Syed Babar Qadri murder case
Excelsior Correspondent
JAMMU, Feb 21: High Court of Jammu & Kashmir and Ladakh has dismissed the petition filed by Mian Abdul Qayoom, ex-Kashmir Bar President challenging his arrest and remand in Advocate Babar Qadri murder case.
After hearing both the sides, Justice Vinod Chatterji Koul observed, “the investigation initially resulted in a charge sheet against six accused, excluding Qayoom. However, a subsequent Special Investigation Team (SIT) constituted by the State Investigation Agency (SIA) in 2022 initiated further investigation, leading to Qayoom’s arrest on June 25, 2024″.
“The grounds of arrest were provided to the petitioner as recorded in the first remand order dated June 26, 2024 as he rejected the argument that the grounds were not furnished at the time of arrest, noting that the Special Judge (NIA) had ensured compliance during the remand process”, High Court said.
Referring to the Supreme Court’s precedents, the High Court reiterated that procedural irregularities in arrest do not automatically vitiate remand orders unless a substantial violation of constitutional safeguards is established.
Spotlighting the compliance with Section 41A CrPC in the instant case, the High Court analyzed the issuance of multiple notices under Section 41A CrPC and observed, “while Qayoom complied with these notices, his arrest was justified by the reasons recorded in the arrest memorandum”. The High Court referred to the Supreme Court’s rulings in Arnesh Kumar Versus State of Bihar and Satender Kumar Antil Versus CBI, which mandate that reasons for arrest must be recorded, especially when an accused complies with appearance notices.
Addressing the petitioner’s challenge to the remand orders, the High Court highlighted the principle that judicial officers must exercise independent scrutiny before granting remand. The High Court found that the Special Judge (NIA) had not acted mechanically but had applied judicial mind, as evidenced by the detailed remand orders reflecting the reasons for Qayoom’s continued custody.
Commenting on the petitioner’s alleged non-cooperation, the High Court noted that despite being served notices under Section 41A CrPC, the petitioner was found to be evasive and non-cooperative during the investigation. The SIT had gathered significant evidence linking Qayoom to the conspiracy behind Advocate Qadri’s murder, justifying his custodial interrogation, the High Court maintained.
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