.::.Umer Abdullah rehabilitation policy hits roadblock
Asif Iqbal Naik
Kishtwar, Oct 19 : Omar’s rehabilitation policy received a severe setback today when the Chief Judicial Magistrate (CJM) Kishtwar rejected bail of a youth who just returned from Pakistan.
The CJM rejected the bail on the basis of fresh charges slapped against the youth under section 120-B/121 of RPC, 7/27 I.A Act and 2/31 EMICO for remaining underground for a long time of over 11 years in different parts of Pakistan.
The bail application was moved by the accused through his counsel pleading therein that he is not involved in any anti national activity. The counsel of the accused pleaded that police under the grab of some FIR with the ulterior motive to cause harassment and humiliation to him arrested the accused few days back on some baseless accusations.
It was further pleaded that the accused was innocent having no criminal background and had been indicted in a false and frivolous case by the police. On this the report of Police was called on along with CD file and Prosecuting Officer (PO) Mansoor Ahmad Sheikh was directed to submit the objections. The P.O objected the bail on the count that the accused is involved in FIR No: 260/2012 for the non-bailable offences.
While objecting the bail plea, PO argued that the accused was absconding from his house and was residing in different areas of Pakistan for the last more than 11 years as such the accused has to be interrogated and the investigation is at initial stage. He further argued that the accusation against the accused are serious in nature of waging war against the state and also crossed the International Border, thus owing to his conduct /character that he is not entitled to any concession and if the accused is released on bail there is every likelihood of his jumping over the bail.
The CJM observed that the accused has been arrested in FIR No: 260/2012 of Police Station Kishtwar for the offence under section 120-B/121 of RPC and section 7/27 I.A Act, 2/3 IEMICO reveals that the accused has been arrested on 28th of September 2012 and the investigation is at initial state and the prima facie offences are made out against the accused.
It was further observed that the offences alleged against the accused under section 120-B/121 of RPC carries punishment up to the life imprisonment or death penalty, thus in such a serious offence, while considering the bail application of the accused , the court has to take into consideration various factors. While taking the statement of prosecution, witnesses recorded under section 161 CrPC fully supports the case of prosecution, beside CJM has further referred the reference of case titled Anwari Begum V/S Sher Mohammad and Others, decided by Supreme Court and reported in AIR 2005 Supreme Court 3530 and Sanjay Sharma V/S State of J&K, decided by High Court of J&K and reported in 2003, 20 SLJ. After considering the facts and circumstances rejected the bail of accused.
As already reported, Mohammad Ramzan denied the police allegations stating that he was kidnapped by the militants from his residence in year 2001 when he was only 12 years old and taken to Pakistan via Poonch border and since then he was residing with his relatives in Sialkot Pakistan before returning to his native land.
The family members said that Mohammad Ramzan surrender at Kishtwar cames in wake of state government rehabilitation policy for which the family had already applied through proper channel. The family members demanded that he (Mohammad Ramzan) must be given the same benefit as was given to other youth including top militant commanders who were set free by the police within few days of their surrender under state rehabilitation policy. The family also denied police claims that Ramzan was arrested by the police from Gudhali Chowk Kishtwar.
This is the first case where the return of a youth from Pakistan under amnesty package has been blocked.
It is pertinent to mention here that the Superintendent of Police Kishtwar, has already placed under suspension the Investigating officer ASI Firdous Ahmad Giri in the above titled case for tempering with the records with a motive to facilitate the bail for accused and his acquittal from the charges. The investigation has been entrusted to Chief Prosecuting Officer, Kishtwar Subash Chander Sharma.
However the suspended ASI denied the allegation and has leveled serious allegations over senior officers for forcing him to give the report as per their wishes.