Jammu & Kashmir High Court upholds arrest of ex-Bar President Mian Qayoom

Srinagar, Feb 21: The Jammu and Kashmir High Court has upheld the arrest of former Bar Association President, Advocate Mian Abdul Qayoom, in connection with the murder of Advocate Babar Qadri.

Qayoom had challenged his June 25, 2024, arrest, arguing that it was illegal and arbitrary.

In a ruling dated February 19, Justice Vinod Chatterji Koul dismissed Qayoom’s plea, stating that his arrest and subsequent remand to police custody followed legal procedures. The court found no violation of constitutional rights or procedural safeguards, reported Bar and Bench.

Qayoom had also contested the trial court's repeated orders extending his police custody. However, the High Court ruled that he was informed of the reasons for his arrest without delay, and that his arrest was videographed in accordance with legal protocols.

"The petitioner cannot claim that he was not informed of the grounds of his arrest. The respondents have complied with the provisions of law as per the Code of Criminal Procedure. Therefore, the writ petition challenging his arrest and its grounds is liable to be dismissed," the High Court held.

Similarly, the court dismissed Qayoom's challenge to various remand orders.

"The remand orders have been reproduced and discussed in detail. They are well-reasoned and do not warrant interference," Justice Koul ruled.

Qayoom was arrested on allegations that he was part of a conspiracy to assassinate Advocate Babar Qadri in 2020.

Qadri, a prominent Jammu and Kashmir High Court lawyer and television panellist, was shot dead by unknown gunmen at his residence in Zahidpora, Hawal, Srinagar, on September 24, 2020.

A criminal case was registered the same year under various provisions of the Indian Penal Code, the Arms Act, and the Unlawful Activities (Prevention) Act, 1967 (UAPA).

In 2023, the investigation was transferred to the State Investigating Agency (SIA), Jammu and Kashmir.

Qayoom was summoned multiple times between January and June 2024 before being arrested on June 25. He subsequently challenged his arrest in the High Court, seeking his release.

His counsel argued that procedural safeguards were flouted and that Qayoom had been cooperating with the investigation by responding to summons issued by the SIA. They contended that there was no justification for his arrest.

However, the court dismissed his plea and rejected a challenge to the further investigation undertaken in the case after an initial chargesheet was filed in May 2021, which did not name Qayoom as an accused.

Notably, in 2022, a new Special Investigation Team (SIT) under the SIA took over the probe. In 2023, a special NIA court in Srinagar ordered further investigation—26 months after the first chargesheet was filed—following an application by Qadri's father.

The High Court ruled that this decision was justified.

"There is no restriction or bar on further investigation even after the filing of a chargesheet. The hands of the investigating agency or the court should not be tied on the ground that further investigation may delay the trial, as the ultimate objective is to arrive at the truth," the court stated.

Accordingly, Qayoom's plea was dismissed.

Advocates Sakal Bhusha, Rahul Sharma, Bhavesh Bhushan, M. Rouf, and M. Tufail represented Qayoom, while Senior Additional Advocate General Mohsin Qadri appeared for the respondent authorities. (Bar and Bench)