SRINAGAR: Principal District and Session Judge here has granted absolute bail to president of Kashmir University Teachers Association (KUTA) Dr Mohammad Hussain Khan and his wife if they submit bank security of Rs 30 lakh in the name of the court with two weeks.
A case has been registered against Dr Hussain by Police’s crime branch on the directions by a subordinate court after her sister-in-law Zia Fazli, a scientist based in the United States, complained that he last year sold land which they had purchased jointly at Batpora Srinagar without informing her.
“The interim directions viz petitioners Mohammad Hussain and Rifat Almas for being released on bail in the event of their arrest is made absolute, subject to the conditions indicated in the order dated 23 January 2016, provided they shall also submit bank security to the extent of Rs 30 lakhs in the name of this court,” the PD&SJ Rashid Ali Dar said.
However, the court said, condition regarding bank security can be waived if they satisfy that the follow up action required to be taken in terms of arbitrator’s award has been fulfilled.
As per the arbitrator award, both Hussain and his wife are to pay Rs 612813 with 15% interest from the date of sale of land at Batpora till payment to Zia Fazli within two weeks. They are also to pay Rs 80 lakh to Zia Fazli for the ‘encroached land’.
The court also granted liberty to investigation agency to approach it for withdrawal of the bail if the Hussain and his wife fail to comply with conditions or misuse other stipulations of the bail.
Zia and Dr Hussain had purchased 3 kanals and 13 marlas of land near Estate Batpora here with her share of 2 kanals and 3 marlas on 14 July 2004.
“As (I) was in USA, (Dr Hussain) without (my) knowledge sold the land by executing a fraudulent sale deed before city judge (sub-registrar) in July 2015,” said Fazli, who presently puts up in Georgia Atlanta USA. Her sister and wife of Dr Hussain had allegedly appeared before the Sub Registrar, impersonating as Fazli.
“In a breach of trust, Rifat Almas (Fazli’s sister) forged (my) signature and this illegal and unlawful act has been done by Husband and wife in connivance with one another,” said Fazli who had visited Kashmir last year in July after 2011. “The husband-wife has cheated the sub registrar and the sale deed is avoid abinitio and is having no force and validity in the eyes of law,” she said in the complaint.
Dr Hussain is a law knowing person as is a professor in law department in Kashmir University and an expert in law of torts and crime besides being the president of KUTA. “Despite being knowledgeable person, (Dr Hussain) has committed fraud. (My sister) is also a qualified and works as lecturer in education department,” she said, and urged the court to pass direction to crime branch for registration of the case.
Fearing arrest, Dr Hussain and her wife Rifat Almas, residents of Arabal Shalimar, moved bail application before Principal Sessions Judge Srinagar and they were granted the interim relief on January 23. In the bail plea, they had denied to have committed any offence.