Early Times Report
JAMMU, Aug 21: In a stern order underscoring that national security cannot be subordinated to personal or family considerations, a Special NIA Court in Jammu has declined interim bail to Shafiq Ahmed Sheikh, an accused in the Sunjwan terror attack case, who had sought temporary release to attend his sister's wedding.
Special Judge NIA Cases, Jammu, Prem Sagar, however, adopted a humanitarian approach and permitted Sheikh to attend his sister's Rukhsati through virtual mode from Central Jail, Kot Bhalwal, directing the jail authorities to facilitate a video conference with his family on August 23 at 10 am.
The court held that the allegations against the accused related to serious and grave offences concerning the security of the State, and that the personal interest advanced by him could not override concerns relating to national security, public order and safety of citizens.
Sheikh, a resident of Monghama, Tral in Pulwama district, had sought interim bail claiming that he was the real and only brother of the bride and that his presence was socially, morally and religiously indispensable for performing customary wedding rituals. His counsel argued that his aged parents had no other family member to look after the ceremonial arrangements. The bail application was decided on August 20.
The National Investigation Agency strongly opposed the plea, maintaining that attendance at a marriage ceremony does not create any legal entitlement to interim bail, particularly where an accused is facing prosecution for grave terror-related offences.
According to the NIA's objections before the court, the case relates to indiscriminate firing on security personnel during a joint search operation in Sunjwan, Jammu, in which a CISF Assistant Sub-Inspector was killed and several security personnel sustained bullet injuries. Security forces retaliated and killed the two terrorists involved in the encounter.
The agency alleged that during investigation it surfaced that Sheikh, along with his absconding brother Asif Ahmad Sheikh and other co-accused, had entered into a conspiracy and provided shelter to two newly infiltrated Jaish-e-Mohammed terrorists from Pakistan in rented accommodation at Green Valley Colony, Ghaziabad, Sunjwan.
The NIA further alleged that Shafiq Ahmed Sheikh was associated with the proscribed Jaish-e-Mohammed (JeM) and had travelled from Kashmir to Jammu in April 2022 before allegedly receiving and sheltering the infiltrated terrorists. These remain prosecution allegations to be tested during trial.
Opposing his release, the agency argued that the gravity of the alleged offences and the need to protect society from terrorism outweighed the accused's personal difficulties. It also submitted that his undertaking not to misuse bail was insufficient and that his release could give him access to persons connected with the case, creating a possibility of influencing witnesses.
The prosecution informed the court that 26 out of 77 cited prosecution witnesses had already been examined and had supported the prosecution case. It also pointed out that Sheikh's regular bail application was already pending before the court.
After considering the rival submissions, the Special Judge refused to release Sheikh from custody, observing that the circumstances did not warrant interim bail.
The court nevertheless balanced the accused's family circumstance with security considerations by allowing him to participate only virtually in the Rukhsati ceremony, directing the Superintendent of Central Jail, Kot Bhalwal, to provide the video-link facility to his family in advance.
Advocate I.H. Bhat appeared for the accused, while R.S. Slathia, SPP, Chandan Kumar Singh, PP NIA, and Ashwani Verma, PP NIA, represented the prosecution.
(JNF) |
