Asif Iqbal Naik
KIHSTWAR
In a major relief to a local Imam in Kishtwar, Principal District and Session Judge Kishtwar have granted anticipatory bail in his favour after J&K police failed to submit its reply to a bail application moved by the accused facing sedition charges from police for taking part and playing lead role in anti-India protests that took place in Kishtwar district following massive uprising in Kashmir triggered by the killing of Hizb commander Burhan Wani on July 8, 2016.
As per the details available with Kashmir Life, Principal District and Session Judge Kishtwar M S Parihar in response to the bail application moved by the accused Manzoor Ahmed Ganaie, son of Mushtaq Ahmed Ganaie, resident of Bun Astan Kishtwar (Imam Bun Astan Masjid) through advocate Sheikh Nasir Hussain in terms of Section 497-A of Cr PC for grant of anticipatory bail in favour on the grounds that the applicant is innocent and has not committed any offense.
“In case the police will arrest him in a case, the reputation of his client will be spoiled,” the petitioner advocate prayerd before the judge, “bail in anticipation of arrest of the applicant be granted to him.”
After going through the application submitted by the counsel of the accused on 3-09-2016, court accordingly sought details from Station House Officer, Police Station Kishtwar and till date the report was not submitted by the police in the court, thus paying way for the accused to get anticipatory bail from the court.
“I have gone through the application and considered the submission made by the learned counsel appearing for the applicant. The submission made by the learned counsel appears to be genuine,” read order No 713/SJK, dated 8-10-2016 of Principal District and Session Kishtwar adding, “the perusal of the application shows that the applicant is apprehending his arrest, the detail of accusation against him is not known and till the detailed report is submitted by SHO Police Station Kishtwar, the applicant deserves protection”.
The order further read that SHO Police Station Kishtwar has been directed that in event of arrest of applicant, he be released on interim bail on his furnishing personal bond in amount of Rs 10000 and surety in the like amount, provided applicant is not involved in any offence which carries punishment of more than seven years or any offence under any Special Act or any offence in which Special bail provisions have been made or any offence under section 306/376/366/363 RPC.
“The applicant is, however, directed that he will not directly or indirectly make any inducement, threat or promises to any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the court or to any police officer, he will not interfere with prosecution evidence directly or indirectly and will appear before the Investigating Officer during the interim bail period as and when directed by the Investigating Officer to do so,” read the order.
The court also barred him from leaving the jurisdiction of the court without its prior permission or Investigating Officer and put up the case for next hearing on 20-10-2016.
As already reported over three dozen persons including some government employees are facing sedition charges U/S 120 B (Criminal Conspiracy), 124 A (Sedition) and 153 A (Promoting Religious Enmity) for which five different FIRs No 139, 140, 157, 158, 174 of 2016 were registered at Police Station Kishtwar and among these five FIRs, Manzoor Ahmed Ganaie was named in FIR No 157, 158 and 174 and was “absconding” since police raided his home during intervening night of 24/25 September while two other accused namely Abdul Qayoom Mattoo (Imam Masjid Umar Mohallah) and Saif-ud-Din Bagwan were booked under notorious Public Safety Act while three others including Firdous Ahmed Bagwan, Aijaz Ahmed Kelam and Syed Asif are presently in Judicial Custody at District Jail Kishtwar.
Following arrest of these five persons, district administration Kishtwar had to impose curfew in Kishtwar town and its peripheral areas for three days as protests and clashes erupted against the police action.
Many people among those named in the FIRs have either gone into hiding or have left Kishtwar in fear of the arrests.
