NIA court grants 7-days custody parole to Kashmiri detainee to complete rituals after father’s death

New Delhi, Nov 16: The NIA Court in New Delhi on Saturday granted seven days custody parole to accused Bilal Mir to complete rituals on account of his father’s death in Srinagar, Kashmir. Bilar Mir is an accused in an alleged terror-related case lodged by the National Investigation Agency (NIA).

The court said that he would be lodged in the nearest Central Jail and during the day he would be taken to his place.

His father Ghulam Mohammad Mir died on 14 November due to a heart attack in Srinagar, Kashmir.

Principal District and Sessions Judge Vimal Kumar Yadav granted 7 days of custody parole to Bilal Mir after considering the facts and submissions.

“As such, the applicant is granted Custody Parole for a period of seven days with effect from 16.11.2024 excluding the travel time to reach his place in Kashmir,” the court ordered.

Thus, considering the entire gamut of facts and circumstances, especially the fact that father and for that matter, any blood relative has a special place in the life of every human being, the loss of which cannot be compensated in any manner.

It is the family members and the close relatives who, in a way, stand by each other, console and comfort each other so that the pain can be withstood if not totally erased, the court added.

The travel expenses shall be borne by the applicant, for which the arrangement shall be made by the prison authorities.

An application seeking interim bail for a period of 14 days, was moved on November 14 to enable him to perform the rituals on account of the death of his father and to undertake and complete other rituals and social formalities.

Along with the plea, a copy of the casualty card of Government SMHS Hospital, Karan Nagar, Srinagar, Kashmir was placed on record.

The court said that having considered the submissions made by the contesting sides and the fact that the father of the applicant is no more, therefore, the family of the deceased including the applicant needs to be together to console and comfort each other and try to come out of this bereavement together.

However, the apprehensions and the objections expressed by the NIA cannot be ignored either, the court said.

It directed that except for the close family members/blood relatives, the applicant shall not be permitted to meet anyone with the exception of any longtime friend after verifying his/her credentials and a record of such meeting in the shape of the identification document address shall be maintained.

The court directed that none from the public or press, etc., shall be permitted to meet or connect the applicant in any manner nor should he be permitted to communicate with anyone except as stated above through any medium like Telephone(s)/mobile(s), internet, digital devices, etc.

It directed that the prison authorities shall ensure the security and safety of the applicant in coordination with the local police and if need be, with the NIA.

The applicant shall be lodged in the nearest Central Jail as the Custody Parole is for a period of seven (7) days and the situation would arrive where he has to be kept in safe custody after his visit to his place during the daytime.

The Officer in charge who would be tasked to take the applicant to Kashmir and bring him back to Delhi would be at liberty to cut short the visit and bring the accused/applicant back before time, in case of violation of any of the conditions or circumstances threatening the law and order or any such eventuality being cropping up, which may justify the same, the court ordered.

Advocate Kartik Venu appeared for Bilal Mir and submitted that the applicant is the sole surviving son of the deceased, having no siblings or other successors to do the rituals as per the Muslim rites and customs, which vary according to the particular sect within Islam.

As such, it is sought that the applicant may be considered for interim bail for two weeks on purely humanitarian grounds as the applicant is ready and willing to furnish appropriate sureties and undertakings as may be required, he further submitted.

The NIA contested the application and filed a reply. It submitted that the applicant happens to be actively involved in various illegal activities as can be seen from the Charge framed, therefore, instead of interim bail, the applicant may be considered for Custody Parole in view of the situation in which he has been placed, purely on humanitarian grounds.