Aloosa Fake Encounter 2012: Court cancels bail of two army informers for intimidating witnesses

Only mother of the victim turned up since the accused were granted bail: Government

Legal Correspondent

Bandipora, March 10: A local court today rejected the bail of two army informers accused in killing of a youth in alleged fake encounter in 2012.

Principal Sessions Judge Bandipora Mohammad Ashraf Malik rejected the bail of the accused-Nazir Ahmad Bhat and Rameez Ahmad Dar after state complained that the accused are threatening the eyewitness of dire consequences for deposing against them before the court and due to that only one of the eyewitnesses has deposed before the court since the accused have been released on bail on July 23, 2014.

Public Prosecutor advocate Shafeeq Ahmad Bhat during the arguments over the plea stated that only one prosecution witness namely Fatima Begum (mother of the deceased) could record at the trial. He stated that no fair trial in the matter is possible if the accused are kept at large as about 50 witnesses (all civilians) are yet to be recorded at the trial. Till now only 13 civilians have deposed before the court and 50 witnesses are yet to depose. There are total 76 witnesses in the case including 63 civilians.

Advocate Bhat on behalf of state said since the accused were released on bail not a single witness has turned up before trial court which also transpires that how the witnesses has been intimidated and how the accused has hampered and tampered the prosecution witnesses. “It is needless to mention here that maximum witnesses are putting up in the close vicinity of accused”. Government further stated that the accused has misused the concessions of bail and has violated all the conditions imposed by court on them.

“The accused were given bail on the condition that they will not leave the jurisdiction of court without prior notice and were told to appear in person on every hearing during trial but they have violated all these conditions,” Bhat said.

The counsel for accused had rejected the claim of state saying the state cannot take law for a ride for the bail and bail granted to the respondents cannot be cancelled in a mechanical manner

Principal Sessions judge  after hearing arguments from both the parities rejected the bail of the accused persons saying that there is strong prima facie  case that if the accused are allowed to be at large they would  tamper with witnesses and thwart course of justice when about 50 civilians are yet to be recorded at the trial.

Court directed to send the accused be taken into custody and lodged into District Jail Baramulla.

Court also directed the state to take effective steps to procure the attendance of prosecution witnesses preferably civilians within a period of five months.

During the intervening night f 24-25 July 2012 Army claimed to have killed an unidentified militant during an ambush. Later police identified the killed youth as Hilal Ahmed Dar of Lahipora Aloosa.

Investigation was initiated under FIR number 143 U/S 302/34 RPC and Police indicted two persons Nazir Ahmed Bhatt and Muhammad Ramzan

In its first challan produced before the court, Police Investigation had revealed that accused Muhammad Ramzan alias Rameez is a source of the 27 RR who informed them about the presence of the militants in the area. It was found that Army Sources has fired upon the Army during the encounter night to give the notion of Militant presence in the area. Investigation revealed that the Army Source procured guns form CO 27 RR.