J&K Sessions Judge Recuses From Bail Hearing Saying High Court Judge Tried To Influence Decision

In a curious development, a sessions 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.

The Principal Sessions Judge, Srinagar, Abdul Rashid Malik, made a bold move by naming the High Court judge and also his Secretary in the order.

In a written order passed on December 7, the Sessions Judge said that Mr. Tariq Ahmad Mota, 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.

The order recorded the contents of the phone call as follows :

"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."

The order was passed 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.

Following this, the Sessions Judge expressed his "inability to hear the matter" and said in an order dated December 7 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".

 As per case records, the bail application was transferred and posted before the 1st Additional District and Sessions Court on December 11.

The accused was granted anticipatory bail by the 1st Additional District and Sessions Court on Wednesday, according to a PTI report.

Click here to read/download the order