Delhi High Court Denies Parole To Jaish Terrorist To Visit Jammu And Kashmir

The Delhi High Court has denied parole to a convicted terrorist, who has been in jail for more than 20 years and was seeking the relief to go to Jammu and Kashmir, saying there is an apprehension that his presence in the area would be detrimental to the larger security interest.

The convict had sought parole to visit his parents and get married.

The court, however, directed the jail superintendent here to make a one-time arrangement for a video call for Feroz Ahmed Bhatt, a member of terror outfit Jaish-e-Mohammed (JeM), with his parents.

"This may to some extent bring solace to him as a son that he could see his parents and speak to them, even if virtually," Justice Swarana Kanta Sharma said.

"This court is of the opinion that the factum of the petitioner being convicted in a heinous offence and there being an actual apprehension regarding his presence in the area being detrimental to the larger security interest, coupled with the fact that one of his co-accused had again joined a terrorist organisation after being released on parole and was later neutralised in an encounter, are the factors which would come in the path of the petitioner's application for parole.

"Therefore, considering the aforesaid facts and circumstances, this court does not find it a fit case for grant of parole," the judge said.

Feroz Ahmed Bhatt was arrested in 2003 in a terror case and was sentenced to life imprisonment for offences under the Prevention of Terrorism Act, Indian Penal Code and Explosive Substances Act.

His counsel submitted that Feroz Ahmed Bhatt, presently about 44 years of age, has been in judicial custody for more than 20 years and wishes to get married. Since his aged parents are looking for a bride for him, the lawyer prayed that he be released on parole.

However, the plea was opposed by the State's counsel, who contended that in cases involving terror activities and waging war against the country, the convicts should not be granted parole.

He said a co-accused in the case absconded and joined a terrorist organisation after being granted parole.

The court noted that according to Rule 1211 of the Delhi Prison Rules, those convicted for sedition and terrorist activities should not be granted parole except in discretion of the competent authority and in special circumstances.

It pointed out that co-accused Noor Mohammad Tantry was released on parole and instead of returning to jail, he joined a terror outfit again and was neutralised in an encounter with security forces in 2017.

The court said a report received from the Avantipura Police in Jammu and Kashmir, where Feroz Ahmed Bhatt wanted to reside, also mentioned that there is a reasonable apprehension that if he is released, he will abscond and join terror ranks.

The report said Feroz Ahmed Bhatt's release on parole will be detrimental to the overall security scenario in the area.

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