Srinagar: A designated court under NIA Act at Srinagar on Tuesday rejected bail plea of an alleged militant associate after court recorded that public and national security concerns heavily matter in this case.
Special Judge designated under NIA Act, Manjeet Rai said that the accused (Umer Asif Zarger) is allegedly involved in commission of offences under sections U/S 7/25 A Act, 13, 18, 20, 23, 38, 39 UA (P) Act.
Court recorded that the offences under the UA(P) Act involve activities prejudicial to the sovereignty, integrity, and security of the state.
“The seriousness of the allegations and the potential impact on public peace weigh heavily against the grant of bail,” court said.
It was recorded the police report details recoveries from the accused, including a Chinese grenade and mobile phones linked to terrorist activities.
“Preliminary investigation points to the accused’s role as an active terror associate. The prosecution has presented sufficient material at this stage to establish a reasonable link between the accused and the unlawful activities,” court said.
It was also said that under Section 43D(5) of the UA(P) Act, bail cannot be granted if the court is satisfied, on a prima facie basis, that the accusations are true.
“Based on the available evidence, this court finds that the threshold for denying bail under this provision is met,” Justice Rai said.
Court noted that the collective interest of society and the imperative to maintain peace and security must outweigh the individual’s liberty in cases involving terrorism- related offences.
“Granting bail at this stage could potentially undermine public confidence in the justice system and impede the ongoing investigation.”
Justice Manjeet Rai said, “In view of the stated facts and circumstances, the seriousness of the offences, the prima facie evidence of involvement, and the statutory bar underSection 43D(5) of the UA(P) Act, this court finds no merit in the bail application.”
Court said applicant has failed to demonstrate grounds sufficient to override the considerations of public and national security.
“The bail application filed by the accused, Umer Asif Zarger, is hereby rejected. The application is disposed of accordingly. The file after due compilation shall be consigned to records,” court said and directed.