Delhi High Court on Tuesday dismissed the petition filed by terror funding case accused Naval Kishor Kapoor challenging trial court's cognisance taken against him based on a supplementary charge sheet.
Kapoor, a UAE-based businessman, is an accused in a terror funding case involving Hafiz Saeed and Syed Shalauddin and is being investigated by the National investigation agency (NIA).
The businessman had challenged the trial court cognizance taken against him for the offences punishable under Sections 120-B of the Indian Penal Code (IPC) and Sections 17 and 21 of the Unlawful Activities (Prevention) Act (UAPA) on a supplementary charge sheet filed on January 22 this year.
Kapoor, through his petition, had contended that the trial court failed to take note of the fact that no fresh material was filed by the NIA while submitting the supplementary charge sheet.
He had alleged that the agency "deliberately and knowingly" suppressed material evidence and wrongly linked him with the accused Zahoor Ahmad Shah Watali of aiding and abetting the flow of funds to channelise it for separatists in Kashmir Valley.
However, NIA's special public prosecutor Siddharth Luthra argued that the petition has been filed with an ulterior motive to delay the proceedings and Kapoor in connivance with his business partner Watali has actively participated in the alleged offense.
The investigation agency further revealed that the secessionists were primarily dependant on hawala network and conduits to bring money from off-shore locations to India, to fuel anti-India activities in Jammu and Kashmir.
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It was found that Watali was one such conduit and incriminating documents were seized from the house of his cashier-cum-accountant Ghulam Mohammad Bhatt indicating that he was receiving foreign contribution from Pakistani establishments and terror organisations and their further remittance to the Hurriyat leaders and secessionists of Jammu and Kashmir, which points towards the fact that he was an active channel to transmit funds from abroad to India to fuel secessionists activities and to wage a war against the Government of India.
In January 2018, the NIA chargesheeted several aides of separatist leaders of Kashmir along with Pakistan-based terrorist Hafiz Saeed, Syed Shalauddin in an alleged terror funding in the Kashmir valley.
Zahoor Watali was arrested in the case in August 2017 and Kapoor was held in July 2018.