KL NEWS NETWORK
SRINAGAR
Jama’at-e-Islami J&K on Friday said that laws in Kashmir are being “blatantly” used.
Jama’at charged law-enforcing agencies in valley for being “anti-people and dictatorial” rather than democratic. This, Jama’at said, “indicates that the Kashmir valley is not ruled by any law but by the police and Indian agencies whose whims and opinions, whosoever contradictory to law these may be, rule the roost.”
“The hapless people here have been suffering from this wild treatment at the hands of the law-enforcing machinery since decades together,” Jama’at said in a statement this afternoon.
Jama’at said this in reaction to the detention of its spokesperson, Advocate Zahid Ali.
“A self-explaining example of the abuse and misuse of legal authority is the continuous illegal and immoral detention of Jama’at-e-Islami spokesperson and political bureau head Advocate Zahid Ali whose detention is prolonged by transferring his custody from one case to another on similar but baseless charges since 31st August, 2016,” the statement said.
Jama’at claimed that the Executive Magistrate (Naib Tehsildar) Bemina, Srinagar after conducting the enquiry under section 107/151 Cr PC against him passed an order on 8th October, 2016 mentioning therein that in case the police fail to produce any evidence against the arrestee on the next date of hearing fixed on 13th October, 2016 the defendant accused shall be considered to be discharged of all charges and as such released.
“Instead of producing any evidence, the police brought another readymade complaint registered against the detenue by police station Shaheed Gunj for re-arresting him in case of his acquittal as was quite expected.
The Magistrate concerned instead of discharging the accused as per his own order, directed him to furnish a personal bond for release which firstly contradicts his earlier order and secondly is against the procedure of law as on discharge and acquittal, an accused cannot be punished but is to be released as an innocent person,” the statement informed.
Jama’at said that Zahid Ali declined to file any personal bond and requested the Magistrate to implement his earlier order.
“Upon this the Magistrate giving the police another chance to produce the evidence, sent him to sub-jail (police station Kothi-Bagh) under custody. In case had Zahid Ali submitted the personal bond, he would have been rearrested by police station Shaheed Gunj, a party of which headed by a sub-inspector was waiting just inside the court room of the Magistrate and noticed by him too,” the statement said.
The next date of hearing in Zahid Ali’s case has been fixed on 20th October, 2016.
Jama’at-e-Islami Jammu and Kashmir while condemning the “lawlessness” of the law-enforcing agencies and “so-called protectors” of the human rights towards the “oppressed” people of Kashmir, appealed Kashmir Bar Association to take strict notice of it and find a legal remedy to redress the grievousness of the victims.
“Further, the human rights institutions and forums are also asked to come forward and take effective steps to save the people from being subjected to grave state-sponsored atrocities,” the statement added.
