SRINAGAR: A court here on Monday sentenced a Pulwama resident to ten years of rigorous imprisonment and imposed Rs 1 lakh fine on him, a week after convicting him for possessing huge quantity of contraband including over a quintal of "Bangh leaves" and 1.2 kgs Charas,.    

“…convict namely, Abdul Hamid Bhat S/o Mohammad Ismail Bhat R/o Lelhar Kakapora is sentenced to rigorous imprisonment of 10 years and fine of Rs. 1,00,000/- (Rupees one lac only) is also imposed,” said Principal Sessions Judge  Pulwama Naseer Ahmad Dar.

“In case of default of payment of fine the convict shall further undergo simple imprisonment of three months,” the court said, as per copy of the quantum order, a copy of which lies with GNS, and ordered that Bhat shall be lodged in Special Jail (Correctional Home) Pulwama for serving the rest of the sentence.

“The period of detention already undergone by the convict during the investigation and trial of the case shall be set off.”

The court observed that a huge quantity of Narcotic drugs has been recovered from the house of convict. 

“The drug abuse and drug peddling is increasing in our society day by day. The legislature had incorporated stringent penal provisions in the NDPS Act with the object to curb this menace,” the court said.

The deterrence is sometimes need of an hour in order to send a message to likeminded people who are indulging in this menace, the court said.

“A murderer can be held guilty for murder of one or few human being but the drug abuse is  taking away precious lives of several human beings on daily basis especially youth of our society who are the most effected by this menace,” the court said, adding, “These accused persons who are indulging in the illicit trade of these drugs are actually responsible for the killing of human beings who die due to consumption of such drugs.”

 Hence, the court said, while passing the sentence upon such accused/convict found guilty under NDPS Act, no leniency should be shown, otherwise the purpose behind incorporation of stringent penal provisions in the Act would be meaningless.

According to the prosecution story, on 7 October 2018, the police station Kakapora received information from a reliable source that Bhat has concealed huge quantity of contraband substance in his residential house at Lelhara Kakapora, for illicit trade. On this, police filed FIR No. 42 of 2018 under sections 8/20 of NDPS Act. Later a police party under the supervision of DySP HQ proceeded towards Bhat's residential house and during the search they recovered nine bags of apparently Bangh leaves besides Charas powder like substance was found in one bag. The contraband substance was weighed in presence of DySP and was found 104.4 Kgs from nine bags while one bag was found containing 1.200 Kgs Charas. Bhat was subsequently arrested.

"The prosecution has been able to establish and prove its case against the accused beyond all shadow of doubt," the court had said while convicting Bhat on March 18, adding, "I accordingly hold the accused namely Abdul Hamid Bhat guilty of the offence punishable u/s 20 of the NDPS Act."  (GNS)

SRINAGAR: A court in Pulwama has convicted a person from whose possession police had recovered huge quantity of contraband including over a quintal of "Bangh leaves" and 1.2 kgs Charas at Kakapora area of the south Kashmir district in 2018.

"The prosecution has been able to establish and prove its case against the accused beyond all shadow of doubt,"  Principal Sessions Judge Pulwama Naseer Ahmad Dar said, as per copyofthejudgment with GNS, adding, "I accordingly hold the accused namely Abdul Hamid Bhat guilty of the offence punishable u/s 20 of the NDPS Act." The court is likely to announce quantum of punishment on March 22.

According to prosecution story, on 7 October 2018, the police station Kakapora received an information from a reliable source that Bhat has concealed huge quantity of contraband substance in his residential house at Lelhara Kakapora, for illicit trade.

 On this, police filed FIR No. 42 of 2018 under sections 8/20 of NDPS Act. Later a police party under the supervision of DySP HQ proceeded towards Bhat's residential house and during the search  they recovered nine bags of apparently Bangh leaves  besides Charas powder like substance was found in one bag.

The contraband substance was weighed in presence of DySP and was found 104.4 Kgs from nine bags while one bag was found containing 1.200 Kgs Charas. Bhat was subsequently arrested.(GNS)

SRINAGAR: A fast-track court here on Saturday held a resident of Bihar guilty of kidnapping and raping a 15-year-old girl in Habba Kadal area of Srinagar in 2015.

 “This court is of the considered opinion that prosecution has beyond any reasonable doubt succeeded in establishing its case fully, by way of reliable and clinching evidence and the documents placed on record have been fully proved and exhibited during trial, on the basis of which, no conclusion other than guilt of the accused stands established, as such accused is liable to be convicted for the offence punishable under Sections 363 and 376 of RPC,” said Renu Dogra Gupta, 2nd Additional Sessions Judge (Fast Track Court pertaining to rape cases).  

“This court accordingly convict the accused namely Santosh Kumar Paswan S/o Saider Paswan R/o Lalpora Bhim Nagar Bihar in the case FIR No.32 of 2016 of Police Station Kralkhud Srinagar for the commission of the offences punishable under Sections 363 and 376 of RPC,” the court said as per judgement, a copy of which lies with GNS. The court is likely to announce quantum of punishment next week.  AAP Farooq Ahmad Malik represented prosecution before the court.  

The police had filed the charge-sheet against Paswan regarding kidnapping and rape of the minor girl (name withheld) in 2016.  

According to prosecution, on 1 September 2016 a complainant was lodged with the police of Police Station Kralkhud to the effect by girl’s father that in his house a person namely Santosh Kumar Paswan was doing mason work and after completing his work at his home, he often used to visit his house.

The complainant said his daughter (name with-held) was missing from her house and that he is having strong doubt that she has been enticed. During the course of search, the girl and kidnapper were found riding on a motorcycle near Humhama and going in suspicious condition towards Airport, the prosecution said.  Subsequently, the prosecution said, they were apprehended and brought to Police post Humhama. The motorcycle, Air Tickets of accused and prosecutrix from Srinagar to Delhi were seized, the prosecution said.

The medical examination of the prosecutrix (girl) was conducted by a doctor who has reported that in the womb of the prosecutrix a fetus of about 10 weeks and 6 days is present.

Actually, the prosecution said, the accused used to go to her home and after taking benefit of minority and immaturity of the victim, the kidnapper had established illegal terms with the girl. (GNS)

SRINAGAR: Srinagar Court on Saturday convicted a father for sexually assaulting her minor daughter in 2021.

After hearing Additional Public Prosecutor Muhammad Maqbool Shah and defence counsel, the Fast Track Court of Court for POSCO, Srinagar, presided over by Aarti Mohan said that prosecution has established the guilt of the accused beyond reasonable doubt.

“The prosecution has also succeeded in establishing offence of sexual harassment also against the accused person,” the court said.

“The accused is accordingly convicted and the file shall come up for arguments on quantum of punishment on 11 December 2023. The accused who is currently on bail be forth with arrested and sent to Central Jail Srinagar,” reads a judgement, a copy of which lies with Srinagar based news agency Kashmir Dot Com.

As per prosecution, the convict was ‘forcing’ her minor daughter for intercourse, using vulgar language, touching private parts and threatening her against disclosing the same to anyone. 

The victim had filed the case in Police Station Nowgam in 2021 who after completion of investigation, chargesheet under FIR no 95/2021 was presented before court on 25-08-2021. (KDC)

SRINAGAR: The High Court of Jammu Kashmir and Ladakh has quashed the detention of a Central Kashmir man under the Public Safety Act and ordered his immediate release from the jail.

The detenue Muhammad Saleem Dar son of Ali Muhammad Dar, a resident of Aripanthan Budgam as per the news agency Kashmir News Trust had been arrested in April 2022 and currently has been lodged at Kot Bhalwal Jail Jammu.

The Counsel for the detenue Advocate Bashir Ahmed Tak submitted that Dar had been implicated in a case registered against him in 2003 on the grounds that he was a threat to the security of the state.       

The Counsel for the petitioner stated that on a number of occasions, the State machinery tried to implicate the petitioner in false and frivolous cases, even one of the detention orders bearing no. DHB/PSA/41 of 2005 dated 23.01.2006 has been revoked by the State Advisory Board on 24.03.2006. The material and the vital facts of acquittal in these FIRs, and revocation of earlier detention orders have not been placed before the detaining authority which would have influenced the mind and subjective satisfaction of the detaining authority.

He further argues that the detention order is passed in a total vague and arbitrary manner as such, deserved to be quashed.

The court of Justice Vinod Chatterji Koul observed that the learned counsel for the petitioner has rightly stated that the detaining authority has not followed the Constitutional and statutory procedural safeguards as envisaged under Article 22 (5) of the Constitution.    

 "The grounds of detention are vague and non-existent in the eye of law,” the Justice observed and before disposing off the petition, quashed the detention Order vide number DMB/PSA/ 06 of 2022 dated 15.04.2022, passed by District Magistrate, Budgam and directed Superintendent Jail concerned, to release the detenu forthwith, provided he is not required in any other case. [KNT]

SRINAGAR: The Delhi High Court on Friday directed the Tihar jail superintendent to produce the banned Jammu Kashmir Liberation Front leader, Muhammad Yasin Malik, via video conferencing only and not in person on August 9, when the appeal moved by NIA seeking the death penalty for him is listed for hearing.

Separatist leader Muhammad Yaseen Malik in currently serving life imprisonment for the alleged role in militant financing in Jammu and Kashmir. 

A division bench of Justice Siddharth Mridul and Justice Anish Dayal allowed an urgent application moved by Tihar jail authorities to produce Malik through video conferencing.

The court modified its earlier order passed on May 29 issuing production warrants against Malik for August 09.h

The jail authorities had moved the application citing heavy security issues” in producing Malik physically in court.

The Tihar jail authorities, in the application, submitted that Malik has been lodged under the category of very high-risk prisoners and thus, it is imperative that he is not physically produced in order to maintain public order and safety.

Malik was sentenced to life imprisonment by a special NIA court in May last year. He had pleaded guilty in the case and did not contest the charges against him.

SRINAGAR: A Division Bench of the High Court of J&K and Ladakh (Jammu Wing ) through virtual mode comprising Chief Justice N. Kotiswar Singh and Justice M.A Chowdhary has expressed its serious concern over the shortage of Medical Officers and  Paramedical Staff in Jammu Province and has issued directions to the J&K Government particularly Secretary to the Government, Health and Medical Education Department to indicate the steps taken to fill up the large number of vacancies of Medical Officers as well as the non gazetted and class –IV Employees in Jammu Division as well as the Kashmir Division.

The Division Bench headed by Chief Justice N.Kotiswar Singh further directed that the information be placed on record by way of an affidavit and the said affidavit shall also indicate the steps taken in respect of far-flung areas of Districts of Reasi, Poonch, Ramban, Kupwara, Baramulla, etc where the vacancies appear to be quite significant.

These directions were issued in a Public Interest Litigation filed by RTI Activist Balwinder Singh highlighting acute shortage of Medical officers and Paramedical Staff in various Health Institutions of J&K particularly in remote areas of Jammu Province.

Earlier, Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina , Supriya Chouhan and Muhammad Zulkarnain Chowdhary drew the attention of the Division Bench towards the latest status report filed by the Health and Medical Education Department wherein the comparative statement of the availability of Doctors and Paramedical Staff in Jammu and Kashmir Provinces were indicated. (KNT)

Para, who was jailed for around 18 months under the Unlawful Activities Prevention Act (UAPA), was selected as the Yale Peace Fellow at Yale University’s International Leadership Center in April this year. Para was arrested on November 25, 2020 and remained in jail until May 25, 2022 under UAPA. He was granted bail in May 2022 in a terror-related case.

The special court designated under the National Investigation Agency (NIA) Act, while rejecting Para’s application to allow him to travel to US, said charges have been framed against him for offences under Sections 13, 17, 18, 38, 39, 40 of UAPA and under Sections 120-B, 121, 121-A, 124-A of IPC which are very grievous and punishable with death and imprisonment for life.

“The allegations against the applicant are that he is having close links with foreign and local terrorists as well as that he is funding, aiding and supporting terrorist activities/terrorist organizations. It is pertinent to mention here that Investigating Agency has already taken up the matter with Ministry of Home Affairs Govt. of India and a formal request for assistance (MLAT) has been forwarded to the USA,” Additional Sessions Judge, Special Judge Designated Under NIA Act Srinagar Sandeep Gandotra order that was issued on May 31, read.

The Court said one cannot lose sight of the fact that the applicant has filed this application seeking permission to go to that country only i.e. the USA for pursuing Peace Fellowship 2023 to which MLAT request has been forwarded.

“As such, the argument that there are chances of the applicant fleeing from the country and there are apprehensions of the applicant trying to influence the collection of evidence in the USA merits consideration,” the court said

The Court said not only the trial of the case will get hampered which is at evidence stage, but there are genuine apprehensions of the applicant fleeing from the country and him trying to disrupt the collection of evidence in the USA for which MLAT request has been sent through Govt of India.

“For the reasons discussed hereinabove the application is dismissed and shall for part of the main file after due compilation under rules,” the order read.

Para had moved an application before the Court saying he has been selected as Inaugural Peace Fellow at YALE University’s International Leadership Center and he needed permission to leave to US.

While granting bail to Parra in May 2022, the High Court of Jammu and Kashmir and Ladakh had said he cannot leave Jammu and Kashmir without the prior permission of the trial court. Further, he was also ordered to surrender his passport before the investigating officer.

The Public Prosecutor (PP) objected to the application.

He argued that the fellowship is a mere means which has been managed by the applicant primarily to impede and disrupt the ongoing lawful ‘further investigation’ and also to derail the proper trial of the case.

“The charges against the applicant accused are not only serious but multifarious also,” the public prosecutor said.

He argued there is every likelihood that the applicant/accused would have concealed the fact to the concerned University (YALE) that he is facing the terror charges in several other cases pending trial before the court of law.

“Under the UN Convention, the applicant/accused was duty bound to make such declaration to the University of (YALE). The essence of Peace Fellowship Program at the University of (YALE) is in contrast and antithetical to the activities of the accused,” the Public Prosecutor said. (UNI)

SRINAGAR: 

A court in Srinagar has convicted a man for raping a 14-year-old girl in Soura area of Srinagar in 2012 and termed it as the “crime against society”.   

According to the prosecution, police received a complaint from the father of the victim that he took his daughter for check up after she complained of abdominal pain and upon tests by the doctors, she was declared to be having child in her womb.   

The complainant said that upon enquiry by him and his wife, the minor disclosed that the person who resides in their neighborhood as tenant, namely Irshad Ahmad Malik of Kokernag, raped her several times. 

Subsequently, a case (FIR No 33/2012) under Section 376 RPC was registered in police Station Soura and the investigation culminated into the filing of the chargesheet under Section 376 RPC on 23 June 2012. Subsequently the trial ensued and culminated in conviction of the accused, Irshad Ahmad of Malik of Ahlan Gadwak Kokernag, at present Anchar Soura.

 “It is established that accused at the time of committing heinous crime of rape with a minor girl who was studying in 4th class, was major married person living with his wife at rented room in neighbourhood of victim who used to go there for playing with younger brother of the accused who was also putting up with them there,” presiding officer of 2nd Additional Session Judge Srinagar, Renu Dogra Gupta said after hearing the counsel for accused and additional Public Prosecutor Farooq Ahmad Malik. “The accused had gagged her mouth and committed heinous and barbaric crime of rape with her there and also threaten not to disclose the same to anyone,” the court said and convicted him for the offence under 376 RPC (rape).

The accused being major and married person, the court said, was fully aware of the consequences of his “barbaric act”.

The Crime of this nature against the child girl, the court said, is definitely a crime against the society.
 “This court is of considered opinion that prosecution has successfully proved the guilt of the accused beyond any reasonable doubt. Therefore the accused is liable to be convicted for the offence punishable under Sections 376 of RPC,” the court said and convicted him, as per the verdict, a copy of which lies with GNS. Subsequently the court ordered him to be taken to judicial custody in Central Jail Srinagar and ordered listing of the case for quantum of punishment on Wednesday. (GNS)

SRINAGAR: In a significant decision aimed to effectively address the legal concerns of the general public and increased litigation cases/judicial work-load of the district, the Administrative Council (AC) which met here today under Lieutenant Governor, Manoj Sinha gave nod to the construction of new District Court Complex at Bandipora.

Rajeev Rai Bhatnagar, Advisor to the Lieutenant Governor; Dr. Arun Kumar Mehta, Chief Secretary, J&K and Mandeep Kumar Bhandari, Principal Secretary to the Lieutenant Governor attended the meeting.

The project has been considered to be funded under Centrally Sponsored Scheme “Development of infrastructure facilities for Judiciary” and is estimated to come up at a cost of Rs 35.12 Crore.

The new Court Complex would include a three storeyed court building, Construction of Lawyers Chambers and Residential Quarters for Hon'ble Judges of District Court besides other facilities and basic amenities. (GNS)