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NIA Act: HC dismisses bail plea of 'habitual offender' from Shopian
7/11/2018 10:26:57 PM
Early Times Report
Srinagar, July 11: The J&K High Court has dismissed an application by an accused for filing it before single bench rather than the division bench as provided by the NIA Act.
The petitioner Nisar Ahmad Najar had urged in the application for grant of the bail in the case bearing FIR No. 282/2016 for the commission of offences punishable under Section 13 of the Unlawful Activities (Prevention) Act, 1967.
Najar is lodged in Central Jail Srinagar under the PSA. The order was assailed before the court and it was pleased to quash the same vide order dated May 26, 2017. However, he said, instead of releasing him from custody, yet another order of detention bearing No. 109/DMS/PSA/2017 dated October 6, 2017, was passed and till date the accused is languishing in jail.
The accused said that he filed an application for the grant of bail before the court of Principal Sessions Judge, Shopian, in various FIRs, including the FIR No. 282/2016, with the prayer for his release on bail on the grounds that he has been involved in these cases without any justification, proof or evidence.
He submitted in the application that he is an innocent person and by continuing him in the detention, he will not be in a position to defend himself effectively and prove his innocence. However, the bail application was rejected by the court.
The government filed the objections, stating that the application was not maintainable as the applicant ought to have filed an appeal or revision against the order instead of approaching this court. The government further stated that the offence under Section 13 of the Act of 1967 is triable by the Special Court only.
Furthermore, it stated that the accusations against Najar are well founded, as such, no bail can be granted to him.
The government also stated that the accused is not only involved in unlawful activities, but is also involved in so many other FIRs registered against him for the commission of different offences. It is further stated that the accused is a habitual offender and has been instrumental in fomenting trouble in district Shopian, every now and then. The respondent has further stated that it will be detrimental to the state at large, if the accused is left to roam scot freely.
After hearing both the parties, the a bench of Justice M K Hanjura observed that an order of the rejection of the bail passed by the Special Court under the NIA Act of 2008, is appealable and the appeal shall lie before a bench of two Judges of the High Court.
On the analogy of Section 21 of the Act, the court said that the order passed by the Special Court in the application for bail has to be appealed against and the appeal shall lie before the Division Bench and not before the Single Judge of the High Court.
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