J&K: Senior Sessions judge expresses his inability to hear the case after receiving directions from a HC judge to not grant bail to accused

Shweta Tambade

Srinagar Principal Sessions Judge Abdul Rashid Malik alleged that a Jammu and Kashmir High Court judge had instructed him to ensure that bail was not granted to the accused in a case.

In a matter before the Srinagar sessions court, the secretary to the J&K High Court judge had influenced Malik to not grant bail to the accused.

The sessions court judge, therefore, expressed his incapacity to hear the case.

The Srinagar sessions judge, Abdul Rashid Malik, has made a courageous move by naming the HC judge and his secretary in the order.

On 7th December, a Sessions court judge in a written order stated that Mr. Tariq Ahmad Mota, the secretary to HC Justice Javed Iqbal Wani, J&K, had telephoned him to convey that no bail be granted to the accused of a serious criminal case.

Malik while expressing his inability to hear the case said in an order dated December 7 that “this application is submitted to learned Registrar Judicial, High Court of Jammu and Kashmir with the request that the same may be placed before Hon’ble the Chief Justice as the matter involves the liberty of the person.”

The order recorded the contents of the phone call as follows :

“I have been directed by the Hon’ble Mr. Justice Javed Iqbal Wani to convey you to make sure that no bail is granted to Sheikh Salman. If there is any Anticipatory bail pending, the direction is the same.”

The order was passed in the case of Sheikh Salman Vs. JKUT where the accused was charged with offences of an attempt to murder, wrongful restraint, and hurt under Section 307, 341, and 323 of the IPC.

On 9th December, the accused was granted bail in the matter.