“Nothing in the file, even remotely, which constitutes prima facie evidence against the accused”
Srinagar: A special NIA tribunal here in Srinagar has severely criticized law enforcement authorities for failing to produce evidence against the defendants in the Kashmirfight Blog case and the Shujat Bukhari murder case.
The court noted that this case is moving towards article 169 CrPC (in which the accused can be released due to lack of evidence).
The NIA court judge, while hearing the bail applications of Sofi Mohammad Akbar and Tabish Akbar Rehmani, who were arrested under FIR 51/2018 and 41/2021, noted that in both FIRs, the investigator had not gathered sufficient evidence against the accused. and there is nothing in the file, not even remote, that constitutes a “prima facie” case against these people.
Special Judge Manjeet Singh Manhas noted that it is the mandate of the law that the evidence on the record must constitute prima facie case against the accused, but âin this case the evidence on the record and the circumstances do not negate a chain of events which could lead to the logical conclusion that the accused appears to have been linked to the alleged offenses.
âThis chain of events is missing in this case. To date, no prima facie case has been established against the accused, âJudge Manhas said.
The court also noted that bail is granted to a person in FIRs where offenses under different penal codes are said to have been committed in the police report, but in this case even no prima facie evidence has been found. been produced and therefore even the bail is not required but full version instead.
“It is not necessary to give a bond in these FIRs where there is no prima facie case,” said Judge Manhas.
This year, the police claimed to have made a major breakthrough in arresting those behind “intimidation” against social activists, political leaders, government agents and journalists, in several raids in the neighborhoods of Srinagar and Poonch from J&K.
The IGP had informed that five people had been arrested, including four from Srinagar, during the operation, namely Nazish Yasrab Rehmani and Tabish Akbar Rehmani from Sanat Nagar, Sofi Mohammed Akbar from Rajbagh, Peerzada Raqif Makhdoomi from Batpora, Hazratbal and Javed Khalid. by Poonch.
âThe blog Kashmirfight.wordpress.com was run by a white-collar terrorist union whose task was to prepare a strategic roster of government officers, journalists, social activists, lawyers, political officials who were assessed by the union as responsible for having undermined the overriding objectives of promoting and sustaining the terrorist program supported by Pakistan with the eventual aim of secession of Jammu and Kashmir from the Indian union and its possible annexation with Pakistan, âthe IGP said.