Supreme Court Grants Temporary Relief
The Supreme Court granted Irfan Nasir @ Irfi interim bail for 10 days from September 11, 2026. The Supreme Court Interim Bail order came after the bench considered his 5-year and 11-month incarceration. Nasir sought temporary release to support his family while his brother undergoes surgery.
A Division Bench of Justice M.M. Sundresh and Justice Augustine George Masih passed the order in Irfan Nasir @ Irfi v. National Investigation Agency. The matter arose from Special Leave to Appeal (Crl.) No. 4829/2026.
Nasir told the Court that his brother requires surgical treatment. Moreover, he said his family would need his assistance during that period.
While granting limited relief, the bench observed:
“The fact remains that the child has been suffering from the ailment from quite some time. The petitioner wants to be with his child and mother as the brother has to undergo surgery. Add to it the fact that he has been incarcerated for 5 years and 11 months. We grant him interim bail for 10 days from 11th September.”
Defence Cites Family Medical Circumstances
Senior Advocate Siddharth Dave appeared for Nasir. He told the Court that Nasir’s brother suffers from a kidney ailment and requires surgery.
According to Dave, the brother currently cares for Nasir’s mother and hearing-impaired child. Therefore, the surgery would leave the family without adequate support.
Dave also highlighted Nasir’s prolonged incarceration. Nasir has remained in custody as an undertrial since October 2020. During this period, he has not secured bail even once.
The petitioner initially sought interim bail for one month. His regular bail application is expected to come up for hearing in October.
Nasir also addressed the Court personally. He explained that he needed temporary relief only to handle the family emergency. Furthermore, he assured the bench that he would surrender after the interim bail period.
NIA Opposes Interim Bail Plea
However, the National Investigation Agency opposed Nasir’s request.
The agency argued that the child’s hearing disability was a long-standing condition. Therefore, according to the NIA, it did not require immediate intervention.
The agency also submitted that Nasir’s mother did not require urgent medical treatment. In addition, it pointed out that Nasir’s brother lived separately.
Justice Sundresh acknowledged that the circumstances did not justify a one-month release. Nevertheless, the bench considered Nasir’s nearly six years of continuous custody.
Consequently, the Court granted him temporary relief for 10 days. The Supreme Court Interim Bail decision therefore balanced his prolonged incarceration with his immediate family obligations.
NIA Case and Alleged Syria Conspiracy
The case arose from an investigation into alleged links with the Islamic State Khorasan Province (ISKP).
Authorities apprehended two individuals on March 8, 2020, over suspected ISKP links. Subsequently, investigators arrested another accused, Abdur Rehman alias Dr. Brave, on March 17, 2020.
According to the prosecution, Rehman disclosed information about a pro-ISIS module operating in Bengaluru.
The NIA alleged that the module radicalised and recruited local youths. It also accused the group of raising terror funds. Moreover, investigators alleged that the module facilitated travel to Syria through Turkey to join ISIS forces.
Following directions from the Union Ministry of Home Affairs, the NIA registered the case on September 19, 2020.
NIA Arrests Nasir and Files Chargesheet
Investigators arrested Nasir on October 7, 2020. They also conducted searches at his residence.
According to the NIA, the searches produced physical and digital evidence, including a diary.
The agency later filed a chargesheet against Nasir under several provisions of the Indian Penal Code and UAPA.
Under the IPC, the NIA invoked Section 120B for criminal conspiracy. It also invoked Section 125, which concerns waging war against an Asiatic Power allied with India.
Additionally, the agency invoked Sections 17, 18 and 18B of the Unlawful Activities (Prevention) Act. These provisions relate to terror funding, conspiracy and recruitment for terrorist acts.
Special NIA Court Rejects Bail
Earlier, Nasir approached the Special NIA Court for bail. However, the court rejected his application.
The Special Court found a prima facie case against him. It also applied the statutory restriction under Section 43D(5) of the UAPA.
Nasir subsequently challenged that decision before the Karnataka High Court.
Karnataka High Court Dismisses Appeal
In February 2026, the Karnataka High Court dismissed Nasir’s appeal.
Nasir argued that authorities had not supplied him with written grounds of arrest. Therefore, he challenged the legality of his arrest.
However, the High Court rejected that argument. It considered the Supreme Court’s ruling in Pankaj Bansal v. Union of India while examining the issue.
The High Court held that the requirement operated prospectively from October 3, 2023. Since authorities arrested Nasir in October 2020, the Court considered oral communication sufficient.
High Court Declines Bail Over Trial Delay
Nasir also sought bail because of the prolonged trial. However, the High Court declined to grant relief on that ground.
The Court noted that the prosecution had already examined 19 of its 60 witnesses. It also observed that defence requests had contributed to delays in framing charges.
Nevertheless, the High Court directed the Special Court to expedite the proceedings.
Nasir had separately sought medical bail. However, the High Court rejected that request because he had not produced adequate supporting documents.
The Supreme Court has now granted limited interim relief for 10 days while his regular bail plea remains pending.
