Srinagar: Jammu and Kashmir Police on Wednesday said that it has attached a residential house used by militants after obtaining legal sanction from the competent authority in Kulgam, adding therein that the residential house of harbourer of militant Riyaz Naikoo attached by Special Court Pulwama.
A police statement issued here on Wednesday said “Police in Kulgam have attached the residential house of one person Sanaullah Mir S/O Mohd Abdullah Mir R/O Turigam after obtaining legal sanction from the competent authorities (Divisional Commissioner Kashmir)” vide order No. DIVCOM-K/RTN/37/2023 Dated 31.10.2023”, adding that “ the said house was linked in case FIR No.10/2023 U/S 302, 307 RPC, 7/27 A act, 13, 16, 18, 19, 20, 38, 39 UAPA in which three hard-core militants were neutralised in an encounter” . Police in it’s statement further said that Dy SP Aman Kumar Thakur and one army personnel Soumveer was killed while fighting with militants during the said encounter at Turigam, adding “investigation proved it beyond doubt that the said house was used for the purpose of militancy, sheltering, harbouring militants. Process has started for attachment properties which have been used for the purpose of militancy as per section 2(g) & 25 of the ULP Act”.
Police in it’s statement also said that Awantipora Police got property of Azad Ahmad Teli son of Asad Ullah Teli resident of Beighpora Awantipora attached in Case FIR NO. 58/2020 U/S 307 IPC, 7/27 A. ACT, 16, 18, 19, 20 & 48 UAP Act of PS Awantipora by the Orders of Court of Special Judge Pulwama. Police statement further reads “the case was taken in open Court. The case stands registered with regard to anti-militant operation between security forces and militants at Beighpora Awantipora in the residential house of Azad Ahmad Teli in which the two militants namely Riyaz Ahmad Naikoo @Zubair-ul-Islam son of Assadullah Naikoo resident of Beighpora and Adil Ahmad Bhat son of Gh Hassan Bhat resident of Panjran Pulwama, both affiliated with HM militant outfit were killed.”
Stating that the accused Azad Ahmad Teli has been arrested in the instant case on Ist June 2020 for wilfully harbouring (i.e; providing shelter) to two slain militants and the case was subsequently challaned against Azad Ahmad and the slain militants under relevant sections of law,” Police in it’s statement further said “ the investigation agency satisfied the Court that the aforementioned property has been used in order to give shelter to known militants of Hizbul Mujahideen (HM) militant outfit and squarely falls within the definition of proceeds of militantancy”. Police in it’s statement furthermore said that the investigation agency has not got the property attachment order U/S 25 of UAPA but in the light of clear mandate provided US 33(i) of UAPA empowering the courts to take action against the properties that represent proceeds of militancy which have not been earlier attached by the investigation agency”.
The Police statement furher reads “after satisfying the Court and after careful perusal of chargesheet and other available records that were produced by prosecution, the Court attached the residential house of accused Azad Ahmad Teli existing on land measuring seven marlas bearing survey No. 2317 Min and the said land is recorded as “Aabadi Deh” classified as “Gair Mumkin Aabadi”.
Stating that this kind of attachment order under section 33 UAPA is first of its kind for J&K Police, Police in the concluding para of it’s above quoted statement appealed people not to harbour or give shelter to militants failing which they will be liable to action under law including property attachment (movable/immovable) proceedings, adding that “In case of any forced/coercive entry by militants into any house or vehicle, the matter should be brought to the notice of police immediately, otherwise proceedings under law will follow against such houses or other properties.”
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