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| HC rejects bail plea in Al-Badr terror case | | |  Early Times Report
Jammu, Aug 14: The High Court of Jammu & Kashmir and Ladakh has dismissed the bail plea of 57-year-old Ghulam Nabi Rather of Kachloo, Handwara, accused of working as an over-ground worker (OGW) for the banned Al-Badr militant outfit.
A Division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem upheld the Kupwara trial court’s December 31, 2024 order refusing bail, observing that prima facie evidence connects the accused to terrorist activities. The court cited Section 43-D(5) of the Unlawful Activities (Prevention) Act (UAPA), which imposes stringent restrictions on bail in terrorism cases, remarking that in such matters “jail is the rule, bail the exception.”
The prosecution case stems from an April 12, 2021 joint naka by J&K Police, Army’s 30 Rashtriya Rifles, CRPF 92 Battalion and SOG Kralgund at Kachloo Crossing. Rather and two others allegedly tried to flee but were caught; grenades were recovered from the co-accused while a letter pad of Al-Badr was seized from Rather. Investigators linked them to Al-Badr commander Abdul Gani Khawaja and his associates operating from Badrkali forests, where arms and ammunition were recovered.
Rejecting the defence arguments over invalid sanction, incompetent investigation, and prolonged incarceration, the bench noted that 22 out of 25 prosecution witnesses had already been examined, with no delay in trial. It stressed that releasing the accused at this stage could risk influencing key witnesses and hamper justice.
The court relied on Supreme Court rulings including Watali, Gurwinder Singh, and Barakathullah to underline that bail in UAPA cases demands a higher threshold.
Referring to the defence reliance on the Supreme Court judgment in Tapas Kumar Palit v. State of Chhattisgarh, the bench said the precedent was not applicable since that case involved examination of only 42 out of 100 witnesses, whereas in the present matter 22 out of 25 witnesses had already been examined. In view of the evidence collected and the stage of trial, the court held that there was sufficient prima facie material indicating the accused’s complicity in activities aimed at creating unrest in the country.
Accordingly, the bench dismissed the appeal and upheld the trial court’s decision to keep the accused in custody. It clarified that the findings were limited to the adjudication of the bail plea and would not influence the trial’s outcome. The court also directed the Registrar Judicial, Srinagar, to take corrective measures over procedural lapses in noting the delay in filing the appeal. (JNF) |
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