DAK president released after ‘conditional’ bail by court

Srinagar: Police on Thursday released president of Doctors’ Association of Kashmir (DAK), Dr Nisar-ul-Hassan after a local court here granted him interim bail.
Dr Nisar was arrested on Monday and booked under Section 13 of Unlawful Activities Act in case (FIR no. 15/2009) in police station Karan Nagar here.
“It is true that accused has alleged to have committed non-bailable offence for which he cannot claim bail as a matter of right, but on the other hand it is equally true that (he) is a doctor by profession and is working in SMHS Hospital Srinagar, and keeping him behind bars further shall amount to (his) pretrial conviction which is never the object of the criminal justice system,” Ranbir Singh Jasrotia, Forest Magistrate said, observing that chance of fair trial to the accused to prove innocence is his fundamental right and cannot be denied to him.
“The rule is bail and jail is exception. In the circumstances of the case, I feel that the case of accused does not fall in the exception of the rule,” the court said.
From the investigation conducted by police so far, the court observed, the offence attributed to him “is no doubt non-bailable, but such offence does not carry punishment for life or death penalty.”
“Thus the order of Section 497 A CrPC does not attract. It is out of place to mention here that accused person is doctor and it is government employee serving in the SMHS Hospital. So apprehensions of the prosecution that he can temper or influence the witnesses have very less chance.”
The court, however, imposed several conditions on Dr Nisar and directed him not to leave Srinagar without its permission.
“The accused will fully cooperate with police and will not temper with evidence in any manner. He shall be deemed to be in custody of police for the purpose of any recovery to be effected on his disclosure.”
The accused, court said, shall not jump over the concession of the bail or influence the prosecution witness or temper with the evidence and attend the court on each and every hearing.
“If the accused fails to comply with the conditions, in that eventuality the prosecution shall be at liberty to approach the court for cancellation of bail,” it said and posted the case on May 31.
Members of Kashmir High Court Bar Association including advocates N A Ronga, Mohammad Ashraf Bhat, Abdullah Pandit and Bashir Sidiq appeared for Dr Nisar.
Meanwhile, a DAK spokesperson in a statement said Dr Nisar, who was arrested from the SMHS Hospital while he was on emergency duty attending sick patients, has been released.
“This illegal detention of Dr Nisar during emergency duty and fabricating cases against him is worst form of human rights abuse. This unlawful act by police is safe to conclude that Kashmir is a police state and police state is a lawlessness state,” the spokesperson said.
Meanwhile, DAK had demanded that police should be removed from hospitals, alleged as “they harass and threaten doctors which affects patient care.”
The DAK, the spokesperson said, will file a petition on Friday before State Human Rights Commission(SHRC) to take cognizance of arrest of Dr Nisar “which is a grave human rights violation.”