Srinagar (Jammu and Kashmir): The High Court of Jammu and Kashmir and Ladakh has granted bail to a former police officer accused of killing a man in 2006 and falsely presenting him as a militant in an encounter.
Justice Atul Sreedharan expressed astonishment that the trial, which began 17 years ago, was still not concluded. He noted that only 28 out of 72 witnesses had been examined during this period.
"This Court is astounded by the facts of this case. This is a clear-cut case of violation of Article 21 due to the delayed trial. The trial is stalled at the stage of prosecution witnesses, and the State has not demonstrated how the delay could be attributed to the applicant," the judge stated in his order dated July 3, 2024.
The 56-year-old accused, Bansi Lal, sought bail through his wife earlier this year. His lawyer argued that Lal had been in judicial custody for the past 18 years, with only a few months of interim bail during that time. Considering these circumstances, the Court granted bail, ordering Lal's immediate release.
"The applicant is to be released on bail forthwith upon furnishing a personal bond of Rs 50,000 and one surety of the same amount to the satisfaction of the Registrar Judicial," the Court ordered.
The case against Lal and other police officials was initially registered at Sumbal Police Station in Kashmir, where the alleged fake encounter occurred in 2006. The trial was moved to Jammu last year after the State did not strongly oppose the joint petition filed by the four accused, including Lal.
Senior Advocate Sunil Seth and advocate Shanum Gupta represented the accused, while Deputy Advocate General PD Singh represented the Union Territory of Jammu and Kashmir.
In 2007, seven policemen were charged with killing civilian Abdul Rehman Padder, a carpenter from South Kashmir's Larnoo area in Anantnag, in a fake encounter, later presenting him as a militant. The police officers faced charges of 302 (Murder), 120-B (criminal conspiracy), 364 (kidnapping), and 204 (destruction of evidence) of the Ranbir Penal Code (RPC). The seven accused were Hans Raj Parihar, the then senior superintendent of police (Ganderbal); Bahadur Ram, deputy superintendent; Farooq Ahmad Gudoo, then assistant sub-inspector; Farooq Ahmad Paddar, then selection grade constable; and former constables Manzoor Ahmad, Zaheer Abbas, and Bansi Lal.
