CHR News Desk
Srinagar June 5:
In a recent development, the court has denied bail to two self-proclaimed journalists, Nadeem Ahmad Ganie and Salman Mansoor Shah, who are facing serious charges of rape and extortion. The decision by the court comes as a blow to the accused, who had sought release on various grounds, including alleged improvements in the victim’s statement and purported fabrication of evidence.
The 2nd additional sessions judge of Srinagar, while considering the bail applications, acknowledged that rape is a grave offense that not only violates a woman’s basic human rights but also has a devastating impact on her physical and emotional well-being. The court stressed the need for sensitivity and careful examination of sexual crime cases, emphasizing that personal liberty must be balanced with the interest of justice and society.
The court noted that the statements of key witnesses, including the doctor and the investigation officer, are yet to be recorded. This highlights the significance of their testimonies in providing crucial evidence and shedding light on the veracity of the allegations. The court expressed concerns that releasing the accused at this stage could potentially influence the case and obstruct the gathering of comprehensive evidence.
The bail applications argued alleged improvements made by the prosecutrix in her statement, contradictions, unexplained delays in filing the FIR, and the non-seizure of the mobile phone used for WhatsApp messaging. However, the court clarified that such aspects pertain to the merits or demerits of the prosecution’s case and cannot be considered at this stage of the bail application.
The court firmly stated that rape is a heinous crime that leaves a lasting impact on the victim, causing feelings of degradation, humiliation, and guilt. It emphasized that society should not view women with derision or as objects of desire but rather protect their dignity, honor, and sanctity. Rape not only inflicts physical injuries but also deeply scars a woman’s cherished possessions, such as her reputation and chastity.
With the denial of bail, the accused journalists will remain in custody, awaiting further proceedings in the case. The court’s decision highlights its commitment to ensuring a fair and thorough examination of the allegations, prioritizing the rights and well-being of the victim. The trial will continue to unfold as the prosecution presents its evidence, including the statements of key witnesses such as the doctor and the investigation officer. These testimonies are expected to play a crucial role in establishing the facts of the case and determining the guilt or innocence of the accused.
