26-Sep-2023  Srinagar booked.net


Court Rejects Cop’s Bail Accused Of Fake Encounter



Bandipora: The court of the Principal Sessions Judge in north Kashmir’s Bandipora has dismissed the bail application of Farooq Ahmed Guddu (accused of picking up a civilian and killing him in a fake encounter in 2006) on medical grounds.

The accused ASI Farooq Ahmad Gudoo moved bail application on “medical grounds” in connection with a case—FIR 52 of 2006 which pertains to the alleged fake encounter killing of one Ghulam Nabi Wani from Nowbug, Kokernag. Wani who was allegedly picked up from outside Biscoe School in Lal Chowk here where he used to sell clothes.

A father of four children, Wani was killed in an alleged fake encounter in Sumbal Bandipora district in 2006. He was passed off, according to the SIT charge sheet, as Zulfikar Ahmad, a resident of Pakistan Controlled Kashmir.

The court said it has to maintain the balance between the two aspects. “On the one hand is the accused person who is seeking short term bail and on the other hand the family members of the deceased including his wife and minor children,” the court said, adding, “Therefore, in such circumstances a petitioner (Gudoo) who is an accused committing such types of horrendous crime of murder is not entitled for medical bail.”

The disease which Gudoo is suffering from can be managed under the supervision and control of the concerned superintendent jail from the specialized hospital of the district where the accused is presently lying in judicial lock up, the court said.

While rejecting the bail plea, the court said “it is proper to highlight this fact that the accused persons who are involved in this FIR are none other than the police officers/officials and under the garb of the police uniform such type of fake encounter was committed definitely shaken the basic faith and confidence of the common man in the working of the police organization.”

“The crime committed by this accused person become more severe simply because of this reason that the deceased who was actually killed in this encounter was actually the resident of the village of the accused,” the court said, adding, “the deceased was working as a street vendor near BISCO School at Srinagar and it is from this place when he had been lifted by the police from the spot. Thereafter he was kept in the SOG Camp at Manasbal.”

However, the petitioner argued that his co-accused, Hans Raj Parihar, had been granted interim bail due to medical reasons, and therefore, similar treatment should be extended to him. The petitioner claimed that his prolonged detention had resulted in health issues, including hypertension, generalized weakness with LBA (low backache), and chronic dermatitis, impairing his ability to communicate and behave normally.

In its final decision, the court dismissed the bail application, emphasizing that medical bail is granted for specific treatment purposes, and in this instance, there was no justification to extend the concession. The court also highlighted that the accused’s detention in the present FIR had prevented him from availing the previously granted bail. As a result of the dismissal, Guddu will remain in custody while the trial proceeds. The court emphasized the importance of striking a balance between individual interests and public interests, particularly given the heinous nature of the offenses involved.