Delhi HC allows custodial parole to terror accused for accompanying wife during surgery

The Delhi High Court on Friday allowed custodial parole to a man, arrested by the National Investigation Agency (NIA) in connection with Falah-i-Insaniyat Foundation (FIF) terror funding case, to accompany his wife undergoing a surgery.

A division bench of Justice JR Midha and Justice Brijesh Sethi allowed custody parole to Mohammad Hussain Molani for six hours, excluding the time of journey, on the date of the operation of his wife so that he can meet her and be with her.

“The court is of the opinion that though no case for interim bail is made out, however in the interest of justice if the wife of the appellant undergoes surgery, the appellant is allowed custody parole for six hours (excluding the time of journey) on the date of operation of his wife so that he can meet her and be with her at the time of operation whenever the date for surgery is fixed by the doctors, which shall be verified by the trial court,” the bench observed.

The High Court also directed the NIA to ensure police officers are deputed with him while the appellant is out of jail during the custody parole.

Molani had through advocates Tanvir Ahmad Mir and Prabhav Ralli approached the Delhi High Court for interim bail for a month for his wife’s surgery after a special NIA court dismissed his plea for the same.

His advocates submitted that the appellant’s wife has been advised by a gynecologist to undergo surgery for removal of fibroid/tumor in her uterus and hysterectomy might also be required to be done, therefore, prayed that the trial court order is set aside and the appellant is granted interim bail for a period of at least 30 days in order to organize the funds, prepare his wife for surgery, accompany her at the time of surgery and to organize the supply of blood and other ancillary activities related to surgery.

The defence counsels had submitted that Molani is a law-abiding citizen who responded to the notice issued by the NIA and had voluntarily come back to India, upon which he was attested at the airport. It was further argued that the alleged role of Molani was only in the nature of a conduit as he had no knowledge about the remittance or its acceptance and its purpose.

Special public prosecutor advocate Amit Sharma, appearing for the NIA, had opposed the appeal and submitted that that trial court has rightly dismissed the interim bail application of the appellant.

Sharma had also submitted that in the absence of the appellant, father, mother two brothers, and two sisters of the appellant are there to take care of his wife. It was also submitted that the appellant is involved in a serious offense.

According to the NIA, Mohd Hussain Molani, a Dubai based Hawala operator, had allegedly transferred funds on various occasions to his maternal uncle Mohmmad Salim and further directed him to transfer the hawala funds to Mohd Salman and others in India as per the instructions of Dubai based Pakistani National, Mohammad Kamran, who in turn is connected with Shahid Mehmood, Deputy Chief of Falah-i-Insaniyat Foundation (FIF), Pakistan, which is a front NGO of terror group LeT and a proscribed terrorist organization under the UA(P) Act.

Sharma also submitted that there is a possibility that if the accused is granted interim bail, he may flee from the territory of India with the help of the network base of terrorists and sleeper cells active in India and operating as per the instructions of the top leadership of Falah-i-lnsaniyat Foundation (FIF), a proscribed terrorist organization and a frontal organization of internationally designated and proscribed terrorist organizations Jamaat-ud-Dawah (JuD) and Lashkar-e-Taiba (LeT), established by terrorist Hafiz Saeed.

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