Srinagar: The J&K High Court on Saturday overturned the bail granted by Anantnag trial court to Dukhtaran-e-Milat (DeM) Chief Asiya Andrabi and her associates.
The Division Bench of Acting Chief Justice Alok Aradhe and Justice M K Hanjura quashed the bail order while hearing an appeal filed by the government against the trial court order of May 18.
The bench on perusal of the police report recorded that the action of trio would fall within the purview of Unlawful Activities Act.
“From further perusal of the report, it is also obvious that there are reasonable grounds for believing that the accusations against the trio are prima facie true,” the court said.
Referring to the provision contained in the act, the court said, “the age old maxim that grant of bail is the rule and refusal an exception does not hold good in a case like the present one where the court comes to the conclusion that there are reasonable grounds to believe that the accusations leveled against the accused persons are prima facie true.”
“In view of sections of the act and the material available in the police report, in our considered opinion, the trial court has exercised the discretion to grant the bail in an erroneous manner,” the division bench concluded and allowed the appeal of government resulting into quashing the bail order granted by the trial court to trio.
Additional Sessions Judge Anantnag had granted bail to DeM Chairperson Asiya Andrabi and her associates Nahida Nasreen and Sofi Fahmeeda in a case FIR No 60/2018 in connection with offences under Ranbir Penal Code filed on the basis of information that objectionable material was recovered from the aforesaid persons.
The three were arrested from Anchidora area of Anantnag district on April 20 for allegedly organising violent student protests that involved stone-pelting on government forces, and instigating people to boycott the parliamentary by-elections for the Anantnag seat.
They were charged under Section 18/20 of the Unlawful Activities (Prevention) Act. The trial court in Anantnag granted them bail but police did not release them and instead booked them under another FIR at police station Soura.
On May 28, the trial court at Srinagar granted interim bail till the next date of hearing, June 18, to Andrabi and both her associates. The court directed police station Soura to immediately release the accused.