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Samjhauta Blasts Case - HC relies on SC’s Samjhauta order to cancel Andrabi bail

Team SoOLEGAL 4 Jun 2018 10:45am

Samjhauta Blasts Case  - HC relies on SC’s Samjhauta order to cancel Andrabi bail

Jammu & Kashmir High Court has cancelled the bail granted to Dukhtaran-e-Millat chief Asiya Andrabi on the grounds that there is a prima facie evidence that she was “in close contact with militant leaders across the border” and “planning a major incident in Anantnag”. The denial of bail to Andrabi and her associates coincides with another stone-pelting incident in Nowhatta area of Kashmir despite the suspension of security operations during Ramzan. 

While rejecting Andrabi’s bail, the high court has relied significantly on the Supreme Court’s 2017 order in the Samjhauta blasts case - Lt Col Shrikant Purohit Vs State of Maharashtra. The SC had ordered on May 21, 2017: “The court granting bail should exercise its discretion in a judicious manner.” 

“Though at the stage of granting bail a detailed examination of evidence and elaborate documentation of the merit of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted, particularly where the accused is charged with having committed a serious crime,” the Supreme Court had said. 

Purohit, an accused in the Samjhauta blast case, was ultimately granted bail in August 2017 by the Supreme Court that set aside the Bombay High Court order denying him bail. 

Andrabi Case Background:
Following a stone-pelting incident of April 18, Andrabi and her associates were arrested on April 20 under various sections of the Ranbir Penal Code, J&K Public Property (Prevention of Damages) Act, 1965, and The Unlawful Activities (Prevention) Act, 1967. She was granted bail on May 18 by the trial court but was kept in detention, with the police booking her in a separate case immediately. 

The High Court has in its May 31 order withdrawn the bail terming the trial court’s order as “erroneous”. The HC order notes that, as per police report, cellphones seized from Andrabi and her associates, Sofi Fehmida and Nahida, have been sent to the Forensic Science Laboratory and a report on the same is awaited. 

The police report further says that Andrabi is in “close contact with the leaders of militants’ organisations living across the border” and that their phones have “photographs of the leaders of (those) militant organisation”. 

The High Court concluded that since the investigation in the case is still under progress, respondents have to be interrogated and there are reasonable grounds to believe that the accusations are prima facie true, the age-old maxim that grant of bail is the rule and refusal an exception “does not hold good in cases like the present one”. 

Tagged: Jammu & Kashmir High Court   Samjhauta Blasts Case   Andrabi Case   Andrabi bail  
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