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Court denies bail to HM militant
9/2/2014 12:12:56 AM
Jammu, Sept 1 : Principal Sessions Judge, Ramban, Rajesh Sekri today rejected the bail application of Nissar Ahmad, alleged militant of Hizbul Mujahdeen (HM) and working as agency of Pakistan's Intelligence Agency (ISI).
According to prosecution case , May 23, 2014, police Station Banihal came to know from reliable sources that Nissar Ahmed, who had joined the ranks of a banned HM in the year 2000 and in furtherance of criminal intention to wage war against India and breach the peace and tranquility of India crossed over the Line of Control (LoC) and went to Pakistan occupied Kashmir (PoK) for training in the militants training camp.
That he underwent training in the PoK terrorist camps and again crossed over the border and remained active in the militancy related activities. That the accused obtained training in the PoK terrorist camps for 13/14 years, used to serve as an agent of ISI, intelligence agency of Pakistan and in furtherance of criminal intention to create terror and disturb the peace and tranquility of the State of Jammu and Kashmir was operating in Banihal town of Ramban. On receipt of aforesaid information, police swung into action and registered FIR No 41/2014 for offences under sections 3 of Enemy Agent Ordinance ( E.A.O ), and investigation came into vogue. During investigation accused was arrested from Bus stand Banihal with a number of incriminating documents and material. Since the accused had hidden some incriminating documents including air ticket of Karachi Pakistan, a mobile alongwith SIM issued by some Pakistan mobile company, therefore investigating agency being prima facie satisfied about the commission of offences punishable under sections 3 E.A.O Act and 201 RPC.
The judge, after hearing the two sides, observed that the allegation against the accused is that he in furtherance of criminal intention to wage war against the sovereignity of India, disturb the peace and tranquility of the State of Jammu and Kashmir and create terror amongst the people of the state underwent training for about 13/14 years in the terrorist camp in PoK. After having undergone militant training in the training camp in PoK, the accused allegedly entered the territory of India, acted as an agent at the behest of ISI and remained active in the militancy related activities. There is no doubt that allegations against the accused are very serious in nature and in view of alleged history of the accused, propensity on his part to jump over bail, temper the prosecution evidence or, to go underground or cross over to the other side of LoC, to frustrate the trial cannot be ruled out. Militancy in this part of the country has not only threatened the security and sovereignity of the country, but also wrecked the economy of the state, rattled and terrorise the people, resulting in mass exodus of the subjects. In these circumstances, liberation of accused at this stage may also leave an adverse impact on the people. With these observations, the court dismissed the bail application.
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