Early Times Report
Srinagar, July 31: State High Court rejected the bail application of Showkat Ahmad Lone who is allegedly over ground worker of HM Outfit.
While rejecting bail application, Justice MK Hanjura observed that Single Bench of the High Court does not have the jurisdiction to decide and determine an application for grant of bail, wherein the provisions of Unlawful Activities are invoked and the Special Court has passed an order in the application. The order holds that such an order can be appealed against before a Division Bench , as a corollary to which, this application is dismissed with the liberty to the applicant to work out his remedy before the proper forum.
According to the police case that on 07.11.2017, a police patrol party of Police Station Devsar, received an information from a reliable source that a group of terrorists belonging to Hizbul Mujahedeen (HM) under the directions of Reyaz Naikoo, in criminal conspiracy with its OGWs are about to accomplish a terrorist act by killing the police personnel/ security forces as also to snatch weapons from them and in order to achieve the same they are moving from one to the other place. Further the said organization in order to operate their designs have distributed the deadly weapons among the OGWs so as to cause fear and terror among the public of District Kulgam, as a consequence of which, an FIR bearing No. 63/2017 was registered against them for the commission of offences under Sections 30, 12-B RPC, 7/25, Arms Act, 10, 13(2), 18, 20, 38, 39 Unlawful Activities Act, at Police Station Devsar, with which the investigation ensued.
During the questioning, the accused confessed that he is OGW of HM outfit. The investigation in the case is going on. The respondent has further stated that the offence under 30, 120-B RPC, 7/25 Arms Act, 10, 13(2), 18, 20, 38, 39 of the Unlawful Activities (Prevention) Act, 1967, are triable by the Special Court only. |
