Delhi High Court dismisses Zahid and Hashim Salahuddin's plea against framing of charges in NIA terror funding case.
Accused face trial under multiple UAPA provisions for alleged hawala-based financing of Hizbul Mujahideen activities.
Court rules sufficient evidence exists to proceed; trial to continue in Special NIA Court.
The Delhi High Court on dismissed a petition filed by Zahid Salahuddin and Hashim Salahuddin, sons of Hizbul Mujahideen chief Syed Salahuddin, challenging the framing of charges against them in a major terror funding case. Justice Amit Mahajan, after hearing arguments from both sides, refused to interfere with the trial court's December 2024 order that had framed charges under Sections 13, 17, 18, 38 and 39 of the Unlawful Activities (Prevention) Act (UAPA) and Sections 120B (criminal conspiracy) and 34 (common intention) of the IPC.
The case, registered by the National Investigation Agency (NIA) in 2019, alleges that the brothers acted as key conduits for channeling funds from Pakistan-based Hizbul Mujahideen operatives to sleeper cells and over-ground workers in Jammu & Kashmir and other parts of India. The chargesheet claims the accused received hawala remittances routed through Dubai and Nepal, which were then used to procure arms, ammunition, and logistics for terrorist activities, including attacks on security forces.
During the high court hearing, senior advocate Siddharth Luthra, representing the petitioners, argued that there was insufficient material to frame charges and that the NIA had relied on vague witness statements and digital evidence without direct corroboration. He sought discharge or quashing of proceedings, contending that the allegations were politically motivated.
Opposing the plea, NIA counsel Akshay Lal submitted that the trial court had applied the twin conditions of Section 43D(5) of UAPA correctly, finding prima facie material to proceed. He highlighted recovered documents, call data records, and statements of protected witnesses that linked the brothers to multiple hawala operators and Pakistan-based handlers.
Justice Mahajan, in his order, observed that the stage of framing charges required only prima facie satisfaction of the offence and not conclusive proof. “The court at this stage is not required to conduct a mini-trial. There is material on record which, if taken at face value, discloses commission of the alleged offences,” the judge noted, dismissing the petition.
The brothers, who have been on bail since 2021, will now face trial before the Special NIA Court at Patiala House. The case is listed for further proceedings in January 2026. Syed Salahuddin, designated a global terrorist by the US in 2017, remains based in Pakistan-occupied Kashmir and heads the United Jihad Council.
