The Jammu and Kashmir Police have slapped charges amounting to death or life imprisonment against a youth for spreading death rumours of children administered polio vaccine in Kashmir.
Meanwhile, the Court of the Second Additional Sessions Judge, Srinagar, granted bail to Irshad Ahmad Bhat, a resident of the Pirbagh locality of Srinagar, on the grounds that the offence committed by him was not punishable with death or life imprisonment. Besides, the court said the police had failed to complete the investigation within the stipulated time of two weeks.
The police have slapped charges against Irshad under Section 505 (B) of the Ranbir Penal Code, amounting to punishment extending to death or life imprisonment. He had on January 17 uploaded on his Facebook account a “concocted story” of death of children due to polio vaccine.
Irshad was arrested on January 20. He had written on his Facebook account: “Reports coming that polio vaccine used today was expired or toxic, huge number of children got fever, even some death rumours circulating around.”
Panic had gripped Kashmir on January 17 after the rumour mill went into overdrive that children had died after being administered polio vaccine.
The police took cognisance of the rumours and arrested several youths under Section 505 (B) of the RPC in Kashmir.
Meanwhile, Irshad’s family moved a bail application through advocate Tanvir Ahmad Dar before the Chief Judicial Magistrate (CJM), Srinagar. However, the CJM after receiving the police report did not hear the case, saying the offence under Section 505 (B) of the RPC is triable by a Special Judge.
Consequently, Irshad moved a bail application in the Court of the Second Additional Sessions Judge, Srinagar, who granted him bail on the grounds that the police had failed to complete the investigation within the stipulated time.
“The offences in which the accused is alleged to be involved are not punishable either with death or imprisonment for life,” the court said.
Irshad’s counsel Dar had pleaded that the information spread with good intention doesn’t amount to rumour-mongering. He said: “The police have arrested all youths accused of rumour-mongering under Section 505 of the RPC.”
He said his client was innocent and had not committed any offence punishable with death or life imprisonment.
The court said the police had got sufficient time to investigate the case and the accused should be granted bail unless there were circumstances suggesting he would jump bail or thwart the course of justice.
The police had objected to the bail, saying the accused is involved in heinous offences and may tamper with the prosecution witnesses, if released.
However, the court has said the accused was entitled to bail as the investigation in the case for the commission of offence under Section 505 of the RPC, “which is a special offence triable by a Special Judge”, is not complete despite the lapse.
While disposing of the bail application, the court directed Bhat not to leave the territory of Kashmir and not to influence the prosecution witness.
Rumour-monger slapped with death charges, gets bail
