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.
    Reply
    1. K
      khan
      May 26, 2016 at 3:50 am
      There are someone to snub s
      Reply
      1. C
        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.
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        1. d
          dv1936
          May 26, 2016 at 4:51 am
          A traitor is set free because of ic way in which law enforcement agency acted
          Reply
          1. G
            Gautam
            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.
            Reply
            1. D
              Dr wani
              May 26, 2016 at 6:20 am
              Well under the draconian law " AFSPA" the army and security forces could have shot him dead and they could have been awarded the gallantry award . What a democracy you Indian democracy ???
              Reply
              1. H
                harun
                May 26, 2016 at 8:47 am
                Wish the Questions raised are looked into by other Judges as well in cases were the Cops after custodial interrogation seek Judicial custody of the accused.lt;br/gt;lt;br/gt;Defies logic,how you can have a accused i Jail after you have completed the custodial interrogation.lt;br/gt;lt;br/gt;This has been the case in so many cases,ppl have rotted in jail for decades ,just because the Cops wanted to send the bloke to custody and Court agreed.lt;br/gt;lt;br/gt;The incompetence of the Cops cannot be a excuse to violate the rights of Citizen.
                Reply
                1. S
                  Suresh Hattangadi
                  May 26, 2016 at 1:54 am
                  It is good thing that judge acknowledged JandK is a part of Indian Union. His reference to Guantanamo was uncalled for.It has become fashionable with judges to serve homilies after SC started doing it.
                  Reply
                  1. N
                    NArayan
                    May 26, 2016 at 7:24 am
                    if this judege weren't a judge, he'd have been a stone thrower in the valley.....
                    Reply
                    1. N
                      NArayan
                      May 26, 2016 at 7:26 am
                      well they could have, but they didn't. they know their powers and know how and when to use it. they'd have been shot dead by commom man if it were in your home country pak....i gues you left pak to become a refugee in some developed country
                      Reply
                      1. N
                        NArayan
                        May 26, 2016 at 7:27 am
                        your name is khan and you are a stone thrower
                        Reply
                        1. K
                          k s
                          May 26, 2016 at 3:06 am
                          The police should have constructed a good case and have this anti-national in jail for a very long time. They wasted months without having a tight case against him. In everyone's eyes, he is an anti-national, no doubt . The police let him off. Now, the police should be booked for keeping a man without a tight case in jail for a long period.
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                          1. M
                            Maaz Kalim
                            Jun 24, 2016 at 12:06 pm
                            'Liked' your comment by mistake[, due to "amazing" IE mobile comment section scripting my "amazing" smartphone]!!! Here's the actual response: #ContemptofCourt
                            Reply
                            1. M
                              Maaz Kalim
                              Jun 24, 2016 at 12:16 pm
                              It seems your lone job is "trolling"!!! Peace. :|
                              Reply
                              1. M
                                Maaz Kalim
                                Jun 24, 2016 at 12:03 pm
                                Well said, couldn't agree more!!! :)
                                Reply
                                1. M
                                  Maaz Kalim
                                  Jun 24, 2016 at 12:04 pm
                                  Well said, couldn't agree more!!! :)
                                  Reply
                                  1. M
                                    Maaz Kalim
                                    Jun 24, 2016 at 12:18 pm
                                    Well, noting wrong with citing actual case-studies to make your point "irrefutable"...!!! :)
                                    Reply
                                    1. M
                                      Maaz Kalim
                                      Jun 24, 2016 at 12:11 pm
                                      Well, whether you checked his profile or not?? How could you ume he's a stani citizen?? :/ Oh, only because of the reason he termed 'AFSPA' as “draconian law”?? :o Now, hope that you're not "trolling" him...!!?
                                      Reply
                                      1. A
                                        Anand Ch
                                        May 26, 2016 at 1:32 am
                                        No one should try to exploit the lenience. He has done insulting action and must be punished. Lofty ideals need not be taken as an excuse to let off an offender. Yes India might need severe criminal codes to deal with terror actions.
                                        Reply
                                        1. R
                                          Raider
                                          May 26, 2016 at 10:18 am
                                          The government in the state of JK is alliance of Modiji, govt not opposed strongly so he got his freedom. Modiji is a liberator of terrorists.
                                          Reply
                                          1. R
                                            Rakesh Kapoor
                                            May 26, 2016 at 6:29 am
                                            This is a really serious matter for the Country and JK state, because this man will bring the State Government to its knees.I hope Rajnath Singh takes charge alongwith NSA Doval and not leave it to that hapless Lady Ms Mufti ,who could not bring up the courage to ume responsibility for 3 months. Please stop telling that this is a State matter because Country is going to be hit badly and note my words today.
                                            Reply
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