A special NIA court has rejected the interim bail application of dismissed police officer Devinder Singh but allowed him a five-day custody parole on humanitarian grounds to attend the post-death rituals of his father in Srinagar next week
Singh, who was posted with the anti-hijacking cell of police attached to the Srinagar airport, was arrested in January 2020 while ferrying Hizbul Mujahideen terrorists, including its self-styled commander Syed Naveed Mushtaq, at a checkpoint in south Kashmir's Anantnag.
He was subsequently chargesheeted in the case by the National Investigation Agency (NIA) and dismissed from service in 2021.According to the bail application, Singh's father Deedar Singh passed away in Srinagar on July 17.The accused, who is lodged in the Kot Bhalwal central jail in Jammu since his arrest on January 11, 2020, sought 20 days' interim bail to attend the cremation and the post-death rituals.
The court was informed that his appeal against the rejection of regular bail is presently pending before the High Court of Jammu and Kashmir and Ladakh.
Passing the order on July 21, Special Judge Prem Sagar dismissed Singh's plea for interim bail but granted him five days' custody parole on humanitarian grounds, permitting him to attend the 'Akhand Paath' and other post-cremation rituals at the family residence in Srinagar between July 27 and 30, under police escort"Keeping in view the facts and circumstances of the case, the prayer to grant interim bail is not considered as the applicant has already filed an appeal against the rejection of regular. However, this court partly allows the application of the applicant purely on humanitarian grounds and allows him to participate in the religious rituals...," the judge said in his four-page order.The court said the accused will remain on custody parole from July 27 to 30 and return to jail on July 31.During the parole period, Singh will remain in police custody and be taken to the venue of the religious ceremonies between 10 am and 4 pm each day, the court said, directing that adequate police personnel will remain with him throughout the visit to ensure security.
The NIA had opposed the plea, arguing that the accused is facing trial for serious offences affecting national security under various sections of the IPC, Unlawful Activities (Prevention ) Act (UAPA), the Arms Act and the Explosive Substances Act.
"The allegations against the applicant are of a serious nature, and there exists a statutory embargo under Section 43D(5) of the UAPA concerning the grant of bail."The applicant's prayer for regular bail is also pending before the high court, which is listed for hearing on August 4. In these circumstances, the present application for interim bail deserves to be considered with due regard to the gravity of the offences and the statutory strictions governing the grant of bail," the NIA said.It said the applicant is facing trial for offences concerning national security and several material prosecution witnesses are yet to be examined.
"Considering the nature of the allegations and the applicant's previous position as a DSP, there exists a reasonable apprehension that, if released on interim bail, he may influence the witnesses or otherwise interfere with the fair conduct of the trial," the agency said.However, the NIA informed the court that it had no objection to custody parole on purely humanitarian grounds, provided adequate police escort and security arrangements are maintained.