J&K Sessions Judge recuses from Bail hearing saying High Court Judge tried to influence decision

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A session’s judge in Jammu and Kashmir recused from hearing an application for anticipatory bail saying that he got a message on behalf of a High Court Judge regarding the order to be passed in the case.
Abdul Rashid Malik Principal Sessions Judge, Srinagar, made a bold move by naming the High Court judge and also his Secretary in the order.

The Sessions Judge said that Mr. Tariq Ahmad Mota, in a written order passed on December 7, the secretary to Justice Javed Iqbal Wani, judge of the Jammu and Kashmir High Court, had telephoned him to convey the directions of the judge to make sure that no bail was granted to the accused who was seeking anticipatory bail.

Order recorded the contents of Phone call; “I have been directed by the Hon’ble Mr. Justice Javed Iqbal Wani to convey you to make sure that no bail is granted to Sheikh Salman. If there is any Anticipatory bail pending, the direction is the same.”

In the case Sheikh Salman v JKUT where the accused was alleged of offences of attempt to murder, wrongful restraint, and hurt under Section 307, 341 and 323 of the Penal Code, the order was passed.

The Session Judged said in an order dated December 07 while expressing inability to hear the matter that; “this application is submitted to learned Registrar Judicial, High Court of Jammu and Kashmir with the request that the same may be placed before Hon’ble the Chief Justice as the matter involves the liberty of the person”.
On December 11, the bail application was transferred and posted before the 1st Additional District and Sessions Court. According to the PTI report, on Wednesday the accused was granted anticipatory bail by the 1st Additional District and Sessions Court.


Sakshi Patil
“An Investment in Knowledge pays the best interest”. I Ms. Sakshi Patil currently pursuing Bachelors of Law (LLB) from Pune University ,and I believe that Knowledge is a commodity to share and it should be not remain the monopoly of selected few. Studying Law helps me understand how society is govern and how law acts as medicine to heal the society. Keeping positive and open minded approach in every aspect of life is the aim and I hope to learn with every opportunity and can help to those in need and create awareness among people about law and its importance. As quoted by Henry Ward Beecher, ”A Law is valuable not because it is a law ,but because there is right in it.”