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| NIA Court rejects bail in unlawful Act | | | Early Times Report
Jammu, Mar 30: Special Judge NIA Srinagar Ashwani Kumar Sharma rejected the bail application of one Ghulam Mohammad Hurra S/o Ghulam Rasool Hurra R/o Galbugh, Pulwama who was booked by the policed in unlawful Act.
While rejecting the bail application, Special Judge NIA Srinagar Ashwani Sharma observed that the regular bail provision under UAPA is distinct from other similar provisions. It is the requirement of UAPA, that there must be an opinion by the court deciding bail, that there are reasonable grounds for believing that the accusation against such person is prima-facie true. The expression "Prima-facie true" would mean that the material/evidence collected by the IO, in reference to the accusation against the accused in the FIR, must prevail until contradicted and overcome or disproved by other evidence, and on the face of it, shows the complicity of the accused in the commission of stated offence. It must be sufficient on its face to establish a given fact or the chain of facts constituting the stated offence unless rebutted or contradicted. Therefore, the approach to regular bail under UAPA for terrorists acts/activities is higher than offences under IPC.
Court further observed that exciting the people to armed rebellion, promoting contempt and disrespect for the government, supporting banned organizations in the set of terrorism is never acceptable in our constitutional set-up. The violence is spreading in the area with the help of people who are providing umbrella protection and also encouraging the people to take arms in their hands and at time by criminally intimidating them instead of discharging their fundamental duties. The sympathizers of militancy related violence are providing assistance which ultimately strengthens and promotes violence wherein public property is destroyed and innocent citizens are killed.
Court observed that accused/applicant herein does not deserve the latitude/concession of bail at this stage because the allegations against him are serious and heinous in nature. And, if the accused is enlarged on bail at this stage there are chances of winning/tampering with the evidence/witnesses of the prosecution and nobody would come against the petitioner to depose against him. It is settled position of law that if personal liberty of the accused and security of the state are pitted against each other it is the security of the state which shall prevail. Since the accused/applicant herein is involved in serious and heinous offence under the provisions of UAP Act and if enlarged on bail the unity, integrity, security and sovereignty of UT of J&K as well as of India shall be endangered. Accordingly, the instant application is hereby rejected. (JNF) |
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