 Early Times Report
Jammu, Sept 26: The High Court of Jammu & Kashmir and Ladakh has dismissed the bail plea of a Sopore resident convicted of murder and accused of hatching a terror conspiracy inside Central Jail, Srinagar.
A Division Bench comprising Justice Sindhu Sharma and Justice Shahzad Azeem upheld the December 2024 order of the NIA Special Court, which had rejected the application of Feroz Ahmad Dar (32), son of Bashir Ahmad Dar of Doabghah, Sopore. Dar, who is serving life imprisonment in a 2013 murder case, had sought two months’ interim bail on humanitarian grounds citing his mother’s illness.
According to prosecution records, Dar and several inmates in April 2019 allegedly raised anti-national slogans, set ablaze barracks, and used LPG cylinders to trigger explosions inside the jail. They were also accused of pelting stones at jail staff and conspiring to damage the prison wall in a bid to escape. Investigators claimed that the accused formed a “terrorist gang” within the high-security facility, attempting to kill jail staff and security personnel through a planned attack.
The High Court observed that Dar’s plea lacked merit as his mother was not solely dependent on him, with his father, brother, and sisters available to look after her.
The Division Bench further noted that Section 43-D(5) of the Unlawful Activities (Prevention) Act (UAPA) barred bail unless the court was satisfied that no prima facie case existed.
“The appeal is utterly misconceived,” the court said, adding that Dar had confined his original plea only to his mother’s ailment and could not introduce fresh grounds in appeal. While stressing that personal liberty is a fundamental right, the Bench said national security and sovereignty cannot be compromised. The court also relied on the Supreme Court judgment in Gurvinder Singh v. State of Punjab (2024), which held that mere delay in trial in serious UAPA cases is not a ground for bail.
Consequently, the High Court dismissed Dar’s appeal and upheld the trial court’s order. It clarified, however, that the observations made would not prejudice the merits of the trial or any future bail plea. (JNF) |
