Two days after a UAPA court granted bail to a Health Department pharmacist, calling the charges under the stringent Unlawful Activities (Prevention) Act [UAPA] as an attempt to “falsely implicate” him, Jammu and Kashmir Police Saturday said they will appeal against the bail order.
Zahoor Ahmed, who was posted in Renia, of Marwah tehsil, was arrested in Kishtwar’s Dachhan area on January 6.
On Thursday, Special UAPA Judge Sunit Gupta had called the charges “a successful attempt to falsely implicate” him and said that Ahmed should be released “forthwith” from Jammu Central Jail on interim bail subject to him furnishing a surety bond of Rs 25,000, and if he is not named in any other case.
On Saturday, SSP, Kishtwar, Harmeet Singh told the media that Ahmed has been granted bail by the court on “technical grounds” in one of the cases registered against him under UAPA. He said, “We had evidence against him and we had kept a photocopy of the evidence in that particular case. We will take up the case with the judiciary again.”
SSP Singh said Ahmed is “involved in anti-national activities’’.
In his bail order, Special Judge Gupta held that there was no evidence of Ahmed’s involvement in any offence under UAPA and that he was only “performing his professional duty” if he was intending to deliver medicines even to a terrorist. The court said, “The offences attributed to him are with regard to unlawful activities, conspiracy, harbouring of terrorists and…support given to the terrorist organisation. None of these offences have even been alleged by any of the prosecution witnesses whose statements were recorded by the IO (investigating officer)…or even the witnesses whose statements were recorded under Section 164, CrPC.”
The court held that “(on) the strength of the said copy of the statement, the IO has made a successful attempt to falsely implicate Zahoor Ahmed.”