Srinagar: A court in Bandipora has cancelled the bail of two army informers accused in killing of a youth in alleged fake encounter in 2012.
Principal Sessions Judge Bandipora Mohammad Ashraf Malik cancelled the bail of the informers—Nazir Ahmad Bhat and Rameez Ahmad Dar— after prosecution complained that the duo was threatening the eyewitness of dire consequences if they depose against them before the court.
Public Prosecutor Shafeeq Ahmad Bhat also brought to court’s notice that after their release on 23 July 2014, only one eyewitness has deposed before the trial court.
“This transpires how the witnesses have been intimidated and how the accused have hampered trial,” Bhat said, underling that maximum witnesses were putting up in the close vicinity of the duo. “The accused has misused the concessions of bail and violated all the conditions imposed by court on them, such not leave the jurisdiction of court without prior notice and would appear on each hearing during trial,” Bhat said.
As many 12 civilian witnessed had deposed before they were granted bail in 2014 and 50 of them are yet to record their statement before the court. There are total 76 witnesses in the case including 63 civilians.
On the other hand, the counsel for accused contended the claim of government, saying the prosecution cannot take “law for a ride.”
After hearing both the parties, the Principal Sessions judge cancelled the bail and ordered immediate arrest of the accused duo and their lodging in District Jail Baramulla.
“There is strong prima facie case that if the accused are allowed to be at large they would tamper with witnesses and thwart course of justice when about 50 civilians are yet to be recorded at the trial,” the court said.
It also directed the prosecution to take effective steps to procure the attendance of civilians witnesses within a period of five months.
The youth, Hilal Ahmed Dar of Lahipora Aloosa, was killed during the night between 24 and 25 July, 2012 and army had claimed that he was a militant.
After public outcry, Police registered FIR (143 of 2012) U/S 302/34 RPC and after investigation indicted Nazir Ahmed Bhatt and Muhammad Ramzan.
In its first challan produced before the court, Police Investigation had revealed that accused
Muhammad Ramzan alias Rameez is a source of the 27 RR who informed them about the presence of the militants in the area. Police also found that army sources fired upon the Army during the encounter night to give the notion about the presence of militants in the area. They had procured the guns form CO 27 RR, the police have said.