Srinagar, Dec 31: The High Court Friday directed the state Government to release Kashmir Bar Association president, Mian Abdul Qayoom, on interim bail till January 20.
Court of Justice Mansoor Ahmad Mir granted interim bail to Qayoom and asked him to furnish bail bond to the tune of Rs 1 lakh with two sureties of like amount to the satisfaction of Trial Court.
 Besides, Court dismissed the petition Qayoom had filed through his counsels Zaffar Ahmad Qureshi and Manzoor Ahmad under section 561A CrPC for quashing FIR against him pertaining to waging war against country and 13 Unlawful Activities Act while he was in custody.
 After considering the bail application and the various judgments of the Supreme Court, Justice Mansoor observed that in the given circumstances the bail petition is transferred to the Principal District Sessions Judge Kathua (Trial Court) for disposal under law by January 20.
 Court asked the state Government and petitioner to appear before the transferee court (PDSC) on January 5th.
 Court directed the Bar president not to leave the territorial limits of Jammu and Kashmir without the permission of Trial Court. “He shall not try to win over or harass the prosecution witnesses in any way. In case he makes any disclosure statement, which would lead to recovery, in that event he shall be deemed to be in police custody in terms of section 27 of Evidence Act,” Justice Mansoor directed.
 Court said if the Trial Court refuses bail and rejects the bail petition, the “petitioner has to surrender.”
 Court directed registry to convey the order to the Trial Court today itself and also copy of the same to counsel for the petitioner for placing the same before the Trial Court.
 Meanwhile, another petition filed by Qayoom sought quashment of the FIR “that SHO police station Hira Nagar managed and manipulated filing of a false and frivolous FIR against the petitioner on unfounded and baseless ground.” “The FIR is aimed to cause harassment and involve the petitioner in illegal and malicious prosecution. It is outcome of ulterior motive and to ensure the custody of the petitioner on flimsy grounds,” petitioner said.
 On the other side State filed the reply and resisted the petition on the ground that the investigation of the case is at its infancy and as such the FIR cannot be quashed at this stage.
 State Government said, “If (FIR is) quashed, same would amount to interference with the investigation.”
 In the said FIR allegation against the petitioner is that while meeting the visitors in the jail, Qayoom incited and instigated them and detainees to raise voice against state and central Governments in order to carry on the present turmoil in the state. “Qayoom disturbed the sovereignty, integrity and peace of the state,” state government said. “Qayoom also instigated the public at large in Kashmir Valley to carry on agitation in order to achieve freedom of Jammu and Kashmir from India as he hatched a criminal conspiracy with detenues, visitors and other persons to carry out his illegal activities, designs and plan,” state Government said.
 After hearing Advocate ZA Qureshi and Manzoor Ahmed Dar for the petitioner, and Additional Advocate General AM Magray for the State, court observed that a plain reading of the provision makes it abundantly clear that no prosecution can be initiated under this section except on a complaint made by District Magistrate.
 On July 7, Qayoom was arrested and booked under Public Safety Act for “misusing the Bar platform for secessionist activities, providing legal aid to striking employees, encouraging stone-pelters and launching separate probes against incidents.” However, his first PSA was revoked and second was quashed by High Court.

Lastupdate on : Fri, 31 Dec 2010 21:30:00 Makkah time
Lastupdate on : Fri, 31 Dec 2010 18:30:00 GMT
Lastupdate on : Sat, 1 Jan 2011 00:00:00 IST