Gurwinder Singh Versus State of Punjab and Ors., the Hon’ble Supreme Court held that the conventional principle that ‘bail is the rule, jail is the exception’ does not apply under UAPA,” the bench said.
The court also pulled up the appellant for approaching the trial court with what it described as “twisted facts” while his appeal was pending before the High Court. “This amounts to abuse of the process of the Court and forum shopping. By such conduct, the appellant is disentitled to the discretionary relief,” the bench said. The judges further observed, “The indulgence at this stage is not only premature but also is unwarranted.”
Irfan had sought bail claiming that the trial was moving slowly, that no incriminating material was recovered from him and that he was a government employee and PhD scholar with a clean past record. He had also cited health grounds and sought transfer from Karnal jail in Haryana to a jail in Jammu & Kashmir. The court, however, relied on a medical report stating that the ailment involved a minor surgical procedure that “does not require attendant”.
The case stems from the January 2020 arrest of Hizbul Mujahideen terrorists Syed Naveed Mushtaq and Rafi Ahmad Rather, suspended DySP Davinder Singh, and advocate Irfan Shafi Mir, after their vehicle was intercepted in Kulgam while allegedly travelling toward Jammu. Investigators later alleged that Singh had helped terrorists with transport, shelter and logistical support.
Naveed Babu was recruited as a constable in Jammu and Kashmir Police in 2012. In 2017, he fled with four rifles from the guard room of an FCI facility in Chandpora area of Budgam district, and subsequently joined Hizbul Mujahideen in the same year. The NIA later accused him of involvement in the September 28, 2018 weapon snatching incident at a legislator’s residence in Srinagar. Singh was suspended following his arrest, and the NIA subsequently chargesheeted multiple accused in the conspiracy case.
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