Court rejects bail application of slain militant’s mother booked under UAPA

A court here has rejected bail plea of a 57-year-old woman serving detention under Unlawful Activities Prevention Act (UAPA).

Naseema Bano, wife of Abdul Salam Sheikh, of Rampur village of Qaimoh in south Kashmir’s Kulgam district was detained by a joint team of police and army during a raid at her residence in the intervening night of June 20 and 21.

   

She was booked for posing with a gun with her slain son, Tauseef Sheikh, a Hizb militant who had joined the ranks in 2013 and was killed in a gunfight in Shopian in May 2018.

Bano is also accused of her involvement in “recruiting two youth in militancy in 2018, providing logistic support and shelter to militants.”

A case (FIR No 30) of 2018 under Sections 13B, 17, 18, 18B, 19, 39 of the UAPA has been registered against her. She is currently detained at Women police station Anantnag.

Early, this month she had to be shifted to GMC Anantnag after her health condition deteriorated.

Her blood-sugar level had also drastically gone up. Naseema later moved a bail application before a special judge, designated court in Anantnag under NIA Act through one of her sons on health grounds.

Her son stated that her mother has been falsely implicated. However, the special judge, after hearing the arguments of both prosecution and counselors of the accused rejected the bail.

“Overall analysis of the matter in its totality, I am of the considered opinion that at this stage there appears a reasonable ground for believing that the accusations against the applicant are prima facie true. As such in view of the proceeding analysis, there appears to be no merit and substance in the bail application of the petitioner,” the court observed.

It directed the respondents (police) to provide better treatment to the accused after consulting the specialist doctor.

“The application being devoid of any merit is rejected. Application is accordingly disposed of,” the court said.

Earlier, counsels of the accused woman argued that her detention was unjustified.

“An investigation into the case is almost complete and her further detention won’t serve any purpose. There is nothing on record which can connect the applicant with the commission of crime imputed to her,” they said.

They said as the offence in which the accused has been arrested does not carry the punishment of death or life imprisonment, and hence she cannot be denied bail.

They informed the court about the severe ailments she was suffering from.

“Her health condition had deteriorated and she had to be shifted to hospital. So, if her detention is pro-longed she won’t be able to take care of health,” her counsels argued.

The prosecution, however, vehemently opposed the bail on the grounds that the accused was involved in the “serious offenses against the sovereignty and integrity of the country.”

“In view of the nature of charges, there are chances of the accused absconding if released on bail,” it said.

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