Excelsior Correspondent
Srinagar, Feb 6: The Principal Sessions Judge Bandipora, Amit Sharma, today refused to grant bail to an accused involved in murder of a civilian Abdul Rashid Padroo by observing that the accused involved in the offence are none other than police officials.
The court said that under the garb of the police uniform such type of ‘Fake Encounter” was committed and it has definitely shaken the basic faith and confidence of the common man in the working of the police organization.
Court said the crime committed by the accused person became more severe simply because of this reason and stated by the Public Prosecutor. The prosecutor said the deceased was actually the resident of the village of the accused and was used to sell dining sheets on the road.
“…Any concession of bail either on medical grounds or on other grounds at this stage of the trial definitely shaken the spine of the common man in the present setup of the criminal justice System”, the Presiding Officer said.
Accused Farooq Ahmad Padroo had approached the court for bail on the ground that he is facing trial for more than 15 years and there is no chance of conclusion of the trial in near future as he has developed various ailments in jail.
The court after perusal of the record said it is not wrong to state that the ground which the petitioner-accused has alleged that he is facing trial from the last 15 years is not based on the true facts simply because of the reason that his trial was actually commenced in 2013 and from the five years the proceedings in the charge sheet was stayed by the High Court.
Court said the accused is involved in the case where the innocent person had lost his life without any of his fault and the act committed by the accused in the commission of the offence as well as from the record of the charge sheet, it transpires that he is actually the mastermind behind the occurrence of the “fake encounter”.
Abdul Rehman Padroo, a carpenter from Larnoo Kokernag in Anantnag district, was killed in a fake encounter at Ganderbal in 2005.
Uttam Chand, the then Investigating Officer (IO), had established that Padroo was killed in a fake encounter.
He headed the SIT in 2007 and had deposed before the court that the evidence gathered by him showed the involvement of seven accused-the then SSP Parihar, DySP Bahadur Ram, ASI Farooq Gudoo, driver Farooq Ahmad Padder, Manzoor Ahmad Malik and constable Bhansi Lal. He had said that they hatched a criminal conspiracy and were involved in the killing of Padroo.
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