JAMMU, Jul 25: A special NIA court has rejected the interim bail plea of dismissed police officer Devinder Singh but granted him a five-day custody parole on humanitarian grounds to attend the post-death rituals of his father in Srinagar next week.
Singh, a former Deputy Superintendent of Police who was attached to the anti-hijacking cell at Srinagar Airport, was arrested in January 2020 while allegedly transporting Hizbul Mujahideen militants, including self-styled commander Syed Naveed Mushtaq, through south Kashmir’s Anantnag district. The National Investigation Agency (NIA) later chargesheeted him in the case, and he was dismissed from service in 2021.
According to the application filed before the court, Singh’s father Deedar Singh died in Srinagar on July 17. Currently lodged in Kot Bhalwal Central Jail, Jammu, Singh had sought 20 days’ interim bail to attend the cremation and subsequent religious ceremonies.
The court was informed that his appeal against the rejection of regular bail is pending before the High Court of Jammu and Kashmir and Ladakh.
In an order passed on July 21, Special Judge Prem Sagar dismissed the request for interim bail but permitted Singh to attend the Akhand Paath and other post-cremation rituals at his family residence in Srinagar from July 27 to July 30 under police escort.
“Keeping in view the facts and circumstances of the case, the prayer for interim bail is not accepted as the applicant’s appeal against the rejection of regular bail is already pending. However, the court partly allows the application purely on humanitarian grounds to enable participation in the religious rituals,” the judge said.
The court directed that Singh will remain on custody parole during the four-day period and must return to jail on July 31. He will remain in police custody throughout the parole and may attend the ceremonies only between 10 am and 4 pm each day, with adequate security arrangements in place.
The NIA opposed the interim bail request, arguing that Singh is facing trial for serious offences related to national security under provisions of the IPC, Unlawful Activities (Prevention) Act (UAPA), Arms Act and Explosive Substances Act.
The agency pointed out that Section 43D(5) of the UAPA imposes strict limitations on the grant of bail and noted that Singh’s regular bail appeal is scheduled for hearing before the High Court on August 4.
“Given the gravity of the allegations and the fact that several prosecution witnesses are yet to be examined, there is a reasonable apprehension that the applicant could influence witnesses or interfere with the trial if released on interim bail,” the NIA submitted.
However, the agency told the court that it had no objection to custody parole on humanitarian grounds, provided that Singh remained under continuous police escort and appropriate security measures were ensured throughout the visit.
