BUDGAM SEX SCANDAL

DB stays acquittal, orders Gulzar Peer’s arrest

Ahmed Ali Fayyaz

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Jammu, March 3: A Division Bench of the Jammu and Kashmir High Court on Tuesday stayed criminal acquittal of Gulzar Ahmad Bhat alias Gulzar Peer, ordered his arrest and allowed the State to file an appeal against the judgment of Sessions Court Budgam.

The DB comprising Justice Ali Mohammad Magrey and Justice Muzaffar Hussain Attar, while hearing a petition seeking leave to file appeal against the Budgam district court order, observed that the prime accused Gulzar Ahmad Bhat’s presence in the society should not endanger its legal, moral and social fabric. It said that the statements of the victim witnesses made out an “extraordinary case” for staying the acquittal and ordering the judicial custody of the accused. Bhat, who has been already detained by Police, was remanded to judicial custody till further orders.

On the petition filed by Police and pursued by Deputy Advocate General N.H. Shah, the DB observed: “In the normal course in Acquittal Appeal, Court does not pass interim order either for staying of the impugned judgment and for directing the arrest of the accused. However, after perusal of the statements of the prosecution witnesses, more particularly of those girls (minors) who have been subjected to sexual assault, a very strong case is made out for issuance of interim direction”.

The DB further observed: “The girls who have been subjected to sexual assault have given graphic details in the manner they were trapped and subjected to sexual assault. The law and justice both would require to ensure that accused does not give slip to law and his presence in the society may not endanger its legal, moral and social fabric”.

 “In the interest of justice, we at this stage direct that, till further orders from the Court, the impugned judgment dated 12^th February, 2015, passed by learned Sessions Judge, Budgam, in File No: 142/S in case FIR No: 40/2013 u/s 376, 109 RPC, registered at Police Station Khansahab, shall stay to the extent of respondent No: 1 (Gulzar Ahmad Bhat). The respondent No: 1 shall be taken into custody by the concerned Police authorities and lodged in judicial custody”.

Advocate Shabir Ahmad Dar, who argued the case on behalf of the accused, received notices for six accused persons including Bhat.

Bhat, claiming to be a “spiritual healer”, is alleged to have sexually exploited a number of girls, including some minors. He had been arrested by Police in the wake of a public outcry over the accusations levelled against him by the victims. However, on February 12 this year, District and Sessions Court Budgam acquitted Bhat with the observation that the prosecution had failed to establish charges against the accused.

In a few days nonetheless Bhat was again taken into custody when his release threatened to cause a major law and order situation.

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