Excelsior Correspondent
SRINAGAR, May 20: Special Judge of Designated Court under NIA/Additional Sessions Judge Anantnag Khalil Ahmad Choudhary has denied bail to a cleric, who has been booked for allegedly instigating the youth for indulging into rioting and dishonouring the National Flag during the funeral of a militant.
As per the report of Police Station D H Pora, on October 26, 2018 an information was received that one militant namely Amir Tantray got killed in an encounter with the security forces on October 25, 2018 at village Arwani in Bijbehara area of Anantnag.
As and when the dead body of the militant was brought to his native village, the people of the area got assembled and applicant/accused Mohammad Iqbal Bhat being cleric performed funeral of the deceased militant. In the meanwhile, few miscreants raised anti-national slogans and dishonoured the Indian flag.
On receiving this information, FIR for the offence under Section 153 RPC, 13 ULA (P) Act and 2 PINH was registered with Police Station D H Pora and during the course of investigation statement of witnesses was recorded. Accordingly, the accused/applicant was found to have perpetrated the crime and as such was arrested on March 3, 2020.
However, the applicant/ accused while moving an application seeking bail claimed that he was falsely implicated by the police. On the other side, the prosecution contended that the accused was involved in heinous offences against the sovereignty and integrity of the country.
After hearing the counsel for the applicant/accused and public prosecutor through virtual mode, the Special Judge of Designated Court under NIA/Additional Sessions Judge Anantnag Khalil Ahmad Choudhary observed, “perusal of the police report would show and satisfy the court that there are reasonable grounds to believe that the accused is involved in instigating the youth for indulging into unlawful activities and is also alleged to have dishonored the Indian flag”.
“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 him. Once, accused is 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 police report his release will amount to increase and development of militant organizations”, the court said.
The Judge further said, “though the power to grant bail to an accused who is involved in the commission of an offence which is non-bailable and is not punishable with death or imprisonment for life, is in the discretion of the court but such a discretion has to be exercised judiciously”, adding “the basic rule is bail not jail but for granting or refusing bail various circumstances have to be kept in view”.
“On overall analysis of the matter in its totality, I am of the considered opinion that applicant/accused has failed to establish a reasonable and cogent ground for grant of bail at this stage”, the Judge said and accordingly rejected the bail application.
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