Excelsior Correspondent
SRINAGAR, July 10: Special Judge (Designated Court under NIA) Anantnag Khalil Ahmad Choudhary has rejected the bail applications of three persons who have been booked under Unlawful Activities (Prevention) Act by Bijbehara Police.
The accused persons namely Asif Nazir Malik, son of Nisar Ahmad Malik, Burhan Amin Malik, son of Mohammad Amin Malik and Aqif Hussain Waza, son of Mohammed Hussain Waza, all the residents of Arwani in Bijbehara were booked by the police under ULA (P) Act early this year after posters of Hizbul Mujahideen outfit were recovered from their possession.
According to the police, these accused persons were instigating the youth for joining the anti-national activities, which is an offence against the sovereignty and integrity of the country.
After hearing counsel for the accused persons and prosecution, the Special Judge observed, “perusal of the CD file would show and satisfy the court that there are reasonable grounds to believe that the accused are involved in instigating the youth for indulging into unlawful activities and the investigating agency is in the process of collecting further evidence to scan and analyze the involvement of the accused in the commission of the crime imputed to them”.
“Once, accused are alleged of instigating the youth in carrying out the militant activities having disregard with the integrity and sovereignty of the country as is evident from the CD file and intention of the accused can be deemed to be a pure anti-national activists and their release will amount to increase and development of militant organizations as the country most particularly UT of J&K has already been in the firm grip of terrorist violence”, the court further observed.
The court said, “terrorism is an evil affecting the life and liberty of peace loving people. Offences against individuals are to be distinguished from offences affecting nation and people at large”, adding “parameters to be adopted in the matter of considering the pleas of bail would also be different in these cases. A strict approach in the latter category of cases is justified. Sympathy has no rule in dealing with such cases”.
Pointing towards several judgments of the Supreme Court and High Court, the Special Judge said, “while exercising the power for grant of bail, court has only to go into limited question as to whether prima facie offences are established against the applicants/accused or not”, adding “it cannot go into evidentiary value credibility or reliability of the statement of witnesses recorded under Section 161 CrPC while examining bail plea of the accused and circumstances on which crime is alleged to have been committed is also to be examined”.
“Investigation of the case is in progress, statements of some of the witnesses are yet to be recorded as such admission of accused on bail at this stage will hamper the investigation and there is every apprehension of winning over of witnesses by the accused/applicants”, the court said, adding “there is also every apprehension that they may flee from the clutches of the law and repeat the offence”.
With these observations, court rejected the bail applications.
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