Early Times Report
Jammu, Oct 6: A Special NIA Court in Jammu has rejected the bail plea of Shabir Ahmad Shah in a case arising out of an alleged violent funeral procession in Srinagar in 1996, observing that the prosecution has attributed to him a specific and prominent role in the gathering and that his release at the present stage could prejudice the trial.
Special Judge NIA Cases, Jammu, Prem Sagar dismissed the application in RC-01/2026/NIA/JMU, arising out of FIR No. 192/1996 of Police Station Shergarhi, Srinagar. The case relates to a funeral procession held on July 17, 1996 following the death of militant Hilal Ahmad Beigh.
According to the prosecution case recorded in the order, the procession moved from Zaina Kadal towards Eidgah and allegedly turned violent near Nawa Crossing. The NIA alleged that Shah was among the principal persons leading the procession, raising slogans and delivering speeches, while stone-pelting and firing by unidentified armed persons were also reported during the incident.
The case invokes Sections 147, 148, 336, 341, 307, 332 and 427 RPC, besides Section 13 of the UAPA and Sections 7 and 27 of the Arms Act.
Senior Advocate Mohd Aslam Goni, assisted by Advocates Tanveer Ahmed Khan and Yasin Zargar, appeared for Shah and argued that the case arose from an incident nearly three decades old, that the accused had remained available to investigating agencies and that prolonged incarceration could not be justified merely on the basis of allegations.
The defence also relied on Shah’s age medical condition, prolonged detention and the grant of bail to other accused, while contending that there was no material showing any direct act of violence by him.
Opposing the plea, Public Prosecutors Ashwani Verma and Chandan Kumar Singh, appearing for the NIA, submitted that Shah had allegedly played a leading role in the procession and enjoyed influence among sympathisers. The prosecution also stressed that protected witnesses had been examined and further investigation was continuing.
The Court noted that Section 13 UAPA, under which Shah has been booked, does not by itself attract the stringent bail restriction under Section 43-D(5), which applies to offences falling under Chapters IV and VI of the UAPA. The plea, therefore, was examined on ordinary bail principles.
However, after considering the prosecution material, the Court observed that the allegations concerning Shah’s alleged role, the presence of protected witnesses, the possibility of influencing witnesses and the continuing investigation were relevant considerations against granting bail at this stage.
The Court said there was a reasonable apprehension of prejudice to the fair conduct of the trial and possible adverse impact on the confidence and security of protected witnesses if the accused was released.
Accordingly, Shah’s bail application was rejected at this stage.
The Court, however, clarified that the observations contained in the order were made solely for deciding the bail application and would not affect the merits of the main case. (JNF) |