High Court cancels bail of hardliner Asiya, four others

Srinagar, June 3

The J&K High Court cancelled the bail granted to Dukhtaran-e-Milat’s chief Asiya Andrabi and four others in a terror-related case, saying that the trial court had exercised the discretion to grant bail in an “erroneous manner”.

On Saturday, the division bench comprising Acting Chief Justice Alok Aradhe and Justice MK Hanjura quashed the order of Anantnag Additional Sessions Court, granting bail to Andrabi and four others last month.

They had been arrested by the Anantnag police in April this year for allegedly planning to organise a large-scale demonstration and stone-throwing in south Kashmir.

The police did not release Andrabi despite being granted bail by the court and arrested her in a different case. In the meantime, they approached the law department to challenge the trial court’s order.

Since Swayam Prakash Pani took over as the Inspector General of Police (Kashmir range), special emphasis was being laid on pursuing all cases against separatists and to ensure that justice was delivered at the earliest.

The High Court cancelled the bail of Andrabi and others in the case after the police submitted its case diaries and the investigation carried out.

It included the analysis of Andrabi’s phone that purportedly showed that she was in constant touch with militant leaders across the border.

“From further perusal of the report, it is also axiomatic that there are reasonable grounds for believing that the accusations against the respondents (Andrabi and four others) are prima facie true,” the 11-page order read.

“It is also noteworthy that the investigation in the case is in progress and the respondents have to be interrogated for their involvement in the commission of offences,” it stated.

“...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 and the impugned order granting bail to the respondents is hereby quashed,” the order said.

After the cancellation of the bail, the police secured a search warrant from the court and carried out raids at various places, including Andrabi’s residence, on Sunday. — PTI

The order reads…

“From further perusal of the police report, it is also axiomatic that there are reasonable grounds for believing that the accusations against the respondents (Asiya Andrabi and four others) are prima facie true ... in our considered opinion, the trial court has exercised the discretion to grant the bail in an erroneous manner and the impugned order granting bail to the respondents is hereby quashed.”