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Home Asia India

Kashmir: Top court rejects bail to late Hurriyat leader’s sons in ‘anti-India slogans’ case

Asia Free Press by Asia Free Press
November 27, 2021
in India, Latest, Law
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Srinagar, Nov 27 (Asia Free Press): The Jammu Kashmir High Court in the Indian administered part of Kashmir denied bail to Mujahid Ashraf Khan and Rashid Ashraf, the sons of late Hurriyat leader Mohammed Ashraf Sehrai, according to the local media.

The duo was arrested on May 15 from their residence in the Baghat area of Srinagar, the capital city of the disputed Himalayan region. The Inspector-General of Police for Kashmir had said that the siblings were booked under the Unlawful Activities Prevention Act (UAPA) for raising anti-India slogans, reported local media Kashmir Life.

A division bench of Justice Ali Mohammad Magrey and Justice Sanjay Dhar refused to grant bail to the duo and upheld a Special Court judgement dismissing their application for bail in FIR No. 21/2021 for offences under Section 13, 18, and 38 ULA(P) recorded at Sogam Police Station.

The Special Court had granted extension in the period of investigation and detention of appellants beyond 90 days. The duo has already spent more than 90 days in custody.

The application for extension of an investigation and the report of the Public Prosecutor indicated that further aspects of the case should be investigated.

The High Court further said that the perusal of the application for extension of the period of investigation filed by the Investigating Officer does reveal that on its part, the investigating agency had completed the investigation on July 15, 2021, and “had submitted the case for obtaining sanction from the Government but it is also recorded in the application that the file was received back from the higher authorities with directions to rectify certain observations.”

The bench said that the order passed by the Special Judge was lucid and well-reasoned.
Even otherwise, the court said, the appellants have not challenged the validity and legality of the order dated August 14, 2021, passed by the Special Court, whereby their custody has been extended beyond the period of 90 days.

The court pointed out; it appeared that the appellants have not even urged the ground of default bail before the Special Court while seeking bail in their favour.

While imprisoned under the Public Safety Act (PSA), Mr. Sehrai succumbed to Covid-19 on May 5 at a Jammu hospital.

After a video of Mr. Sehrai’s funeral procession went viral on social media, his two sons were detained from their homes. The two were charged with 13 Unlawful Activities, according to the Indian Penal Code (IPC), which carries a maximum sentence of seven years.

All Parties Hurriyat Conference (APHC) has expressed serious concern over upsurge in Indian atrocities in the Indian administered Jammu and Kashmir to suppress the Kashmiris’ just struggle for their right to self-determination.

The APHC spokesman reiterated the Kashmiris’ resolve to take the ongoing freedom movement to its logical conclusion.

He urged the UN Security Council to impress upon India to stop genocide, arbitrary arrests, extrajudicial killings and other human rights abuses in the territory and settle the Kashmir dispute in accordance with relevant UN resolutions.

Tags: Ashraf SehraiIndiaIndian administered kashmirJK High CourtPSAUAPA
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