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Masarat Alam gets bail, judge says India can’t have Guantanamo

Alam was arrested for allegedly unfurling the Pakistani flag and raising slogans at a Hurriyat rally in Srinagar.

Written by Bashaarat Masood | Srinagar | Updated: May 26, 2016 9:21 am
Masarat Alam, Masarat Alam bail, Hurriyat, PDP BJP alliance, Hurriyat Hardliner, Masarat Alam arrest, Masarat Alam Pakistan flag, hurriyat pakistan, hurriyat india, india news The court also questioned the police for seeking Masarat Alam’s detention time and again.

Coming down heavily on the Jammu and Kashmir Police for what it called the “extra-judicial detention” of separatist leader Masarat Alam, a Budgam court on Wednesday said “situations like Abu Ghraib and Guantanamo Bay cannot be tolerated” in India.

Granting bail to Alam, Chief Judicial Magistrate Budgam Masarat Roohi said: “So long as this part of the country is part of the Indian union, to which this court has no doubt, situations like Abu Ghraib and Guantanamo Bay cannot be tolerated, at least in cases which are raised in the courts…”

Ordering Alam to furnish two surety bonds and a personal bond of Rs 2 lakh each for his release, the court observed: “The police station doesn’t require him for custodial interrogation in police remand, but seeks his judicial custody… This kind of custody, in the opinion of this court, amounts to extra-judicial custody which cannot be sanctioned by any legal means.”

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The court also questioned the police for seeking Alam’s detention time and again. “If such a trend is sanctioned by the courts of law… (considering) the might of the state with an approximate number of more than 200 police stations, with every police station registering an FIR, granting 90 days of exhaustive remand… before the accused reaches a court of law for trial, he would have already spent 49 years and three months in jail, thus negating the whole presumption of innocence of the accused guaranteed to him by law,” said the court.

“The fact remains that the accused is involved in an offence as alleged in the FIR. But the accused hasn’t been detained for 90 days, but many 90 days commencing from April 15, 2015,” said the court. “If the accused is anti-national and detrimental to society, let the state discharge its duty in bringing the guilty to book so that they are punished suitably… However, despite the fact that the state alleges the accused to be anti-national, the right of the accused as guaranteed by the Constitution and principles of justice… can’t be denied to the accused indefinitely,” said the court.

Alam, who was arrested in 2010 for spearheading protests in the Valley, was released in March last year, when Mufti Mohammad Sayeed took over as chief minister. However, he was arrested a month later for allegedly unfurling the Pakistani flag and raising slogans at a Hurriyat rally in Srinagar.

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  1. I
    IML sood
    May 26, 2016 at 1:38 am
    Yes it is a matter of joy for anti national,but mind it such joy is always short lived and consequences are hard to bear.Humane Liberty can never mean that they could be allowed to kill innocent by these terrorists acts.He may get Liberty for some time as per courts judgment but in face of his disruptive activities the police and para forces has the power to eliminate such elements to save others.
    1. K
      May 26, 2016 at 3:50 am
      There are someone to snub s
      1. Chetan Chandra
        Dec 28, 2016 at 4:57 pm
        This is very strange on the part of the JandK police for providing in-sufficient evidences,leading to the release of this moron and killer of innocents.
        1. d
          May 26, 2016 at 4:51 am
          A traitor is set free because of ic way in which law enforcement agency acted
          1. G
            May 26, 2016 at 7:34 pm
            Indians have given long rope to Kashmir, Indian people are displaced and living in camps in Jammu because the majority religion threw them out, what kind of democracy we are giving to them. We need to enforce laws strictly and give away diverse position on nationality. Every Indian has equal rights in every part of India irrespective of caste creed or religion.
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