Srinagar, Sept 4, KDC: A Special NIA Court in Jammu has denied interim bail to a Budgam man who sought temporary release to attend his sister’s wedding, despite his plea that he was the only brother of seven sisters and that his father was bedridden and unable to make arrangements for the ceremony.
The court, however, permitted Mohd Iqbal Rather to attend the wedding virtually, directing the Superintendent of Central Jail, Agra, where he is lodged, to facilitate video conferencing with his family on September 5 and 6 from 11 am to 1 pm.
Special Judge NIA Cases Jammu Prem Sagar, in an order passed on September 3 (Thursday), said there was no material before the court to establish that Rather’s physical presence was indispensable for the wedding. The court also held that the circumstances cited by him did not override concerns relating to “national security, public order and safety of citizens” raised by the prosecution.
Rather, who is facing trial in two NIA cases — RC-29&30/2018/NIA/DLI and RC-02/2019/NIA/JMU — had sought 10 days’ short-term interim bail from September 5 to 10, saying he was the only male member available to perform the social, religious and ceremonial responsibilities connected with his sister’s marriage.
According to the application, Rather is the only brother of seven sisters and his father has been bedridden for several years because of a serious stomach ailment. It was argued that there was no other male member in the family who could undertake the responsibilities associated with the wedding. Rather had also undertaken to surrender before the jail authorities immediately after the period of temporary release.
The National Investigation Agency opposed the plea, arguing that the seriousness of the allegations and the statutory restrictions under the Unlawful Activities (Prevention) Act could not be diluted on humanitarian grounds.
The prosecution alleged that Rather, along with co-accused Ashaq Ahmad Nengroo, travelled from Pulwama towards Jammu in September 2018 in a truck. It alleged that the truck was later used to receive three terrorists near Bain bridge on the Jammu-Pathankot highway and transport them, and that the three men opened fire on a police party during checking of the vehicle at a dhaba near Jhajjar Kotli before escaping. Arms and ammunition, along with other incriminating material, were allegedly recovered from the truck.
The NIA further alleged that Rather had conspired with other accused persons and knowingly facilitated terrorist activity by associating with a proscribed terrorist organisation. It also alleged that he had assisted Nengroo, who the prosecution said was working for Jaish-e-Mohammed, on several occasions in receiving and transporting terrorists to different locations in Jammu and Kashmir. These are prosecution allegations recorded in the order and have not been adjudicated as established facts in the present proceedings.
Opposing the interim bail, the NIA argued that being the only brother of the bride did not create a legal entitlement to temporary release. It also said that the applicant had placed no material to show that the marriage could not be solemnised in his absence or that his physical presence was mandated by any statutory or religious requirement.
The agency also cited concerns about the possibility of the accused influencing witnesses or tampering with evidence if released, and relied on the stringent bail restrictions under Section 43-D(5) of the UAPA.
The court accepted the prosecution’s objections in the circumstances of the case.
“There is no material placed on record by the applicant/accused to show that health condition of father who is not physically capable of making the necessary arrangements for the marriage and presence of applicant/accused is indispensable for the said wedding,” Justice Sagar observed.
The judge noted that, given the proximity of the wedding dates, preparations were presumed to have already been completed and that the remaining rituals and customary obligations could be performed by other family members or the father.
The court also relied on the J&K and Ladakh High Court’s August 7 judgment in Waheed Ul Zahoor v National Investigation Agency Jammu, in which the High Court upheld the rejection of interim bail sought by an accused to attend his sister’s marriage. In that case too, the High Court stressed the need to balance the personal circumstances of the accused against the nature of the allegations, the statutory framework and security considerations.
In Rather’s case, the court said the submissions made on his behalf did not override the prosecution’s concerns.
“The submissions put forth by the L/C do not over ride concern of National security, public order and safety of citizens as alleged by the prosecution viz a viz personal interest of the applicant/accused,” the court said.
Rather than completely denying him participation in the family occasion, however, the court adopted what it described as a “humanitarian approach” and directed that he be allowed to attend the marriage ceremony through video conferencing.
The Superintendent of Central Jail, Agra, was directed to facilitate the video conference between Rather and his family members on September 5 and 6 from 11 am to 1 pm, with the jail authorities asked to provide the link to the family in advance. The application was accordingly disposed of. (KDC)
