Kamran, a photojournalist, covered all kinds of incidents: Court tells NIA

Underling that National Investigating Agency has not placed on record any single photo showing that the Kamran Yousuf indulged in stone pelting at any site, a Delhi court has granted bail to photojournalist, Kamran Yousuf, who was arrested in September last year by the Agency. 

“The NIA has not placed on record any single photo / video showing that the applicant/accused was indulging in stone pelting activities at any site,” court of Additional Sessions Judge Tarun Sherawat observed, while granting bail to Yousuf. 

   

The court said it would make “serious dent” in personal liberty of the accused, “as guaranteed under Article 21 of the Constitution”, if the court holds that there are reasonable grounds to show that the charges against Kamran prima facie are true. 

Yusuf, 22, and 11 others were chargesheeted and booked under Unlawful Activities Prevention Act (UAPA). He was lodged in Tihar Jail after his arrest by the NIA on September 5 last year. 

“Before I advert to the rival contentions of the opposite parties, I may mention that admittedly applicant/accused ( Kamran Yousuf) was working as photo journalist and was covering all kinds of incidents ranging from social cultural, political and economic and other activities in the Kashmir and as such in my considered view , his presence on the sites of stone pelting incident etc is intrinsic notwithstanding the fact / contention that he was not a permanent employee of any media organization,” the court observed. 

The court also said the NIA could not produce any direct link between Yusuf and others chargesheeted in the case.

“Prima facie, I may note that the prosecution has not leveled any specific allegations against Kamran that he has been a member of any particular banned organization, as the first schedule annexed to UAPA. Even otherwise, mere membership of a banned organization will not make a person criminally liable unless he resorts to violence or incites people to violence,” the court observed.

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