A court in Baramulla has expressed surprise how a politician provided requisite security and protection by the State can be declared as absconder on the request of the police.
“Applicant/accused no. 1 (Mirza Sajad Hussain Beigh son of All Mohammad Beigh R/o. Hawal at present Khoshipora Zainakote Srinagar) being a politician having affiliation with a National level political party had contested Parliament election from Anantnag Constituency in 2019. Therefore, this Court is surprised to know that how a politician provided requisite security/protection by the State can be declared as absconder which has happened in the present case where the applicant/accused no. 1 being a protected politician had absconded during investigation and after launching of prosecution against him he came to be declared as absconder on the request of the police by this Court vide order dated 05.05.2018,” Sub Judge Baramulla, Manzoor Hussain, observed while rejecting Mirza Sajad Hussain Beigh’s plea for fresh bail in a case (FIR No. 38/2018 Offences: 380, 109, 120-B RPC).
“On careful examination of the file and from the given circumstances of the matter, this Court has arrived at the conclusion that the applicant/accused no. 1 (Mirza Sajad Hussain Beigh) is taking the orders of the court lightly,” the court said, adding, “He doesn’t bother to respect the law of the land and the legal directions issued by the Court.”
Mirza Sajad Hussain Beigh being a politician has more responsibility to ensure the supremacy of law and is expected to respect the law of the land, the court said.
“Being a responsible citizen he has voluntarily and intentionally by taking undue advantage of having exercised discretion of bail in his favour
by this Court, has violated the terms and conditions of the bail which resulted in forfeiture of his bail bond to the State, therefore, this Court has no reason/justification to again exercise the discretion of bail in favour of the applicant/accused no. 1,” the court said and rejected Mirza’s plea for bail.
“The applicant/accused no. 1 is directed to be sent to judicial lockup to be lodged at District/Subsidiary Jail Baramulla with the direction to the concerned Superintendent of Jail to ensure the presence of the applicant/accused no. 1 (Mirza) in this Court on the next date of hearing…..”
The State was represented by Javaid Manzoor assisted by Toiba Shafi (APP) while advocate Irfan Rashid Advocate represented Mirza before the court.
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