HC refuses bail as OGWs yet to complete 5-yrs under UAPA

Excelsior Correspondent
SRINAGAR, June 16: High Court has refused to grant bail to two Over Ground Workers (OGWs) citing both a short of having completed five years of trial in a case registered against them under Unlawful Activities (Prevention) Act.
Bilal Ahmad Kumar of Heff Shirmal, Shopian and Tawfeeq Ahmad Laway of Pushwara Khanbal, Anantnag facing trial for carrying explosive substances and arms, filed appeals before the High Court against the order of rejection of bail to them by the court below.
The Division Bench of Justice Rajnesh Oswal and Justice Sanjay Parihar dismissed both appeals and refused to grant bail to both the persons citing that their involvement as is evident from prosecution record in furtherance of terrorist activities backed by members of terrorist organization that is why two of their accomplices were killed in an encounter during the currency of the investigation.
“So mere delay in trial that too pertaining to grave offences as the one involved cannot be urged as a ground for granting bail. We neither find any kind of perversity in the order impugned nor any mitigating factor to warrant a view of granting bail to the appellants. Consequently, the appeals lack merits are therefore dismissed leaving appellants free to take chance afresh before the trial court, if advised so”, the DB concluded.
“Here comes the duty of the court to ensure that while balancing the rights of an under-trial on the touchstone of liberty, one must not lose sight of the fact that nothing is above the sovereignty and integrity of the nation besides peace and tranquility to the public at large”, the bench said.
The court said that both the appellants have already undergone more than four years of custody whereas, trial is underway and eleven witnesses have been examined. The offences for which appellants are being tried carry imprisonment extending up to life and for some, the imprisonment is for ten years and still they are short of having completed five years of trial, so the bail on such ground cannot be asked for as a matter of right.
“From the evidence collected and the statements of the witnesses, as many as six accused including the appellants were found involved in hatching criminal conspiracy against the sovereignty of India and based upon evidence, were found to be involved in militant activities carrying explosive substances for committing a terrorist act. Appellants, therefore, have been charged under Sections 18, 23, 39 UA(P) and 7/25 Arms Act and so they are under trial”, read the judgment.
“The factum of recovery of explosive substance from the possession of the appellants gave rise to commission of offences under Section 23 (enhanced penalties) coupled with Section 18 which provides that ‘whosoever conspires to commit a terrorist act or any act preparatory to the commission of the terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years or which may extend to imprisonment for life and shall also be liable to fine”, the bench recorded.
Underlining the provisions of Unlawful Activities (Prevention) Act, the bench said it is to curb terrorist activities and make stringent laws to ensure there is zero tolerance of such acts. This is because what such activity intends to achieve is to bring insecurity amongst the general public who feel terrorized so they can follow the dictates of such an organisation whose sole objective is to harm national interest and undermine the sovereignty and integrity of the nation.

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