PRESS RELEASE 15-06-2011 The Jammu and Kashmir High Court Bar Association Srinagar is upset with the conduct of the police station Kothibagh in dealing the case of Advocate Nazir Ahmad Malik in which FIR No. 53/2011
The Jammu and Kashmir High Court Bar Association Srinagar is upset with the conduct of the police station Kothibagh in dealing the case of Advocate Nazir Ahmad Malik in which FIR No. 53/2011 under section 392, 341 and 323 RPC stands registered with the said police station against the accused including district President congress Budgam Zahid Hussain Jan Baba and his PSO’s on allegations of criminal assault on Advocate Nazir Ahmad Malik. It is worthwhile to mention that the concerned police publically admitted the arrest of the accused persons and the seizure of the vehicles used in the commission of the offences by the accused persons. The copy of the FIR is enclosed with this press Release. The Accused persons on 11.06.2011 approached Hon’ble Court of 1st Additional Sessions Judge Srinagar for anticipatory bail and the ld. Court after satisfying himself that the charges are very serious and accordingly the ld. Court refused to grant anticipatory bail in favour of the accused and felt it necessary to seek report from the concerned police and the matter was accordingly put-up for further proceedings on 14.06.2011. Reportedly the accused were in police custody since 10.06.2011 to 13.06.2011. in view of the fact that the victim was an advocate and member of the J&K High Court Bar Association as such the Bar Association was watching the developments in the court. The accused were neither produced before any court for remand nor did any bail application come forward on behalf of the accused persons to the information of the Bar Association and the victim and members of the Bar Association were under bonafide belief that the matter is being investigated and law will take its own recourse. But today the news item appeared in Daily Greater Kashmir in which the reporter has confirmed the release of the accused persons from the police sources and this release is to the utter surprise of the victim/complainant Nazir Ahmad Malik and to the members of the Bar Association. In view of these circumstances an emergency meeting of the Bar Association was convened in which the pros and cones of the developments above referred were discussed and serious concern was expressed. It was observed that the release of the accused persons has happened without recourse to the judicial process and the police ifso-facto cannot bail out the accused persons when the FIR is already registered in the matter. Copy of which is submitted also to the appropriate authorities CJM Srinagar. In the meeting it was observed that the political influence as apprehended by the Bar Association has come into play to defeat the course of justice. When Nazir Ahmad Malik was contacted by the Bar Association he was totally under shock and annoyance and in a position of helplessness as the investigation according to him has not proceeded in a legal and just manner to the prejudice of the interests of the complainant. In the meeting it was held that appropriate legal action in the matter will be undertaken in order to ensure fair investigation in the matter and the culprits are brought to justice. It was observed in the meeting that before law all are equal and no one is exempted from the applications of law whosoever he may be. The Bar Association calls upon all concerned state authorities to allow the law to take its own recourse uninfluenced political intervention.