New Delhi, Jul 15: The Supreme Court on Monday declined to order the premature release of Ghulam Mohammad Bhat, a convict in a triple murder case allegedly linked to a terrorist act.
\nA bench comprising Justices Ahsanuddin Amanullah and SVN Bhatti, however, allowed Bhat to challenge the remission policy of Union Territory of Jammu and Kashmir by filing an application in another pending case.
\nThe bench heard Bhat\u2019s plea for early release on the ground that he had served 27 years in prison.
\nWhile senior advocate Colin Gonsalves appeared for Bhat, additional solicitor general K M Nataraj represented the union territory.
\nBhat allegedly entered the residence of an Army informer and opened fire with an AK-47 rifle, killing three persons.
\nExplosive devices, including a Under Barrerl Grenade Launcher grenade, were also reportedly recovered from the scene, the prosecution alleged.
\nNataraj submitted killing civilians for allegedly providing information to the Army amounted to a terrorist act and therefore Bhat was disentitled from availing benefits of premature release.
\n\u201cThe act was intended to create fear and deter cooperation with lawful authorities. This goes beyond a simple murder,\u201d he said.
\nAgreeing with the contention, the bench said \u201cIf the act was committed to create fear, to ensure that no one dares to side with the law, then it certainly carries the characteristics of a terrorist act.\u201d The top court continued, \u201cEven if TADA was not invoked during trial, that doesn\u2019t automatically disentitle the court from assessing the true nature of the offence for the purposes of remission.\u201d Gonsalves, however, argued Bhat was convicted only under Section 302 IPC (murder) and the Arms Act, and not under any anti-terror legislation TADA.
\n\u201cNothing was proved in court to attract the provisions of TADA. The trial court or the high court never found it to be a terrorist act,\u201d he said, citing precedents of similarly-situated convicts who were granted premature release.
\nThe bench remained unconvinced and added, \u201cWe tentatively agree that the act appears aimed at sending a message that those who cooperate with authorities will face lethal consequences. We cannot turn a blind eye to such implications.\u201d When the counsel for Bhat referred to other premature release cases, the bench noted the absence of a comparable remission policy.
\n\u201cWe don\u2019t have the remission policy before us. Without it, how can we draw analogies?\u201d it asked.<\/p>\n
Gonsalves then sought liberty to challenge the J&K remission policy within the ongoing proceedings.
\nThe bench allowed him to file an interim plea in a pending matter challenging the same policy. (AGENCIES)<\/p>\n","protected":false},"excerpt":{"rendered":"
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