A principal sessions judge in Srinagar has passed an order complaining that a high court judge obstructed him from granting bail to an individual, kicking up a controversy over the judiciary’s functioning in post-370 Kashmir.
In the order, judge Abdul Rashid Malik recused himself from hearing a plea for anticipatory bail from Srinagar resident Sheikh Salman, saying Justice Javid Iqbal Wani had directed him, through a phone call by his secretary, not to grant bail to Sheikh.
Sheikh faces several charges including attempt to murder.
Several lawyers in Srinagar told The Telegraph that Malik’s order was unprecedented and appeared to support allegations about senior judges and the executive increasingly interfering in the functioning of the lower courts.
Can’t hear bail plea, HC judge’s secy called to say don’t grant it: Srinagar judge
Can’t hear bail plea, HC judge’s secy called to say don’t grant it: Srinagar judge
Principal Sessions Judge Malik did not respond to calls for comment. Judicial Registrar Masrat Shaheen told The Indian Express that she “can’t comment on it”. Updated: December 11, 2020 7:19:41 am
The CJM observed that keeping the student leaders in custody will amount to ruining their career.
In an unusual order that raises questions of propriety, the Principal Sessions Judge of Srinagar expressed his inability to hear a bail application last Monday saying he had received a call from the secretary of a J&K High Court judge, and had been instructed not to grant bail in the matter.