Jammu: Justice Vinod Chatterji Koul of the Jammu & Kashmir and Ladakh High Court has dismissed the petition filed by Mian Abdul Qayoom, former Kashmir Bar President, challenging his arrest and remand in the Advocate Babar Qadri murder case.
Justice Koul, after hearing both sides, observed that the investigation initially resulted in a charge sheet against six accused, excluding Qayoom. However, a subsequent Special Investigation Team (SIT), formed in 2022 by the State Investigation Agency (SIA), led to Qayoom’s arrest on June 25, 2024.
Advocate Sakal Bhushan, representing Qayoom, argued that the arrest was illegal due to non-compliance with Section 41A(3) Cr.P.C. and Article 22(1) of the Constitution, claiming that the grounds for arrest were vague. Senior Additional Advocate General Mohsin Qadri argued that Qayoom’s arrest followed due process, with sufficient evidence linking him to the conspiracy behind Qadri’s murder.
Justice Koul noted that the grounds for arrest were provided in the first remand order, rejecting the claim of non-compliance. He also referred to Supreme Court precedents and highlighted that procedural irregularities in arrest do not automatically invalidate remand orders unless substantial violations are proven.
The court upheld the validity of Qayoom’s arrest and remand, noting his non-cooperation during the investigation and the substantial evidence gathered by the SIT. The habeas corpus petition was dismissed, and Qayoom’s arrest was deemed lawful.
