Rayees Ahmad

Court directs prosecution to produce accused Pak national on Sept 13

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Srinagar: Court of 2nd Additional Sessions Judge Srinagar on Wednesday directed the prosecution to produce the Pakistani national accused in a militant attack that killed a sub-inspector of police in Srinagar in 2004 on next date of hearing.

Prosecution on Wednesday failed to produce the accused Mohammad Ali before the court of 2nd Additional Sessions Judge Srinagar for hearing neither produced any written plea before the court for seeking adjournment of production of the accused.

The under trial, Mohammad Ali is currently lodged in Udhampur jail Jammu. Earlier court of 2nd Additional Sessions Judge Srinagar on last hearing had directed the prosecution to produce witnesses in support of allegations against the accused on Wednesday, in the case under FIR 52/2006 section 302, 120 b RPC and 7/27 Arms Act registered with police station Nigeen.

Ali’s counsel, Adil Abdullah and Mir Younis pleaded before the court that last date of hearing, accused was produced before the court only when there was contempt against jail Superintendent Udhampur and SSP Udhampur.

They also argued that as per the Supreme Court judgements passed by then Chief Justice of India, Justice T.S Thakur,  under trails should not be shifted from the trail jurisdiction of the court without seeking prior permission from the court.

The Pak national is charged with involvement in a militant attack that killed a sub-inspector of police at Dargah in August 2004. Police had arrested two persons in connection with the attack who gave Ali’s name.

A charge sheet was produced in absence of the accused, who as per police, had already escaped from Srinagar and was not traced in the state as such proceedings under section 512 CrPC were initiated against the accused. In 2007, the court received information that the accused has been arrested in Bangalore and lodged in Banglore Jail. The court issued a warrant of production for him, to which the Bangalore jail authorities complied.

The next date of hearing is listed on September 13.

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