Mufti govt opposes Masarat’s release

Ishfaq Tantry

Tribune News Service

Srinagar, April 21

The state government has opposed the release of hardline separatist leader Masarat Alam Bhat, who has applied for bail in the Pakistan flag hoisting case.

Opposing the bail application of Masarat and describing him as a habitual offender, the government has told the Chief Judicial Magistrate, Budgam, where the bail application is listed for hearing, that his “activities are against the sovereignty of India” and his release on bail at “this juncture will threaten the sovereignty and integrity” of India.

The 45-year-old hardliner was arrested from his home in the Habbakadal area of Srinagar city on April 17 amid mounting outrage over his raising of pro-Pakistan slogans and flags at a rally on April 15, which was organised to welcome chief of the hardline faction of the Hurriyat Conference Syed Ali Shah Geelani’s arrival from Delhi and was also attended by Masarat. Masarat, who is currently in police remand, was earlier released after four years detention on March 7, which had also created outrage.

“The offences are heinous in nature and non-bailable so bail cannot be claimed as a matter of right”, the state government led by Chief Minister Mufti Mohammad Sayeed has submitted in its objections to Masarat’s bail, filed through Chief Prosecuting Officer of Budgam before the court, where the matter was listed today.

While taking Masarat’s bail application on record, CJM Kamlesh Pandita had on March 18 directed the police to file its report and also directed the prosecution to submit it objections to the bail application.

While registering an FIR at the Budgam police station against Geelani, Masarat and others under Section 120-B, 147, 341, 336 and 427 of the Ranbir Penal Code and 13 of the Unlawful Activities Prevention Act on April 15 immediately after Pakistan flags were raised in Geelani’s rally, the state government had later defended the arrest of Masarat on April 17 by issuing a handout, stating that he was arrested for “seditious activities.”

The government in its objections filed through the prosecution has further said that the offence under Section 121 (waging war against the country) of the RPC, which was not mentioned earlier in the FIR and has been added after arresting Masarat, carries punishment of death or imprisonment to life and is also liable to fine if proved. “As such Section 479 (1), Criminal Procedure Code (Cr.PC), clearly restricts the powers of the court to release the accused on bail,” the government has argued while opposing the release of Masarat on bail.

Describing Masarat as a habitual offender, against whom 28 cases are registered, including the present one, the government in its objections has further stated that his activities are also against the security, peace and sovereignty of the state. Stating that the investigation of the case is at the preliminary stage, the prosecution has submitted that Masarat’s custodial interrogation is further needed by the police.