STATE TIMES NEWS
JAMMU: Special Judge NIA Ashwani Sharma on Friday rejected the bail application of Ex-Minister Jatinder Singh alias Babu Singh in Hawala case.
During the course of hearing, APP Anil Magotra submitted that applicant is involved in the commission of FIR No 73/2022 under Sections 13/17/18 of UA(P) Act at Police Station Gandhi Nagar Jammu and a sum of Rs 6,90,000 have been recovered from the possession of accused/applicant, Mohd Sharief Shah, co-accused, who was coming from Kashmir to Jammu to hand over Hawala money to Jatinder Singh alias Babu Singh (Ex-MLA/Ex-Minister), resident of Kathua for the purpose of financing Jammu based separatist and secessionist groups and parties to carry out subversive activities against sovereignty, integrity and security of India.
The investigation of the case was transferred to SIA Jammu vide PHQ order 1337 of 2022 dated April 12, 2022 and the CD file along with other relevant documents have been handed over to the SIA for further investigation.
During the course of investigations, the SIA seized all the items and conducted the personal search and cash worth Rs 6.90,000 Indian currency of Rs 500 denomination total 1380 notes, cell phone (Samsumg), Cheque books of J&K Bank, ATM Card of J&K Bank, ATM SBI Bank PAN Card, Aadhaar Card and other items were seized/sealed by them on spot.
Mohd Sharief Shah disclosed during the course of investigation that he had received the cash from an unknown person in Srinagar on the direction of Babu Singh, who told him to give reference to Khateeb while receiving money and before receiving money, he had received whatsapp messages from Pakistan No. (+923005252171).
Accordingly, search was made in the residential house of Jatinder Singh alias Babu Singh at Ward No 1 Kathua and number of raids were also conducted through special teams. Finally, on April 9, 2022, the accused Jatinder Singh alias Babu Singh was arrested from Kirian Gandial, Kathua.
During the course of investigation, CDR /IPDR of contact No. 9419000214 was analyzed minutely and it was revealed that Babu Singh had links with separatists across the Pak handlers.
It was also submitted that the investigation of the case is at its initial stage and the electronic gadgets seized from the applicant and co-accused Mohd Sharief Shah have been sent to FSL Srinagar for expert opinion while collection of technical evidence, questioning of suspects/ witnesses, arrest of other accused is under way.
“If the accused will be enlarged on bail the same will definitely hamper the investigation”, it submitted.
It was also submitted that accused Jatinder Singh also received funds from abroad which were sent to him through Western union and the same were drawn by him somewhere in Punjab in cash. Under the aegis of his party Nature Mankind Friendly Global Party, he has also received funding from abroad for spreading anti India propaganda against the Union of India which needs further investigation, it was stated.
Special Judge NIA Ashwani Sharma after hearing APP Nail Magotra for the SIA whereas Adv Kuldeep Singh Parihar appearing for the accused/applicant Jatinder Singh, observed that the investigation of the case is still pending and the allegations against the applicant are yet to be investigated by the Investigating agency.
It was observed that the applicant being an Ex MLA/Ex Minister of the erstwhile State of J&K and if enlarged on bail at this stage, there are chances of tampering with the witnesses of the prosecution and exercising influence over the witnesses of the prosecution and intimidating them also and nobody would come against the applicant to make the statement either before the Investigating agency during investigation or before the court. The Court further observed that taking into consideration the nature and gravity of the charge, the severity of the punishment, the seriousness of the crime, the position and status of the accused viz-a viz the victim/state and opportunity to approach the victim /witnesses, the likelihood of the accused fleeing from justice the possibility of tampering with the evidence and or the witnesses, obstructing the course of justice and attempting to do so, the possibility of repetition of the offence, the prima facie satisfaction of the court in support of the charges including frivolity of the charge, and the peculiar facts of each case and nature of supporting evidence, the accused does not deserves the concession of bail at this stage and it is settled law that at the time of consideration of bail application, it is neither desirable nor necessary to weigh the evidence meticulously to arrive at a positive findings whether or not the accused has committed offence. What is to be seen is whether there are reasonable grounds to believe that the accusation are prima facie true. The Court further observed that in the present case the question of unity, integrity, security and sovereignty of India in general and UT of J&K In particular is involved in the case in which the applicant herein is alleged to have played a key role. The investigation of the case is at its infancy and if the accused/applicant would be enlarged on bail, the course of justice would be thwarted.
The embargo contained u/s. 43-D (5) of UA(P) Act is also attracted in the present case. Thus in the larger interests of the security of the state the accused is not entitled to bait at this stage. The application, as such, is accordingly rejected and be consigned to record after its due completion.
