A court of the National Investigation Agency (NIA) granted bail to 17 persons allegedly involved in the lynching of the Deputy Superintendent of Police (DySP) outside Jamia Masjid at Srinagar in 2017.
On June 22, 2017, the Dy SP Mohammad Ayub Pandit was lynched to death when people were observing Shab-e-Qadr outside Jamia Masjid, Nowhatta.
According to reports, a total of 20 accused are facing trial in the case under FIR 51/2017 under Sections 302, 148, 149, 392, and 341 of the Ranbir Penal Code (RPC) and 13 of the UA(P) Act.
"This court is also conscious of the fact that there are stringent conditions for bail under Section 497 (1) (ii) of CrPC Act but the said condition will apply if after perusing the entire material and the statement of witnesses recorded during trial, this court will believe that there are reasonable grounds believing that the accused person or applicant is guilty of an offence mentioned in the chargesheet", the court observed in its 81-page order.
Investigating team failed to produce substantial evidence
"But in the present case after perusing the material available on record including the statement of the witnesses recorded during trial, there are no reasonable grounds believing that accused persons or applicants are guilty of an offence as alleged in the chargesheet", the NIA Court mentioned in its order.
The Court further observed that there is neither any direct nor substantial evidence on the record which could connect the accused or applicants with the alleged crime.
"So, in absence of ocular as well as substantial evidence on the record, the grounds taken by the counsel of accused persons carry weight," the Court further mentioned.
Dy. SP was stripped, stoned to death outside the mosque in full public view
Dy.SP Mohammad Ayub Pandit who was on security duty outside a mosque was stripped and stoned to death by an unruly mob on June 23, 2017.
Pandit was posted at the access control of the Jamia Masjid in downtown Srinagar to prevent miscreants from vitiating the atmosphere and allow people to offer prayers in peace.
Pandit was seen moving around near Jamia Masjid in the Nowhatta area shortly after midnight as people were observing Shab-e-Qadr, which involves prayers and supplications at mosques and shrines in the Valley through the night.
Some miscreants caught hold of Pandit and started beating him up. Pandit then took out his service pistol and opened fire to save himself. The mob overpowered him, stripped him, and stoned him to death.
