Court denies bail to OGW

Excelsior Correspondent
SRINAGAR, May 23: A local court refused to grant bail to an Over ground Worker (OGW) for commission of offences under Unlawful Activities Prevention (ULAP) Act.
The Principal District and Sessions Judge Bandipora (Designated Special Court under NIA Act) dismissed the bail application of Owais Ahmad Malik of Bandipora in FIR No. 93 of 2020 registered with Police Station Banidpora.
Court said that it is not wrong to state that the applicant who was working as OGW for Lashkar-e-Toiba and as a student he is not supposed to keep in his possessions any such ammunition, which is prejudicial to the security of the state.
Court while refusing to grant bail to the accused-Malik said, it is not the stage where the court has to look into the admissibility/non-admissibility of the recovery memo and the disclosure statement. But is under legal obligation to look into this aspect that the acquisition levelled against the accused are prima facie true which in the given case in hand for discussion has been found prima-facie true.
“Meaning thereby there must be a “zero tolerance policy” against these “hybrid terrorist” who are posing a “clear and present danger” not only to the society on the one hand but to the security forces on the other hand,” court said.
Court reiterated that the time has come where the civilians who are indulged in such types of activity has to define their specific role that either they are concerned with the safety and security of this country or not and in case any of their act is against the safety and security of the country as well as of the state.
“Then definitely they are not considered to be the law abiding citizen of the state to whom the court can grant bail, because of the rigors contained under Section 43 D(5). For the foregoing reasons the accused is not entitled for bail in the given facts and circumstances. Hence the bail application moved by the accused person is rejected and be made part of the main file”, Court concluded.