Srinagar, May 09: An undertrial prisoner from Bandipora, facing charges under the Unlawful Activities (Prevention) Act (UAPA), attended his sister’s wedding ceremony after the High Court of Jammu & Kashmir and Ladakh recently granted him short-term custodial permission, demonstrating a judicial commitment to upholding humanitarian principles alongside the strict application of the law.
Tawseef Ahmad Sheikh, an undertrial currently facing prosecution in FIR No. 15/2022 registered at Police Station Aragam, was taken back to District Jail Udhampur after attending his sister’s marriage ceremonies for two days. The charges against him involve serious allegations under Sections 18, 19, 23, and 29 of the UAPA, along with Section 7/25 of the Arms Act. His case is being heard by the Court of the Special Judge, NIA, Bandipora.
According to the judgment passed by the High Court on May 5, 2026 (Tuesday), the request for short-term leave was brought directly before the court because the Special Judge, NIA, Bandipora, was on leave and unavailable to hear the plea.
Through his counsel, Advocate Ishtiyaq Mir, Tawseef sought permission to attend the marriage of his real sister, scheduled for May 6 (Wednesday) and May 7 (Thursday). The authenticity of the wedding dates was confirmed through a police report submitted during the proceedings.
A Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar, while hearing the matter, acknowledged the gravity of the allegations against the petitioner and noted that the trial was nearing completion, making regular bail inappropriate at that stage. However, the Bench also recognized the significance of the family occasion and the humanitarian considerations involved.
“We are inclined to permit the petitioner to attend the marriage ceremony of his sister,” the Court observed, choosing a custodial arrangement instead of granting outright bail.
The court directed the Superintendent of District Jail Udhampur to make adequate arrangements to facilitate Tawseef’s participation in the wedding under proper custody and escort. It ordered that he be escorted from jail to the wedding venue with requisite security provided by the concerned district police and be re-lodged in District Jail Udhampur immediately after the ceremonies concluded on May 8. The transportation and escort expenses were to be borne by the petitioner.
Advocate Ishtiyaq Mir confirmed that the High Court’s directions were fully implemented. He said Tawseef attended his sister’s wedding under proper escort and was subsequently taken back to jail after the ceremonies concluded.
Even under stringent laws, constitutional courts continue to balance legal rigour with humanitarian considerations, ensuring that justice does not lose its human face. In this case, the High Court balanced security concerns with compassion, allowing familial duty to be fulfilled without compromising the rule of law. (KDC)
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