Early Times Report
Jammu, Dec 28: Special Judge NIA Srinagar Manjeet Rai rejected the bail application of an alleged over ground LeT worker, Umer Asif Zarger.
According to the police case that on 08.08.2024, at approximately 2305 hours, Police Station Khanyar received a written report from the SHO PS Khanyar stating that, while conducting foot and vehicle patrols in preparation for the forthcoming August 15 Independence Day, he, along with escort personnel, SDPO Column, SP Column, PC Srinagar personnel, and Valley QRT CRPF, observed suspicious activity near the STP at Munwarabad.
The SHO P/S Khanyar and the party, having noticed unusual light in the bushes, immediately cordoned off the area. Upon attempting to flee, 04 suspects were apprehended. They disclosed their identities as 1. Imran Ahmad Mir 5/0 Ghulam Qadir Mir R/O Ranghamam Nowhatta 2. Muzamil Khurshid Wani S/O Khurshid Ahmad Wani R/O Narparistan Fatehkadal A/P Beerni Kathi Darwazar3. Umar Asif Zargar S/0 Gh. Mohammad Zargar R/O Chota Bazar Kanikadal4. Qazi Usman S/O Qazi Muzaffar R/O Hoka Bazar Nowhatta. Upon personal search Arms and ammunition and other materials recovered from their possession is mentioned below. Upon preliminary questioning, they disclosed that they are terror associates of the banned outfit LeT, working for a Pakistani terrorist of LeT who is active in District Srinagar and other areas. They further revealed that, under a well-planned criminal conspiracy, they intended to use these arms and ammunition against police, security forces, non-locals, tourists, political leaders etc to disrupt peace and tranquility in the valley. Accordingly, Case FIR No. 31/2024 under Sections 7/25 of the Indian Arms Act, and Sections 13, 18, 20, 23, 38, and 39 of the UA(P) Act has been registered at Police Station Khanyar, and the investigation has commenced.
Special Judge NIA Srinagar Majeet Rai after hearing both the sides observed that the accused is allegedly involved in commission of offences under sections U/S 7/25 A Act, 13, 18, 20, 23, 38, 39 UA (P) Act. The offences under the UA(P) Act involve activities prejudicial to the sovereignty, integrity, and security of the state. The seriousness of the allegations and the potential impact on public peace weigh heavily against the grant of bail. The police report details recoveries from the accused, including a Chinese grenade and mobile phones linked to terrorist activities. Preliminary investigation points to the accused's role as an active terror associate.
The prosecution has presented sufficient material at this stage to establish a reasonable link between the accused and the unlawful activities. Under Section 43D(5) of the UA(P) Act, bail cannot be granted if the court is satisfied, on a prima facie basis, that the accusations are true. Based on the available evidence, this court finds that the threshold for denying bail under this provision is met. The collective interest of society and the imperative to maintain peace and security must outweigh the individual's liberty in cases involving terrorism- related offences. Granting bail at this stage could potentially undermine public confidence in the justice system and impede the ongoing investigation. In view of the above stated facts and circumstances, the seriousness of the offences, the prima facie evidence of involvement, and the statutory bar under Section 43D(5) of the UA(P) Act, this court finds no merit in the bail application. The applicant has failed to demonstrate grounds sufficient to override the considerations of public and national security. The bail application filed by the accused, Umer Asif Zarger, is hereby rejected. JNF |
