Excelsior Correspondent
JAMMU, July 19: High Court today rejected the bail application of encounter specialist SI Shiv Krishan Sharma and his PSO Mohd Ayub with the direction to Commissioner Secretary Law for nominating all Principal Session Judges as Designated Judges under the Sabotages Act for their respective territorial jurisdiction.
While moving the bail application, the counsel appearing for the accused police official submitted that the petitioner has done commendable job while taking part in anti-insurgency operations and he was given out-of-turn promotion to the post of Sub Inspector in the year 2005.
Stating that the petitioner was performing his duties with utmost zeal and dedication and played a great role in killing as well as making dreaded militants to surrender, the counsel further submitted, “the petitioner has unblemished service record as he has earned eight medals/commendation certificates including President’s Police Medal, Sher-e-Kashmir Gallantry Award, DG Commendation Certificate, GOC-in-C Commendation Certificate and various other certificates”.
However, the Public Prosecutor opposed the bail application on the ground that the investigation conducted in the case by Special Investigation Team so far has cogently established that in order to earn out of turn promotion as well as monetary benefits and name and fame, both in public and in the departmental hierarchy, both the petitioners hatched a criminal conspiracy and chalked out a plan to engage two Kashmiri boys with a criminal design to carry out subversive activities”.
“The investigation conducted so far has brought startling facts to light that after carrying out the subversive activities, there was every likelihood that the petitioners were to eliminate both the Kashmiri boys as well as the other accomplices by posing them as terrorists in order to achieve their nefarious designs”, he submitted, adding “the investigation is at its infancy and if the bail is granted, the same would hamper the investigation and the witnesses would not be in a position to depose before the designated court”.
While rejecting the bail application, Justice Mansoor Ahmed Mir observed, “the respondents have also filed detailed report in a confidential cover. It is shocking to know that how a police officer is involved in such incidents. Less said is better. The matter is still at threshold”.
“In view of the entire facts, the petitioners are not entitled to bail at this stage and their bail applications are accordingly dismissed”, Justice Mir said, adding “the petitioners, however, are at liberty to lay a motion before the Special Judge for grant of bail at appropriate stage”.
“The Court deem it proper to record that the Registry of the High Court has not made efforts right from 2011 to make a communication with the Government for seeking nomination/appointment of a Special Judge. The Government, particularly the Law Department too also remained in a deep slumber. This is how the things are moving here and there”, Justice Mir said.
“In 2011, Sanjay Parihar was the Special Judge under the Act. He stands transferred and since then no one has been appointed neither at Jammu nor Srinagar. In the given circumstances, Registrar General of the High Court is directed to make correspondence with the Commissioner Secretary, Law Department within a period of two days for nominating all Principal Session Judges as Designated Judges under the Sabotages Act for their respective territorial jurisdiction”, the High Court said.
Commissioner Secretary, Law Department was directed to issue the requisite notification within next two days. Both the Registrar General and Commissioner Secretary, Law were further directed to report compliance in the Registry.
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