x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   Jaish-e-Mohammad 'threatens' to blow up railway stations in Punjab, Rajasthan, Uttarakhand | Voting fervour continues for 2nd phase of polls in J&K | DB extends six weeks time to complete enquiry | DB directs JMC, JDA to file status report regarding action taken against encroachers | Migrant Kashmiri Pandits protest on finding names missing from electoral rolls | Omar hopes Centre, Election Commission soon hold Assembly polls | Rajouri police destroy poppy straw cultivation | Couple in wedding attire reaches polling booth to vote | Governor must intervene to check open loot of Pvt Schools: Dogra Sangathan | Gang using fake gun for robberies busted in Sopore, says Police | Police recover 10 grams heroin | CDE programme conducted at Institute of Dental Sciences Sehora | BGSBU organizes Lamp Lighting Ceremony | Presiding officer among two officials suspended in Kishtwar | Normal life affected due to strike in Srinagar Lok Sabha constituency | Polling for Doda-Udhampur-Kathua LS seat concludes | Drug peddler arrested, charas recovered | Special cancer awareness programme held at State Judicial Academy | Residents of Nuner village pledge 'not to vote' at militant's funeral | No vote Cast in 90 booths in Srinagar Lok Sabha seat | JKOA discusses sports related issues | Will the State Govt employees listen to Govt's directive? | Protecting our heritage & Cultural Sites | Influential RDD clerk occupies AEE's accommodation, withdraws HRA | NC, PDP fighting for survival | Geelani makes Kashmir issue family affair, condemns NIA notice to son | DSS a Hole in Jammu BJP boat | Defeating terror threats, Kishtwar District witnessed 66% voter turn out | Threats by stone pelters, militants keep people away from polls | Governor presented "Jammu & Kashmir-Essays in Society, Culture and Politics" | BJP, Congress make UT a major poll plank | J&K records 45.7 percent voter turnout in second phase: CEO | Relative cheats Kathua rape victim's family of Rs 10 lakh | PDP's sellout responsible for losses in valley: G.A. Mir | Miscreants resort to stone pelting, SF exercise restraint | DH Pooch without skin, ENT specialist | DPS celebrates World Heritage Day | Himalayan heritage museum observe world heritage day | Paresh Bhat gets state award | CEO Bharti AXA honoured Tarun Sharma | Workshop on POCSO conducted at Jodhamal | World Heriatge Day: Sanskritians visit Dogra Art Museum | NSS camp concluded | Heritage Celebrates World Heritage Day | Havan performed at DCCPS | AMHSS celebrates Good Friday, Easter Day | Majority boycotted, few voted | Ban on smoking observed in breach | Cross LoC trade suspended via Salamabad, Chakan-da-Bagh in JK | Amid protests, shutdown LS polls held in Srinagar, Udhampur witnesses overwhelming voter turn out | Kupwara doctor suspended for refusing ambulance to pregnant lady | Some workers attack AIP youth leader in Bhaderwah | Leaking pipes cause water crisis in Surankote | School building constructed under SSA scheme unsafe | Drug peddler arrested in Sopore | Selection for the Indian team in 19th South Asian Karate championship | Seminar on non-violence, communal harmony organized | Orientation programme for Rehbar-e-Khel teachers' organized | Not to fiddle with legitimate scholarship of STs, Pahari students: Dr Shazad to Govt | IGNOU organizes induction meet | KVK Reasi organizes field day on wheat crop | General observer reviews poll preparedness in Shopian | Expenditure observers review monitoring mechanism in Pulwama | Training for Noorababad, Devsar poll staff today | Talwara, migrants denied right to vote in elections | Congress condemns arrest of CPIM secretary, seeks re-poll at 2 polling stations | JK treasure trove of distinct cultures, heritage: Advisor Ganai | Power shut down | 8 candidates file nominations for Ladakh PC | Back Issues  
 
news details
NIA Act: HC dismisses bail plea of 'habitual offender' from Shopian
7/11/2018 10:26:57 PM
Early Times Report
Srinagar, July 11: The J&K High Court has dismissed an application by an accused for filing it before single bench rather than the division bench as provided by the NIA Act.
The petitioner Nisar Ahmad Najar had urged in the application for grant of the bail in the case bearing FIR No. 282/2016 for the commission of offences punishable under Section 13 of the Unlawful Activities (Prevention) Act, 1967.
Najar is lodged in Central Jail Srinagar under the PSA. The order was assailed before the court and it was pleased to quash the same vide order dated May 26, 2017. However, he said, instead of releasing him from custody, yet another order of detention bearing No. 109/DMS/PSA/2017 dated October 6, 2017, was passed and till date the accused is languishing in jail.
The accused said that he filed an application for the grant of bail before the court of Principal Sessions Judge, Shopian, in various FIRs, including the FIR No. 282/2016, with the prayer for his release on bail on the grounds that he has been involved in these cases without any justification, proof or evidence.
He submitted in the application that he is an innocent person and by continuing him in the detention, he will not be in a position to defend himself effectively and prove his innocence. However, the bail application was rejected by the court.
The government filed the objections, stating that the application was not maintainable as the applicant ought to have filed an appeal or revision against the order instead of approaching this court. The government further stated that the offence under Section 13 of the Act of 1967 is triable by the Special Court only.
Furthermore, it stated that the accusations against Najar are well founded, as such, no bail can be granted to him.
The government also stated that the accused is not only involved in unlawful activities, but is also involved in so many other FIRs registered against him for the commission of different offences. It is further stated that the accused is a habitual offender and has been instrumental in fomenting trouble in district Shopian, every now and then. The respondent has further stated that it will be detrimental to the state at large, if the accused is left to roam scot freely.
After hearing both the parties, the a bench of Justice M K Hanjura observed that an order of the rejection of the bail passed by the Special Court under the NIA Act of 2008, is appealable and the appeal shall lie before a bench of two Judges of the High Court.
On the analogy of Section 21 of the Act, the court said that the order passed by the Special Court in the application for bail has to be appealed against and the appeal shall lie before the Division Bench and not before the Single Judge of the High Court.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU