SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has dismissed a petition challenging the arrest of former Bar Association President, Advocate Mian Abdul Qayoom, in connection with the murder of Advocate Babar Qadri. The ruling, issued by Justice Vinod Chatterji Koul on February 19, found no violation of constitutional or procedural safeguards in Qayoom’s arrest or subsequent remand orders, judicial website Bar and Bench reported.
Qayoom, who was arrested on June 25, 2024, had challenged the legality of his arrest and the trial court’s remand orders, arguing that they were arbitrary. However, the High Court held that due process had been followed, noting that Qayoom was informed of the grounds of his arrest without delay and that his arrest had been videographed.
“It cannot be heard saying from the petitioner that he was not informed as soon as he was arrested about the grounds of arrest … in the instant case, the respondents have had followed and complied with the provisions of law governed under and in terms of the Code of Criminal Procedure … writ petition insofar as it throws challenge to his arrest or to the grounds of arrest is liable to be dismissed,” the Court stated, according to the website.
Similarly, Qayoom’s challenge to various remand orders was also rejected. The Court found that these orders were well-reasoned and did not require intervention.
Qayoom was arrested on allegations of being part of a conspiracy to assassinate Advocate Babar Qadri in 2020. Qadri, a prominent lawyer and television panellist, was shot dead at his Srinagar residence on September 24, 2020. The case, registered under various provisions of the Indian Penal Code, the Arms Act and the Unlawful Activities (Prevention) Act, 1967, was initially investigated by the local police before being transferred to the State Investigating Agency (SIA) in 2023.
Qayoom was summoned multiple times by the SIA between January and June 2024 before his arrest. His counsel argued that his arrest was unnecessary, as he had been cooperating with the investigation. They also contended that procedural safeguards had been flouted. The Court, however, rejected these claims.
Additionally, Qayoom challenged the further investigation undertaken in the case after an initial chargesheet was filed in May 2021, which did not name him as an accused. The High Court dismissed this challenge, ruling that further investigation is permissible even after a chargesheet has been filed.
“There is no restriction or bar for further investigation even after filing of a charge sheet. The hands of the investigating agency or the Court should not be tied down on the ground that further investigation may delay the trial as the ultimate object is to arrive at the truth,” the Court held.
In 2022, a new Special Investigation Team (SIT) under the SIA took over the probe. In 2023, a special NIA court in Srinagar ordered further investigation into the case, about 26 months after the first chargesheet was filed, following an application by Qadri’s father. The High Court found nothing irregular in these developments.
Advocates Sakal Bhusha, Rahul Sharma, Bhavesh Bhushan, M Rouf and M Tufail represented Qayoom, while Senior Additional Advocate General Mohsin Qadri appeared for the respondent authorities.
