| Jammu |
Revealed: August 29, 2020 three:55:06 am
A particular UAPA decide right here has requested the Jammu & Kashmir Prisons Division to launch on bail a pharmacist employed with the federal government, held for the previous greater than eight months, saying there was no proof of his involvement in any offence beneath the stringent regulation and that he was solely “performing his skilled obligation” if he was meaning to ship medicines even to a terrorist.
Zahoor Ahmed, a resident of Marwah, was arrested in Kishtwar district on January 6. The Third Extra Classes Choose, Jammu, Sunit Gupta, famous that every one the police seized from his possession was some medicines, and that “he can’t be mentioned to have been concerned in any of the offences beneath the UAPA”. Calling the costs “a profitable try to falsely implicate” him, the courtroom mentioned Ahmed must be launched “forthwith” from Jammu Central Jail on interim bail topic to him furnishing a surety bond of Rs 25,000, and if he isn’t named in some other case.
Employed with the J&Ok authorities’s Well being Division, Ahmed was posted in Renia in Marwah tehsil. His counsel Faheem Shokat Butt mentioned that he has been stored in jail though no incriminating materials had been introduced on document to attach him with any offence.
The decide rejected the Extra Public Prosecutor’s arguments towards bail, claiming that Ahmed was named in a chargesheet together with 9 others for hyperlinks with the Hizbul Mujahideen, for offering details about safety forces to militants, and for arranging funds for militant commander Mohammad Amin alias Jahangir Saroori.
“Whereas going by way of the entire file, I couldn’t discover even a single witness whose statements have been recorded… who’ve uttered even a single phrase towards applicant Zahoor Ahmed,” Choose Gupta noticed. “The offences attributed to him are with regard to illegal actions, conspiracy, harbouring of terrorists and… assist given to the terrorist organisation, however none of those offences have even been alleged by any of the prosecution witnesses whose statements have been recorded by the IO (investigating officer)… and even the witnesses whose statements have been recorded beneath Part 164, CrPC.”
The UAPA courtroom famous that whereas failing to search out any proof towards Ahmed, the IO had connected a duplicate of a “assertion of 1 witness, Akhter Hussain… in another case… for offences beneath part 13, 18, 19, 38, 39 (of the UAPA)”. “(On) the power of the mentioned copy of the assertion, the IO has made a profitable try to falsely implicate Zahoor Ahmed,” Choose Gupta mentioned, including that at the same time as per the mentioned assertion, Ahmed “shouldn’t be genuinely discovered to be concerned in any such exercise which can be mentioned to be an offence beneath the Illegal Actions (Prevention) Act”.
The decide went on to confer with the assertion made by Hussain, in another militancy case associated FIR registered at Kishtwar police station, that he had gone to the jungle to fetch firewood when he met 4 individuals, together with Saroori. Hussain additional testified that, on his approach again, he had come throughout Ahmed, who had informed him he was going to ship some medicines to Saroori.
Questioning the truth that the IO had used assertion in one other case to construct expenses towards Ahmed, the decide mentioned, “Even when we think about the assertion of the mentioned witness, I don’t discover Zahoor Ahmed may be mentioned to have been concerned, whether or not in aiding, harbouring or being part of the terrorist organisation… Since accused Zahoor Ahmed occurs to be a pharmacist and he was presupposed to be in possession of some medicines and as such whereas performing his skilled obligation was meaning to ship some medication even to the terrorist, he can’t be mentioned to have been concerned in any offence beneath the UAPA.”
Granting Ahmed bail, the courtroom directed him to not strategy any prosecution witness and to not depart the territorial limits of J&Ok with out prior written permission of the courtroom.
A Hizbul Mujahideen commander and the longest surviving militant within the Chenab Valley area, comprising Kishtwar, Doda and Ramban districts, Jahangir Saroori is known as as the primary accused within the killing of a senior BJP chief, Anil Parihar, and his brother in Kishtwar in November 2018, and the gunning down of RSS functionary Chander Parkash alongside along with his PSO within the district hospital just a few months later.
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