Kamran released from Tihar on bail

Srinagar, Mar 14: Six months after he was detained by police in Pulwama and handed over to the National Investigation Agency (NIA), Photojournalist Kamran Yousuf was on Wednesday released from Delhi’s Tihar Jail on bail.
Additional Sessions Judge, Tarun Sherawat, had, on Monday, granted him bail on two sureties of Rs 50,000 each.
The order came after about a dozen hearings in the case of his arrest.
As per the bail order, a copy of which is with The Kashmir Monitor, the court, while dismissing NIA’s claim that Kamran was “involved in stone-pelting” and “subversive activities”, said his presence on the sites of stone pelting was “intrinsic”.
“Kamran Yousuf was working as a photojournalist…and as such, in my considered view, his presence on the sites of stone pelting incident etc is intrinsic notwithstanding the fact/contention that he was not a permanent employee of any media organisation,” the court observed.
“NIA has not placed on record any single photo/video showing that the accused was indulging in stone pelting activities at any site.”
NIA, the court observed, could not prove that Kamran had any direct link with the 11 others accused in the charge-sheet.
All of them, including Kamran, were booked under Unlawful Activities Prevention Act (UAPA).
Kamran’s counsel, Warisha Farasat, on the other hand, had proven in the Court that he was in touch with a few police officers, including an IAS officer, and photojournalists.
“During the course of arguments, on inquiry, the IO (investigation officer) could not show any direct linkage/chat conversation of Kamran with other accused. Counsel for the accused submitted that Kamran was allegedly in touch with IPS officer, journalists, but none of them is the co-accused in the case. On the other hand, the prosecution did not furnish details of these other suspects despite several opportunities granted for argument,” the court observed.
“…even if, as per the prosecution case, he was in touch/contact with other suspects, it is not explained why the prosecution did not make them accused in this case, or why they did not investigate on their involvement.”
The NIA, the court recorded, had failed to provide the details of the “suspects” the agency claimed Karman was in touch with.
The court said it would be a “serious dent” in personal liberty of Kamran, “as guaranteed under Article 21 of the Indian Constitution if it (the Court) holds an opinion that charges against Kamran are prima facie true.”
Another interesting observation the Court made was that NIA – even though had booked Kamran under UAPA–had “not levelled any specific allegations against Kamran that he has been a member of any particular banned organisation, as the first schedule annexed to UAPA”.
“Even otherwise, mere membership of a banned organisation will not make a person criminally liable unless he resorts to violence or incites people to violence,” the court observed.
Kamran’s counsel told the court that the “protected witnesses” presented by NIA were “deployed as security personnel in battalions of operation forces.”
The court, citing NIA claim that stone pelters were “masked”, asked how were the witnesses were able to identify Kamran.
On this NIA, as per the order, had told the court that the agency had made a “general statement” and that it “may be not be considered as a specific observation of the investigating agency”.
The court observed that even if that was the case, the Test Identification Parade of Kamran should have been conducted.