Asif Iqbal Naik

KISHTWAR

While terming the arrest of ‘encounter specialist cop’ Shiv Krishan Sharma as ‘illegal’, counsel Sunil Sethi pleaded before the Additional district and Principal Judge that his detention is illegal on the ground that police has approached at wrong forum while seeking the remand of the accused before CJM Court Doda.

While arguing the bail matter the counsel today pleaded before the Additional District and Principal Judge Doda Kekar Singh Parihar, that the “Chief Judicial Magistrate has no jurisdiction under Prevention and Suppression of Sabotage Act.”

The counsel said that as the police detention of their client is ‘illegal’, “the arrested has the right to be set at large. Police has used extra arbitrary and excessive powers while handling the case of my client.” The counsel pledged that “as a person his client has served the nation for more than one decade and added that if such person was put behind the bars, then no person will come forward to fight anti national elements like militants.”

The counsel has said that “the honor and dignity of their client was at stake in case he was not released on bail.”

The counsel is seeking a bail plea on medical grounds and he claims that the accused has lost his eye and leg while fighting with the militants. Besides that he said that the bullet splinters are still trapped inside his head and brain which could be life threatening for Sharma.

The counsel of the accused cop said that they are also preparing the case of illegal detention of their client by police.

After hearing the arguments of counsel and his associates, Additional Principal District and session Judge Doda deferred his decision till tomorrow and in the meantime asked the prosecuting officer S R Manhas to argue as to why the accused cannot be released on bail.

Shiv Krishan Sharma was arrested by Doda police, last week for allegedly supplying arms to the five arrested persons in connection with an attempt of lobbying a hand grenade at police station Thatri during intervening night of April 27 and 28, 2013.

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