Excelsior Correspondent
SRINAGAR, Aug 11: A local court here today rejected the bail application of two of the PSOs of the BJP leaders who had earlier faked an attack in north Kupwara’s Gulgam area intending to get enhanced security protocol for the BJP leaders.
Judicial Magistrate Kupwara in an order rejected the bail application of two of the co-accused Reyaz Ahmed Khan son of Nawab Khan of Awoora Reshiwarai, Kupwara and Irfan Ahmed Payer son of Abdul Rehman Payer of Manigah Tehsil and District Kupwara stating that accused persons are involved in serious, heinous and non-bailable offences and “do not deserve the concession of bail.”
The prosecution while opposing the bail application stated that the accused who were deployed as PSOs with one of the accused were part of this criminal conspiracy “and had been promised monetary and promotional benefits, who in breach of their duties fired indiscriminately while the ration was being distributed among the local residents.”
The court stated that accused persons in furtherance of their criminal conspiracy gathered the people of village Gulgam with the information that ration would be distributed to them.
“…while distributing ration at the place of occurrence, accused started firing indiscriminately in breach of their duties and the scene was created in such a manner that security agencies would think as if this firing was being done by terrorists & accused persons would get benefit from this incident,” the court observed.
It said that the incident created insecurity among the public and disturbed law and order problems in the entire district as security agencies including Army, CRPF, J and K police etc. were put on an alarm on the day of the occurrence.
The court reads the order while considering the bail application must take into consideration the gravity of the offence, the punishment it entails.
“The chances of tampering with the prosecution witnesses and the availability of the accused for trial or further investigation; apart from it the court must take into consideration that the purpose of the detention before trial is not to punish but to secure fair, effective & uninfluenced investigation,” the court stated.
It ordered that the accused persons are involved in serious, heinous & non-bailable offences and they do not deserve the concession of bail.
“The police in our U.T [J&K] have been trying to keep the U.T free in the face of insurmountable odds due to militancy in the valley and many police personnel have attained martyrdom in the line of duty. However, the act of the accused persons by staging a fake terrorist attack with the aim to get monetary & promotional benefits has not only created chaos, law & order problems in Kupwara but has tarnished the image & reputation of the police department as well before the public,” the court ordered.
It stated that the investigation of the case is at the beginning and there is every likelihood that the accused may dissuade the prosecution witnesses from disclosing true facts before the investigating agency.
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