Srinagar : J&K High Court today dismissed an appeal (for release on bail) by a woman alleged of being involved in the killing of a police officer in South Kashmir in 2018.
The accused Syed Saiqa had appealed against 2019 judgment by a TADA/POTA court which rejected her application for release on bail.
The charge-sheet filed before the trial court says that one Ansarul Haq son of Bashir Ahmad Raina of Tikin, Batpora along with Mst Saiqa, (the appellant), had hatched a conspiracy with the militants and killed a J&K Police the sub-Inspector Imtiyaz Ahmad Mir on 28th of October 2018. His body was dumped at Wahibugh village of Pulwama district.
Offences under Section 302 RPC read with Section 7/27 Arms Act, Sections 13 and18 UAPA and Section 120-B RPC were leveled against the duo who were later on taken into custody.
Statements recorded in police custody revealed that the Saiqa was quite friendly with her co accused Ansarul Haq as well as with the deceased sub-Inspector Imtiyaz.
On the day of occurrence, she met the deceased at Srinagar and this meeting was arranged by her at the instance of Ansarul Haq.
“She accompanied Imityaz, the police officer, in a vehicle and led him to a place from where he was shifted to another vehicle in which militants were also travelling. She was dropped by accused Ansarul Haq at Pulwama”, reads the police report.
It further says that in the same evening, the photographs of dead body of the deceased Sub-Inspector were sent by accused Ansarul Haq to Saiqa on her mobile phone.
After being arrested Saiqa moved Court of Principal Sessions Judge, Pulwama for grant of bail who also exercised the powers of Special Judge Designated under NIA Act.
The Principal Sessions Judge, Pulwama admitted Saiqa to interim bail on medical grounds till 25.03.2019. On 1st of March 2019 he transferred the bail application to Additional District and Sessions Judge (TADA/POTA) court Srinagar for further proceedings.
The TADA/POTA court dismissed the bail application of Saiqa on 28th of September 2019.
The judge concluded “taking into consideration the nature and gravity of the offence, the larger interest of the State coupled with security of the State, the accused is not entitled to concession of bail”.
A two judge bench comprising Justices Dhiraj Singh Thakur and Sanjay Dhar after hearing the appeal of Saiqa through her lawyers dismissed it and upheld the judgment of the TADA /POTA court.
It observed that the accused lady is alleged to be involved in not only offence under Section 302 RPC which carries punishment of death or imprisonment for life, but is also alleged to have committed offences under Section 13 and 18 of the Unlawful Activities Prevention Act, 1967.
“Not only the provisions contained in clause (i) of the Sub-section (1) of Section 437 of Cr.P.C., but the provisions contained in Section 43D of the 1967 Act are also attracted to this case for the reason that Section 18 of the Act falls under chapter IV of the UAPA”, it said.
It said that in view of the relevant provisions of law, “the appellant/accused for making out a case for grant of bail on merits has to show that the material attached to the charge sheet do not make out reasonable grounds for believing that the accusation against her is prima facie true. It has to be established there do not appear reasonable grounds for believing that she has been guilty of an offence punishable with death or imprisonment for life, i.e., offence under Section 302 RPC”.
“All these circumstances which are supported by the material on record go on to show that the accused/appellant was deeply involved in the conspiracy to eliminate the deceased police officer”, the division bench held.
“After having analyzed the charge sheet and the documents attached thereto, we find ourselves in agreement with the findings and the conclusion secured by the Special Judge in the impugned order”, the division bench said.
