Srinagar, Oct 14 (KNS): Jamaat-e-Islami Jammu and Kashmir (JeI) on Friday said the role of the law-enforcing agencies in the valley has mostly been anti-people and dictatorial rather than democratic which indicates that the Kashmir valley is not ruled by any law but by the police and Indian agencies whose whims and opinions, whosoever contradictory to law these may be, rule the roost and the hapless people here have been suffering from this wild treatment at the hands of the law-enforcing machinery since decades together.
According to a statement issued to KNS, JeI said at present the people are passing through the worst situation and thousands of innocent protestors stand detained and their fundamental right of liberty thereby violated blatantly by abuse and misuse of law including that of the Public Safety Act. Not only the liberty of people but their life, honor and property is also at stake in these lawless law-enforcing agencies who think themselves above any law because AFSPA like draconian legislations are at their back which has made them immune from any accountability. A self-explaining example of the abuse and misuse of legal authority is the continuous illegal and immoral detention of JeI spokesperson and political bureau head Advocate Zahid Ali whose detention is prolonged by transferring his custody from one case to another on similar but baseless charges since 31st August, 2016.
JeI said the Executive Magistrate (Naib Tehsildar) Bemina, Srinagar conducting the enquiry under section 107/151 CrpC against him passed an order on 8th October, 2016 mentioning therein that in case the police fails to produce any evidence against the arrestee on the next date of hearing fixed on 13th October, 2016 the defendant accused shall be considered to be discharged of all charges and as such released. Instead of producing any evidence, the police brought another readymade complaint registered against the detenue by police station Shaheed Gunj for re-arresting him in case of his acquittal as was quite expected.
Jamaat-e-Islami Jammu and Kashmir (JeI) said the concerned Magistrate instead of discharging the accused as per his own order, directed him to furnish a personal bond for release which firstly contradicts his earlier order and secondly is against the procedure of law as on discharge and acquittal, an accused cannot be punished but is to be released as an innocent person.Click Here To Follow Our WhatsApp ChannelUnder section 107 CrPC if the charges are proved against the defendant, then alone he can be directed to file any bond, surety or personal, for keeping peace for a maximum period of one year.
JeI said during detention, the defendant can be asked to furnish any bond for release soon after 24 hours from his arrest but this condition does not apply where after conducting enquiry the police fails to prove the charges and the Magistrate concerned discharges him.
Zahid Ali declined to file any personal bond and requested the Magistrate to implement his earlier order. Upon this the Magistrate giving the police another chance to produce the evidence, sent him to sub-jail (police station Kothi-bagh) under custody.
In case had Zahid Ali submitted the personal bond, he would have been rearrested by police station Shaheed Gunj, a party of which headed by a sub-inspector was waiting just inside the court room of the Magistrate and noticed by him too.
The arrest under section 107/151 is preventive in nature and as such not punitive but most of the Executive Magistrates send the detenues to police or judicial custody on remand orders instead of proceeding with the enquiry which is quite against the law. The next date of hearing in Zahid Ali’s case has been fixed on 20th October, 2016.
Jama’at-e-Islami Jammu and Kashmir (JeI) while condemning the lawlessness of the law-enforcing agencies and so called protectors of the human rights towards the oppressed people of Kashmir, appeals Kashmir Bar Association to take strict notice of it and find a legal remedy to redress the grievousness of the victims. Further, the human rights institutions and forums are also asked to come forward and take effective steps to save the people from being subjected to grave state-sponsored atrocities. (KNS)