Court rejects his bail plea in Pakistan flag-hoisting case

Ishfaq Tantry

Tribune News Service

Srinagar, April 25

A Budgam court today rejected separatist Masarat Alam’s bail plea in the Pakistani flag hoisting case in which he had been charged with sedition and waging war against the country.

While rejecting the bail plea, the Chief Judicial Magistrate, Budgam, observed that the law restraints courts for bailing out the accused charged for offences under section 121 RPC (sedition), which carries death penalty or life imprisonment.

Masarat, who has already been slapped with the Public Safety Act and shifted to the high-security Kot Bhalwal Jail on April 23, was arrested by the J&K Police on April 17 from his Habbakadal home following an FIR against him for raising pro-Pakistan slogans and hoisting Pakistani flag during the April 15 rally to welcome hardline separatist leader Syed Ali Shah Geelani.

In the FIR registered on April 15 at the Budgam police station, Masarat, Geelani and others were charged under sedition (121), waging war against the country (124-A) and other offences.

“At this stage of investigation, only merits of bail application are to be taken note of and also appearance of reasonable grounds for believing that he (Masarat) has been guilty of an offence punishable with death or imprisonment for life,” CJM, Budgam, observed in his orders passed today.

The CJM further said this was not the stage where prima facie case was to be made out as if the accused was required to be charged or discharged from the allegations.

“More so, the offences 121 RPC carries the punishment of death or life sentence, regarding which section 497 clause 1 CrPC puts legal restraint on the court for bailing out the accused. The bail is rejected,” the court said while disposing off the bail application of Masarat Alam.

Masarat was released from the Baramulla sub-jail on March 7 after serving over four years in administrative detention.