Jammu and Kashmir Court grants interim bail to man accused of ‘promoting enmity’ for comment on non-local officials

A Jammu and Kashmir courtroom docket currently granted bail to Sajad Rashid Sofi, accused of selling enmity for his remarks at a Janata Darbaar that he has no expectancies from non-neighborhood officials published withinside the Union Territory of Jammu & Kashmir (Sajad Ahmad Sofi v. Union Territory of Jammu & Kashmir).

As in line with the police report, fifty-year-antique Sofi made the remark at some stage in an interplay among locals and the Jammu and Kashmir Lieutenant Governor’s advisor, Baseer Ahmad Khan, at Mansbal in Central Kashmir’s Ganderbal district on June 10.

During the interplay, Sofi is said to have stated,

“Mein aapse umeed rakhta hoon. Chunki aap ik Kashmiri hain aur samajh sakte hain, aur mein aap ka gareban pakad sakta hoon aur aapse jawab talab kar sakta hoon. Magar gair-riyasati afsaron se kya umeed rakh sakta hoon?”

(Translation: ‘I will have expectancies from you due to the fact you’re Kashmir-primarily based totally and you could recognize us. I can take hold of you via way of means of the collar and are searching for answers. But what expectancies can I even have from officials who’re outsiders?’)

Reports stated that those feedback have been objected to via way of means of the deputy commissioner (DC) of Ganderbal, Krittika Jyotsna who become gift on the event. DC Ganderbal is an IAS officer of the 2014 batch of the Uttar Pradesh cadre. She become despatched to Jammu and Kashmir on inter-cadre deputation in February 2021 for a duration of years along side her husband, who’s additionally an IAS officer, and holds the important thing portfolio of Information Direction in Jammu and Kashmir.

Sofi become booked via way of means of the Jammu and Kashmir Police and a crook case become registered towards him at Safapora Police Station below Section 153-A of the Indian Penal Code (IPC) for selling enmity among groups.

Sofi proceeded to transport a bail software earlier than the courtroom docket of the Judicial Magistrate, first Class, Ganderbal.

On June 12, Judge Fakhr Un Nissa granted period in-between bail to Sofi until June 21, 2021, difficulty to diverse conditions, which includes that he’ll continue to be gift earlier than the investigating officer worried as and while directed to achieve this and shall continue to be gift earlier than the courtroom docket on the subsequent date of hearing.

“Needless to say that bail is a rule and its rejection is an exception. Bail in non-bailable crime can’t be refused with out assigning sturdy purpose despite the fact that bail is a discretion of the courtroom docket and restraint of bail can’t be exercised arbitrarily. The allegedly devoted crime attributed to the applicant does now no longer bring lifestyles imprisonment or dying penalty debarring this courtroom docket to exercising discretion of bail in favour of the applicant. As such, this courtroom docket has a enough purpose to exercising discretion of bail in favour of the applicant … with out going into the intensity of the deserves of the case, the on the spotaneous software is permitted and the accused individual is admitted to period in-between bail upto 21-06-2021 supplied he’ll supply surety and private bonds amounting to Rupees 30,000/- earlier than the SHO worried,” the Court’s order said.

The depend may be taken up subsequent on June 21.

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