The Jammu and Kashmir High Court, while hearing the bail plea of Khursheed Ahmad, who has been arrested under the controversial Unlawful Activities Prevention Act (UAPA), criticized the government for arguing without concrete evidence against the accused to oppose the bail.
The division bench, comprising Justices Atul Sreedharan and Mohammad Yousuf Wani, observed on May 19 that the government was relying on ‘copy-paste’ arguments to oppose bail. Justice Sreedharan went on to say that the rejection of bail based on the government’s submission without any material evidence would amount to a miscarriage of justice.
The bench pointed out that the government's arguments frequently centred around broad themes such as national security, radical Islamism, and allegiance to Pakistan, rather than focusing on concrete evidence against the accused. This approach, they noted, undermines the legal process and risks miscarriages of justice.
Lone, initially arrested in April 2013 under the Public Safety Act and subsequently released in October 2013, faced arrest again in October 2022. The case against him was based on allegations of inciting youth towards terrorism. The prosecution's reliance on generalized national security concerns without specific evidence was a primary concern for the court.
The court emphasized the necessity for the government to provide material evidence that establishes a prima facie case against the accused. Arguments regarding internal security and ideological influences, while relevant, should serve as supplementary to concrete evidence rather than as standalone justifications for denial of bail. The judges warned that the overreliance on such arguments without substantial proof could lead to unjust outcomes.