NIA Court rejects bail in unlawful act



JAMMU: Special Judge NIA Srinagar Ashwani Kumar Sharma rejected bail application of one Ghulam Mohammad Hurra, son of Ghulam Rasool Hurra, resident of Galbugh, Pulwama who was booked by Police in unlawful Act.
While rejecting bail application, Special Judge NIA Srinagar Ashwani Sharma observed that regular bail provisions under UAPA is distinct from other similar provisions. The expression ‘Prima-facie true’ would mean that the material/evidence collected by the IO, in reference to accusation against accused in FIR, must prevail until contradicted and overcome or disproved by other evidence, and on the face of it, shows 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 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 people to take arms in their hands and at time by criminally intimidating them instead of discharging their fundamental duties. The sympathizers of terrorism 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 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 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.