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NIA Court Denies Bail to Ex-DSP Devinder Singh, Grants Parole for Father’s Rites

J&K: NIA court denies interim bail to ex-DSP Devinder Singh; allowed custody parole for father’s last rites

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A Special National Investigation Agency (NIA) Court has refused to grant interim bail to former Deputy Superintendent of Police Devinder Singh, who is facing charges related to national security. However, the court has permitted him a five-day custody parole on humanitarian grounds to attend the final rites of his deceased father in Srinagar. The decision comes after Singh’s father, Deedar Singh, passed away on July 17.

Devinder Singh, formerly posted with the anti-hijacking wing at Srinagar airport, was apprehended on January 11, 2020. At the time of his arrest, he was allegedly transporting two militants associated with the Hizbul Mujahideen, including the self-styled commander Syed Naveed Mushtaq, along the Srinagar-Jammu National Highway in the Anantnag district. The NIA subsequently filed a chargesheet against him, and he was dismissed from service in 2021. Information reaching Tahir Rihat suggests that Singh had sought 20 days of interim bail to participate in the cremation and subsequent religious ceremonies with his family.

The court was apprised that Singh’s appeal against the earlier rejection of his regular bail is currently pending before the High Court of Jammu and Kashmir and Ladakh, with a hearing scheduled for August 4. Special Judge Prem Sagar, in his ruling, acknowledged the pending appeal, stating that the prayer for interim bail could not be considered under such circumstances. Nevertheless, the court opted to partially allow the application for custody parole, citing humanitarian considerations to permit his participation in the ‘Akhand Paath’ and other religious rituals planned between July 27 and July 30.

The court’s directive mandates that Devinder Singh be transferred from Kot Bhalwal Central Jail in Jammu to Srinagar under police escort. He is to remain on custody parole from July 27 to July 30, with strict instructions to return to jail by the evening of July 31. During his parole period, Singh will be under continuous police custody. He is permitted to be escorted to his family residence or the venues of religious ceremonies daily between 10 am and 4 pm. The court also stipulated that adequate police personnel must accompany him throughout his visit to ensure security protocols and adherence to standard operating procedures are maintained.

The NIA had formally opposed the application for interim bail. The agency’s counsel argued that Singh is implicated in grave offenses impacting national security, falling under various sections of the Indian Penal Code (IPC), the Unlawful Activities (Prevention) Act (UAPA), the Arms Act, and the Explosive Substances Act. The NIA highlighted that Section 43D(5) of the UAPA imposes statutory limitations on the granting of bail, further emphasizing that Singh’s regular bail application was already under consideration by the High Court. The agency also raised concerns about potential witness intimidation or interference with the ongoing trial, given Singh’s former position as a senior police officer. They noted that several key prosecution witnesses were yet to be examined.

Despite these objections, the NIA informed the court that it had no reservations regarding the grant of custody parole on humanitarian grounds, provided that comprehensive police escort and security arrangements were put in place. This stance allowed the court to proceed with the limited parole for the funeral and associated rituals.

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