August 25, 2021 7:49:41 am
THE SPECIAL court of the National Investigation Agency (NIA) here has dismissed the bail application of a Kashmiri student who was arrested in 2018 for his alleged involvement in terror activities.
The court of NIA special judge Karunesh Kumar, while pronouncing the order, said that after having considering the submissions by the counsel for applicant Suhail Ahmed Bhat as well as the special public prosecutor, it was found that the application deserves to be dismissed.
The orders further stated that the records reveal that an FIR was registered at Sadar Jallandhar police station in October 2018 and thereafter, the NIA took over the investigation and re-registered the FIR.
Bhat was arrested on October 11, 2018. “During investigation, it came on record that Bhat had carried out recce on Dera Bassi police station in October and November 2017 in preparation of carrying out an attack on it to destabilise the law and order in Punjab. It has also come on record that the he made an abortive attempt to throw grenade at the bus stand, Sectors 17 and 43 in Chandigarh in July 2018 on the directions of then AGH ( Ansar Ghazwat-ul-Hind) chief Zakir Musa to destabilise law and order in Punjab, thereby waging war against India,” the order said.
It further stated that Bhat introduced accused Zahid Gulzar to Zakir Musa and motivated him to carry out unlawful activities in Punjab. “Bhat recruited Gulzar who then collected consignment on the directions of Zakir Musa to carry out attacks at important installations in Punjab,” it said.
It said: “The court is of the considered opinion that there is reasonable grounds for believing that the accusation against the accused is prima facie true. Keeping in view of the gravity and nature of the offence involved, this court is not inclined to grant bail to the Bhatt and as such, the bail application stands dismissed.”
Three students — Gulzar, Yasir Rafiq Bhat and Mohammad Idriss Shah — were arrested by Jalandhar police from the hostel of CT Institution at Shahpur campus. The police said that the trio was associated with terror group AGH. Police also recovered a rifle with two magazines and 54 live rounds, a pistol with two magazines and 31 live rounds and explosives weighing about 1 kilogram from their possession.
Defense counsel Jaspal Singh Manjhpur, appearing for Bhat, submitted that the FIR against his client is not by name, and that he has been falsely implicated.
Special Public Prosecutor of NIA, H S Oberoi, submitted that there was ample evidence against Bhat in the form of oral and documentary evidence and admitted by him in his disclosure memo. The same has also been corroborated by the co-accused. He further submitted that Bhat has made his disclosure in the presence of executive magistrate, Jalandhar, and other witnesses in which he has admitted that he was a follower of Zakir Musa since 2013 and on his instructions, downloaded messaging apps. Zakir Musa had numerous cases of UAPA and murder against him. Bhat further admitted that he was a member of Hizbul Muzahideen since 2013 and a member of AGH, both sponsored by Pakistan’s ISI.
The NIA prosecutor submitted that it is always apprehended that many of the prosecution witnesses are from J&K and they are likely to be criminally intimidated. More so, if he is given bail, he will flee to Pakistan. Since the Government of India has no extradition treaty with Pakistan, it will not be possible to secure his presence and he shall be living in Pakistan under the cover of ISI.
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