Srinagar: A local court on Tuesday granted interim bail to JKLF zonal president Noor Muhammad Kalwal upto June 6.
Kalwal has been booked under sections 307, 148,147, 149, 353 RPC and under section 13 A Unlawful Activities Act (13 ULA) in an FIR at Police Station Maisuma.
Kalwal had first moved for anticipatory bail under section 497 A CrPC before the 2nd Additional District and Session Judge Srinagar who rejected it on the ground that under 13 ULA, bail cannot be granted.
Kalwal then filed for regular bail before the CJM Srinagar who transferred it to Forest Magistrate Srinagar, who sought objections from the prosecuting officer (PO).
The PO raised the objection that under Nation Investigative Agency (NIA) act 2008, the bail application under 13 ULA act cannot be heard by the magistrate but by a special court in terms of NIA act 2008.
The objection was contested by Kalwal’s counsel who referenced various provisions of law in his favour.
Convinced by his arguments, the court allowed the bail application and granted an interim bail upto June 6.
Kalwal’s counsel, Aijaz Ahmad Dar told Kashmir Reader that “The youth of the Kashmir including pro-freedom leaders are being generally implicated under 13 ULA Act and section 152 RPC. Since both are special offences to be heard by special judges (district and session judges) but the police fail in these cases as the requirement under 13 ULA act is to get the prior sanction from the central govt”.
“In fact these are tactics which are being used by the police with the sole purpose to deter the Kashmiri youth from pursuing their goal,” Dar added.