Principal Sessions Judge Reasi Kamlesh Pandit rejected the bail pleas of Abdull Aziz and Mohd. Ashfaq alleged Over Ground militants of ISI.
As per the police report on 05.08.2020 Police Station Mahore came to know from reliable sources that some over ground militants on the secret direction of ISI agency of Pakistan, are conspiring to wage war against the Govt. of India and to derail the integrity and sovereignty of India and also to recruit local persons for carrying attacks on the security forces. On this information case under FIR No.63/2020 came to be registered in Police Station Mahore for the commission of offences U/Ss 120- B,121,122,123 & 124 IPC and investigation was handed over to Sh.Rattan Singh Inspector/SHO of Police Station Mahore, who during investigation found prima facie material against the accused persons/applicants herein for the commission of offences stated herein above and accused persons were also subjected to investigation in JIC centre Jammu, report of which is awaited and investigation is still in progress.
Principal Sessions Judge Reasi Kamlesh Pandit after hearing both the sides observed that As per the police report the investigation is still in progress. Prima facie there is material against the accused persons which cannot_be brushed aside when the integrity and sovereignty of a country is involved. In such given exceptional circumstances right to personal liberty is bound to be a causality. Offences allegedly committed by accused persons are considered to be gravest crimes known to society and by the laws of every country and the traitors are liable to severest punishment. It is a crime directed against the very existence of the state itself and is therefore peculiarly odious. The offences involved aim at destroying the sovereignty, integrity and security of the nation. Therefore, while considering the facts and circumstances and the involvement of the accused persons in the nature of offences, this court is not in a position to extend discretionary jurisdiction in favour of the accused persons. Also the offences alleged to have been committed by the accused persons are very heinous and against the nationality as well as public interest and also against the vast humanity ,so require to be nipped in the bud. Court further observed that As already stated the investigation is in progress and no further comment is required from this court on merits at this stage. Consequently as a sequel of all to what has been discussed herein above, the bail application of the accused persons is hereby out rightly rejected. JNF