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| Court grants bail to woman separatist leader in 2002 case | | | Early Times Report.
Srinagar, June 24: A local court in Srinagar today granted bail to woman separatists leader, chairperson Dukhtaran-e-Millat Asiya Andrabi, in a case registered against her 14 years ago for allegedly receiving money from abroad and using same for fanning militant activities in the state. In its report filed before the court, the police said the case --FIR 50/2002 under section 120-B RPC (criminal conspiracy) was registered on 24 May 2002 on the basis of information that one Imtiyaz Ahmad Bazaz of Firdousabad Batamaloo Srinagar has close association with various militant outfits and that he, under a well planned conspiracy with certain persons abroad and within the state, has been carrying out the object of the militant outfits by receiving money from abroad and using it for carrying the militant activities.
The investigation was entrusted to SP City South Srinagar and police arrested Bazaz. Subsequently, report said, involvement of Asiya Andrabi, chairman of hardline Hurriyat Conference (G) Syed Ali Shah Geelani, Dr Ayoub Thakur, based in London, and Mohammad Yousuf Shah alias Salahudin, who chief commander of Hizbul-Mujahideen, surfaced.
Special Public Prosecutor argued that she should be sent to police custody as she was required for investigation in the case. Asiya's counsel said that she has already surrendered before the court and when an accused surrenders, bail can be granted to him under section 497 Cr.P.C. Her counsel said that she is ill and was under treatment of doctors at Soura. Her counsel also argued that the case pertains to 2002 and the investigation has been completed, Asiya should be released on bail.
After hearing both the sides, the City Munsiff Sheikh Gowhar Hussain said: "The statement of witnesses conversant with the facts and circumstances of the case have already been recorded so the accused is not required for any investigation purpose."
Furthermore, the court said, police has not taken steps to arrest her since 2002.
"It is clear from section 497-A Cr.P.C. that if the accused surrenders before court, bail can be granted to him," the court said, adding that the main purpose of the detention in police or judicial custody is that the accused may not jump over the bail or thwart the investigation.
"The accused has herself surrendered before the court which shows that accused being state subject have deep roots in the society so there is least chance of accused fleeing from justice or thwarting the investigation. So the personal liberty of accused cannot be curtailed as a means of punishment based on police report which will amount to pre-trial punishment," the court said and granted bail to Asiya subject to furnishing of bail bonds for Rs 20000 and one surety of like amount. |
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