Early Times Report
Jammu, Aug 1: The Division Bench of Jammu & Kashmir and Ladakh High Court at Srinagar Comprising Justice Sanjeev Kumar and Justice Sanjay Parihar has dismissed the bail appeal of Zahoor Ahmad Mir, a 37-year-old resident of Sallar, Anantnag, who is facing trial under the Unlawful Activities (Prevention) Act (UAPA) for allegedly aiding and abetting terrorists affiliated with the Hizbul Mujahideen. DB upheld the Special Judge’s decision dated November 8, 2024, denying Mir bail in connection with FIR No. 30/2022 registered at Police Station Pahalgam.
Mir is accused of providing logistics and shelter to militants and facilitating their movements. According to the prosecution, his disclosures led security forces to a militant hideout in the Hokard Forest, where three Hizbul Mujahideen operatives were killed during a search operation.
While the defense argued that Mir was falsely implicated and had been arrested a day before the encounter, the court found no credible evidence to support this claim. The bench noted that Mir’s alleged connections to other designated terrorists, including his cousin, further strengthened the prosecution's case.
The court emphasized that under Section 43-D of the UAPA, bail can be denied if a prima facie case exists. Citing Supreme Court precedents, the judges reiterated that in UAPA cases, the principle of “bail is the rule, jail is the exception” does not apply.
The court concluded that given the serious nature of the allegations and the fact that most witnesses are yet to be examined, Mir had not made out a case for bail. However, it left the door open for him to reapply should there be a change in circumstances during the course of the trial. (JNF) |
