Principal Sessions Judge Reasi Kamlesh Pandit rejected bail application of Over Ground Worker of ISI.
While rejecting bail application of Shabir Ahmed S/o Mohd. Din R/o Balmatkote Tehsil Mahore, Principal Sessions Judge Reasi Kamlesh Pandit observed that Objections have been filed by the prosecution, in which strong exception has been taken to this bail application of the applicant/accused person by pleading that accused person conspired to wage war against the Govt. of India with the help of ISI agency of Pakistan and has closed contacts and association with terrorist organizations. It has been further pleaded in the objections that accused person had conspired to erode the sovereignty and integrity of the State and the accused person/applicant herein is involved alongwith other co accused in very heinous and serious offences. It has been further pleaded that the accused person/applicant herein is very hard person and once bail is granted to him, he will flee from the procedure and get absconded.
Principal Sessions Judge Reasi Kamlesh Pandit observed As per the police report on 05.08.2020 Police Station Mahore came to know from reliable sources that some over ground workers on the secret directions 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 person/applicant herein and other accused persons, for the commission of offences stated herein above and accused persons were also subjected to investigation in JIC centre Jammu, report of which is still awaited and investigation is in progress.
Principal Sessions Judge Reasi Kamlesh Pandit further observed that as per the police report the investigation is still in progress. Prima facie there is material against the accused person 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 person in the nature of offences, this court is not in a position to extend discretionary jurisdiction in favour of the accused person/applicant herein. Also the offences alleged to have been committed by the accused person 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. With these observations, the Court rejected the bail application.