LAW OF BAIL AND ITS

APPLICATION ON
TERRORIST CASES
WITH SPECIAL
REFERENCE TO
BUDGAM AND
SRINAGAR DISTRICT.

13-Jul-22
BONAFIDE CERTIFICATE

This is to certify that this project report entitled “LAW OF BAIL AND ITS
APPLICATION IN TERRORIST CASES WITH SPECIAL REFERENCE TO
BUDGAM AND SRINAGAR DISTRICT” submitted to DEPARTMENT OF
LAW, UNIVERSITY OF KASHMIR, is a bonafide record of work done by
“AIMAN MUSHTAQ”.

Signature

Prof. Afzal qadri

Place: Kashmir.

Date: 13-07-2022

2
DECLARATION BY THE CANDIDATE

I the undersigned solemnly declare that the project report is based on my own
work carried out during the course of my study. I assert the statements made and
conclusions drawn are an outcome of my research work. I further certify that the
work contained in the report is original and has been done by me. I have followed
the guidelines provided by the university in writing the report. Whenever I have
used materials (data, theoretical analysis, and text) from other sources, I have
given due credit to them in the text of the report and giving their details in the
references.

Name : Aiman Mushtaq

Course: LLM

Semester: 2nd

Enrollment No.:
20044122002

3
 SUBMITTED
TO:

Prof. S.M Afzal Qadri

Department of Law

The University of Kashmir.

4
 ABSTRACT

Bail is a Release of the convicted person to submit a personal bond or assurance

to comply with the conditions imposed by the court and to appear before the
court. Just because a person is accused of a crime, an endless period of time is not
required to hold the individual in custody.
Bail is a fundamental aspect of any criminal justice system that guarantees the
accused the right to a fair trial. The practice of granting bail grew out of the need
to safeguard the fundamental right to liberty. No person shall be deprived of their
personal liberty unless prescribed so by a reasonable, fair, and just procedure.
Bail is a mechanism that ensures liberty to the accused without giving any
unjustified benefit to them. However, it has been observed that the practice of
granting bail is quite unstable and vague. Including factors like bail bond amount,
considerations for granting bail, and conditions imposed in the bail bond. There
are various judgments wherein the apex court has observed that each case needs
to be examined for its facts and circumstance before granting bail.
The paramount consideration for granting or refusing bail is to strike a balance
between individual rights and the interest of society.

5
Table of Contents
BONAFIDE CERTIFICATE...............................................................................................................................2
DECLARATION BY THE CANDIDATE..............................................................................................................3
SUBMITTED TO:...........................................................................................................................................4
ABSTRACT....................................................................................................................................................5
CHAPTER 1: INTRODUCTION........................................................................................................................9
1.1 INTRODUCTION...............................................................................................................................9
1.2 PURPOSE OF BAIL..........................................................................................................................10
CHAPTER 2 : PROVISIONS RELATING TO BAIL..........................................................................................12
Investigation incomplete (section 167 of the code)..................................................................................12
What do you mean by the Anticipatory Bail?........................................................................................14
Section 438 of the code.............................................................................................................................14
Conditions under section 438 of the code involve the following things................................................15
Following conditions are imposed on the person seeking the anticipatory bail by the courts having
competent jurisdiction..........................................................................................................................15
Amiya kumar v. state of west Bengal 1978 Cri.LJ 288................................................................................16
D.R. Naik v. the State of Maharashtra, 1989 Cri.LJ 252.............................................................................16
Malimath Committee Report.....................................................................................................................16
TADA, POTA AND UAPA:............................................................................................................................17
TADA..........................................................................................................................................................17
POTA :........................................................................................................................................................17
UAPA:........................................................................................................................................................17
CHAPTER 3 : BAIL IN TERRORISM CASES....................................................................................................18
ISSUES WITH UAPA:...................................................................................................................................19
Significance of Judgement.................................................................................................................21
APPLICATION OF BAIL IN TERRORISM CASES WITH REFERENCE TO BUDGAM DISTRICT...........................21
CASE LAWS................................................................................................................................................21

6
State of Jammu And Kashmir V. Mohammad Amin Mir............................................................................21
State of Jammu And Kashmir V. Ishfaq Rashid Wani.................................................................................22
State of Jammu And Kashmir V. Altaf Ahmad Mir.....................................................................................22
Union Territory of Jammu And Kashmir V. Javaid Ahmad Wani................................................................22
State of Jammu And Kashmir V. Mohammad Younis Sheikh.....................................................................23
APPLICATION OF BAIL IN TERRORISM CASES WITH REFERENCE TO SRINAGAR DISTRICT..........................23
JK Union Territory V. Shoaib ul islam ganai and others.............................................................................23
JK Union Territory V. Syed Asiya Andrabi..................................................................................................23
State of Jammu and Kashmir V. Dawood Fayaz Zargar..............................................................................24
JK Union Territory V Aijaz Ahmad Wani....................................................................................................24
JK Union Territory V. Ghulam Ahmad Malla..............................................................................................24
CONCLUSION:............................................................................................................................................25
BIBLIOGRAPHY...........................................................................................................................................26
Books.........................................................................................................................................................26
Various acts:..............................................................................................................................................27
Online database:.......................................................................................................................................27

7
8
CHAPTER 1: INTRODUCTION

1.1 INTRODUCTION

Bail in law means procurement of release from prison of a person awaiting trial
or an appeal, by the deposit of security to ensure his submission at the required
time to legal authority. The monetary value of the security known as the bail, or
more accurately, the bail bond, is set by the court having jurisdiction over the
prisoner. The security may be cash, the papers giving title to property, or the
bond of private persons of means or of a professional bondsman or bonding
company. Failure of the person released on bail to surrender himself at the
appointed time results in forfeiture of the security.1

Bail is a post arrest remedy aimed at the release of the arrested suspect till the
date of his trial. Bail vindicates the traditional right to freedom before the guilt is
proved .Bail is allowed to prevent confinement of innocent persons which would
otherwise result into a pre-trial punishment and to enable an accused person to
prepare his defence to the charges against him which is the common law
principle, presumption of innocence.2

Since the ancient times the system of bail has been practiced by different
countries of the world in accordance to their local legal system, the traces of bail
has been seen since the time of early civilization, it is difficult to mention exact
date and time when for the first time bail was introduced or followed but if we go
through different ages of our world culture we could find the references of bail
being practiced in different parts of the world since their initial time, the signs of
bail can be seen since far back from the time of Greek empire followed by roman
evolution and how it has developed since that time to present modern times, now

1
http://www.legarserviceindia.com/articles/bail.
2
Asim pandey, Law of Bail, Practice and Procedure

9
a days almost all the countries have the system of bail in their criminal procedure
system. The law of bail is an integral component of the criminal law procedure
and the right to bail is subject to statutory stipulation. The bailable and non-
bailable offences are precisely classified. Though bail can be granted in both
categories of offences, the grant of bail in non-bailable offences is by exercise of
discretion, while in bailable cases bail to be granted as a right to the accused. In
Criminal Procedure Code, 1973 nowhere define bailable and non-bailable cases,
rather they have been declared in reference to the offences simply by declaring
that an offence will be bailable and non-bailable as declared in first schedule or
declared in any other law. In the case of any other laws if the offence is not
declared to be bailable or non-bailable as per specific statute then the 2nd
classification in 1st schedule of Criminal Procedure Code, 1973 would apply and
accordingly if the offence is punishable is less than 3 year or more is non-bailable. 3
Basically in cases of bail it is a matter of balancing of interest between the
individual liberty of accused and the societal interest. Societal interest lies in
societal safety i.e. fair and effective trial, whereas individual interest lies in the
personal liberty by granting bail.

1.2 PURPOSE OF BAIL

The principal purpose of bail is to ensure that an accused person will

return for trial if he is released after arrest. It is not the purpose of the
criminal law to confine a person accused of crime before his conviction.
Bail, in criminal cases is, therefore, intended to combine the
administration of justice with the liberty and convenience of the person
accused. Administration of justice on the spot or immediately after the
commission of a crime in accordance with the fundamental principles
of natural justice embedded in a fair and just legal system is not

3
The Code Of Criminal Pocedure, 1708 supra note 03

10
feasible. This appears to be one of the reasons for the evolution of
Mangon Iboton Singh v. Union Territory of Manipur, AIR . The release
on bail is crucial to the accused as the consequences of pre-trial
detention are given. If release on bail is denied to the accused, it would
mean that though he is presumed to be innocent till the guilt is proved
beyond reasonable doubt, he would be subjected to the psychological
and physical deprivations of jail life. The jailed accused loses his job and
is prevented from contributing effectively to the preparation of
defence. Equally important, the burden of his detention frequently falls
heavily on the innocent members of his family.17 After the registration
of crime, it takes time to complete the investigation and thereafter, it
takes even longer to conclude the trial. It is a matter of common
experience that the judicial machinery, more particularly in India, is ill-
equipped to provide a speedy trial to the accused in conformity with
well-established principles of criminal jurisprudence. The question,
whether an accused should be kept in the prison or set free pending
investigation and trial, therefore, falls for consideration before the
Court in every criminal case where the accused is under arrest. An
accused person cannot be detained in judicial custody for a long time
by refusing him bail if the legal system is not in a position to provide a
speedy trial.

11
CHAPTER 2 : PROVISIONS RELATING TO BAIL

Cases in which bail may be granted (whether release on bail is

mandatory?)

In the case of bailable offence it is mandatory to grant bail to the

arrested person and in case of non-bailable offence it depends upon
the discretion of the court. Section 436 of the code talks about the
cases in which bail can be taken and section 437 of the code talks about
the cases in which the bail may be taken in case of  non-bailable cases.

Cases in which bail to be taken (section 436 of CR.PC)

In this case, if a person who is not guilty of any non-bailable offence

and gets arrested without a warrant by the police authority and is
prepared to give bail, then it is the duty of the police authorities to
release him. The person arrested may be released on the bond without
submitting any sureties.

Appealability of the order (section 439 of the code)

Section 439 of the code states that any orders passed under section
436 of the code shall be appealable.

1.   The order made by the magistrate to the session’s judge is

appealable.
2.   In case when the court of sessions passes an order to the court
where an appeal lies from an order made by such court.

12
Investigation incomplete (section 167 of the code)
Under section 57 of the code states that a person arrested or taken into
custody has to be released after 24 hours. Within those 24 hours, he
has to be presented before the magistrate with a notice. The period of
24 hours can be extended if the investigation regarding the offence or
crime committed has not been completed. Section 167 states that in
order to extend the period of 24 hours for the purpose of investigation
prior order has to be obtained from the magistrate. If the investigation
is not completed the person arrested or detained shall be released. The
period of detention shall not exceed 90 days (in case where the offence
is punishable with the death penalty or life imprisonment) and 60 days
(in case where the offence is punishable for a term less than ten years).

The maximum period for which an under-trial prisoner can be

detained (section 436-A of the code)

Under section 436 A of the code states that the detention period for an
undertrial prisoner other than the one who is accused of the criminal
offences punishable with death or life imprisonment shall be released
from detention if the person has been detained for one half of the
maximum sentence provided for the offence committed by him.

When may bail be taken in case of non-bailable offences (section 437

of the code)?

It depends upon the discretion of the court or the police officials that
they may release the person arrested for non-bailable offences until
and unless there exists any reasonable grounds or apprehension that
person arrested has committed any crime and is not guilty of any
criminal liabilities which is punishable with life imprisonment or the
death penalty.

13
  Bail to require accused to appear before the next appellate court
(section 437 A of the code)

Under section 437A of the code, it has been stated that in order to
appear in the higher court as and when the higher court issues the
notice against the judgment of the court it becomes mandatory for the
trial court or the appellate court which requires the accused to execute
the bail bond with sureties.

What do you mean by the Anticipatory Bail?

Under section 438 of the code, it has been stated that the term
anticipatory bail can be understood through the expression
anticipatory. Anticipatory bail is the bail granted by the court in
anticipation of the arrest. When this bail is granted to a person it
ensures that in case if the person is arrested in the near future then
such person shall be released on this anticipatory bail. No questions can
be raised on the release unless the person executing this bail is arrested
and therefore it totally depends upon the arrest that the order granting
such bail becomes operative.

The following provision of section 438 of the code was recommended

by the law commission. On its 48th report, they expressed their
observations regarding the provision of anticipatory bail and stated that
such provision is a useful addition to the code but it should be used in
extraordinary or exceptional cases only.

Section 438 of the code

When any person having the reasonable apprehension that he may be

accused of committing the offence of non-bailable nature then such
person can apply for anticipatory bail in the high court or the sessions

14
court. The role of the court having competent jurisdiction shall give him
direction under section 438 of the code that during the time when he
gets arrested he shall be released on bail after taking into consideration
the following conditions shall accept or reject the application filed for
anticipatory bail by the person getting arrested.

Following are the factors:

 The accusation made shall be grave and serious

 Likelihood of the applicant to flee or abscond from justice
 When the accusation is made with the intention of humiliating
or injuring the person by making him arrested through that
accusation.

Conditions under section 438 of the code involve the following things.

 The applicant filing for the anticipatory bail shall have the
reasonable apprehension of getting arrested
 The arrest of such person shall be in respect of the accusation
of him committing non-bailable offence or cognizable offence
and the courts having competent jurisdiction shall direct that in
the event of the arrest the person shall be released.

Following conditions are imposed on the person seeking the

anticipatory bail by the courts having competent jurisdiction

 It is the duty of the person to appear or make himself available

whenever required by the police officials for the investigation.
 He must not induce or threat for dissuading him from disclosing
facts of the case.
15
  The applicant shall not go outside the territory of India without
taking the prior permission of the court.
 Or if the following conditions stated in point one and two are
fulfilled and such person is ready to give bail, he should be
released from custody subject.

Amiya kumar v. state of west Bengal 1978 Cri.LJ 288

In the instant case, it was held that section 438 of the code empowers
both the high court and the session’s court to grant the anticipatory
bail. Both the high court and the Sessions court have the competency
to grant this bail. If the Sessions court rejects the petition filed by the
applicant for the anticipatory bail then he can’t file the petition for the
same in the high court.

D.R. Naik v. the State of Maharashtra, 1989 Cri.LJ 252

In the instant case, it was held that if a person files an application for
anticipatory bail and it is rejected by the sessions court, this will not put
the bar over the person filing the petition to approach High court. But if
the person first approaches the high court and the petition filed by him
gets rejected, then he can’t approach the session’s court for filing the
petition on the same ground.

Malimath Committee Report

The Malimath committee gave its observation regarding the provision
of anticipatory bail. They stated that the provision of section 438 is
often misused by the people. Such misuse of the provision is illegal. The
committee after the following observation suggested two conditions or
requirements for the purpose of retaining the provision.

The following conditions are as follows:

16
  Before granting the anticipatory bail the court shall hear the
public or the government prosecutor
 When a person files a petition of anticipatory bail it must be
heard by a court having competent jurisdiction.

TADA, POTA AND UAPA:

TADA:

The Terrorist And Disruptive Activities (Prevention) Act , 1987, was the
main law used in cases of terrorism and organized crime.

Problem: rampant misuse and henceit was allowed to lapse in 1995.

POTA :

A more stringent anti-terror law was asked for. Thus Prevention of

Terrorism Act, 2002 was enacted.

1. Detention upto 8180 days.

2. Fund raising also a terrorist act.
3. Repealed due to misuse.

UAPA:

In 2004 the Unlawful Activities (Prevention) Act,1967 was

strengthened.

17
 1. Amended to criminalize fund raising for terrorist act.
2. Criminalizing being member of unlawful organization.
3. Time to produce chargesheet extended upto 6 months.
4. More powers for attachment and forfeiture of property.
5. Criminalized supporting a terrorist organization.

CHAPTER 3 : BAIL IN TERRORISM CASES

UAPA was enacted in 1967, and later strengthened by the Congress

government in 2008 and 2012. To deny bail under the UAPA, the court
must be satisfied that a “prima facie” case exists against the accused.
Section 43D(5) reads: “Notwithstanding anything contained in the
Code, no person accused of an offence punishable under Chapters IV
(“Punishment for terrorist activities”) and VI (“Terrorist organisations”)
of this Act shall, if in custody, be released on bail or on his own bond
unless the Public Prosecutor has been given an opportunity of being
heard on the application for such release:
“Provided that such accused person shall not be released on bail or on
his own bond if the Court, on a perusal of the case diary or the report
made under section 173 of the Code is of the opinion that there are
reasonable grounds for believing that the accusation against such
person is prima facie true.”
This provision leaves very little room for judicial reasoning, and makes
the grant of bail virtually impossible under UAPA. In the case of Zahoor
Ahmed Shah Watali, the Supreme Court in 2019 confirmed that courts
must accept the state’s case without examining its merits. However,
courts have since read this provision differently, emphasising the right

18
to a speedy trial and raising the bar for the state to book an individual
under UAPA.

On the limitation posed by Section 437 CrPC, the court referred to the
provision that allows a person to be released on bail if “such person is
under the age of sixteen years or is a woman or is sick or infirm”.
On Section 43D of UAPA, the court said that bail can be denied if it is of
the opinion that there are reasonable grounds for believing that the
accusation is prima facie true.

ISSUES WITH UAPA:

 Vague Definition of Terrorist Act: The definition of a “terrorist act”

under the UAPA substantially differs from the definition promoted
by the United Nations (UN) Special Rapporteur on the Protection of
Human Rights and Fundamental Freedoms while Countering
Terrorism.

o According to Special Rapporteur to call an offence a “terrorist

act”, three elements must be cumulatively present:

 The means used must be deadly;

 The intent behind the act must be to cause fear amongst
the population or to compel a government or international
organisation to do or refrain from doing something; and
 The aim must be to further an ideological goal.
o UAPA, on the other hand, offers an overbroad and ambiguous
definition of a “terrorist act” which includes the death of, or
injuries to, any person, damage to any property, etc.

19
 Denial of Bail: The major problem with the UAPA lies in its Section
43(D)(5), which prevents the release of any accused person on bail
if, police have filed the chargesheet that there are reasonable
grounds for believing that the accusation against such person is
prima facie true.

o The effect of Section 43(D)(5) is that once the police elect to

charge an individual under the UAPA, it becomes extremely
difficult for bail to be granted. Bail is a safeguard and guarantee
of the constitutional right to liberty.
 Pendency of Trails: Given the state of justice delivery system in
India, the rate of pendency at the level of trial is at an average of
95.5 per cent.

o This means that trials are completed every year in less than 5
per cent cases, signifying the reasons for long years of
undertrial imprisonment.
 State Overreach: It also includes any act that is “likely to threaten”
or “likely to strike terror in people”, giving unbridled power to the
government to brand any ordinary citizen or activist a terrorist
without the actual commission of these acts.

o It gives the state authority vague powers to detain and arrest

individuals who it believes to be indulged in terrorist activities.
o Thus, the state gives itself more powers vis-a-vis individual
liberty guaranteed under Article 21 of the constitution.
 Undermining Federalism: Some experts feel that it is against the
federal structure since it neglects the authority of state police in
terrorism cases, given that ‘Police’ is a state subject under
7th schedule of Indian Constitution.

20
Significance of Judgement

 Limiting Scope: The court’s judgment notes that as the UAPA is

meant to deal with terrorist offences, its application must be
limited to acts that can reasonably fall within a plausible
understanding of “terrorism”.
 Confirming Constitutional Freedom: Earlier this year, the Supreme
Court in Union of India v K A Najeeb 2021, held that despite
restrictions on bail under the UAPA, constitutional courts can still
grant bail on the grounds that the fundamental rights of the
accused have been violated.

o The Court held that the rigours of UAPA bail restrictions “will
melt down where there is no likelihood of trial being completed
within a reasonable time.
o The Delhi High Court took this reasoning a step further, holding
that it would not be desirable for courts to wait till the
accused’s rights to a speedy trial are entirely vitiated before
they are set at liberty.

APPLICATION OF BAIL IN TERRORISM CASES WITH REFERENCE TO

BUDGAM DISTRICT

CASE LAWS

State of Jammu And Kashmir V. Mohammad Amin Mir

21
In the instant case, the FIR was lodged on 29-08-08. Later the charge
was made on 29-10-2009 which indicates that it took approximately
one year to take the proceeding on next level. The prosecution in the
instant case has failed to produce witness till date. The bail has been
granted and the case is set for final arguments.4

State of Jammu And Kashmir V. Ishfaq Rashid Wani

In the instant case, the bail has been granted to the accused. The
accused was involved in terrorist activities and was active in Magam
area of Budgam district. The accused was also a part of unlawful
organizations held under UAPA.5

State of Jammu And Kashmir V. Altaf Ahmad Mir

In the above titled case, the accused was on trial under the UAPA as
well as 7/25 of the Arms Act. The bail was granted to the accused on
production of the security bond.6

Union Territory of Jammu And Kashmir V. Javaid Ahmad Wani

In the above titled case, the date of occurrence was 20/02/2021 and
the bail was granted on 30/03/2021. This shows that there was a
4
FIR NO 399/2008
5
FIR NO 29/2016
6
FIR NO 22/2014

22
speedy trial as compared to the other mentioned cases. Till date the
prosecution is not able to produce any witness against the accused.7

State of Jammu And Kashmir V. Mohammad Younis Sheikh

The above titled case is pending before Budgam court. The learned
councel is given a final opportunity for producing evidences. The
accused was granted bail as there was nothing prima facia against the
accused.

APPLICATION OF BAIL IN TERRORISM CASES WITH REFERENCE TO

SRINAGAR DISTRICT

JK Union Territory V. Shoaib ul islam ganai and others

In the above titled case, the application for the bail of the accused was
rejected. The accused was charged under section 16,19,20 and 7/27 of
the unlawful activities prevention act.

JK Union Territory V. Syed Asiya Andrabi

In the above titled case, after hearing the arguments of the learned
counsel on the charges so framed, the bail application was rejected by

7
FIR NO 50/2021

23
the honorable court. Prosecution asked to lead further evidence in this
case.8

State of Jammu and Kashmir V. Dawood Fayaz Zargar

In the above titled case, the accused was booked under section 13 of
the Unlawful Activities (Prevention) Act. The bail was granted to the
accused since there was vague evidence against the accussed.

JK Union Territory V Aijaz Ahmad Wani

In the above titled case, the bail was granted to the accused since the
case was not prima facie clear. The accused was booked under section
13 of the unlawful activities prevention act.

JK Union Territory V. Ghulam Ahmad Malla

In the instant case, the bail was rejected to the accused who was
booked under section 13 and 7/27 of the unlawful activities prevention
act.

8
Challan/0002027/2020

24
CONCLUSION:

It was gradually noticed that on one hand, UAPA didn't cover acts of
terrorism, and on the other hand provisions of TADA and POTA were
extremely harsh. By 2004, TADA and POTA were repealed, but to
prevent a potential vacuum and to strike a balance, the offences related
to terrorist activities (largely POTA) in these statutes were inserted into
the UAPA.
While POTA was repealed, its stringent provisions were retained largely
by UAPA, which now defined terrorism as a crime and granted the
government power to declare and ban terrorist organisations. Therefore,
the scope of UAPA got expanded and since then, it deals with two sets
of criminal acts - unlawful activities and terrorist acts.
The journey from 2004-2008 is interesting. In 2004, Communist Party of
India (Maoist) was formed. This organization, until it was banned in
2009 under UAPA, remained extremely active in a vast region flowing
through at least 7 states and admittedly caused multiple instances of
violence.
At the same time, a series of bomb blasts occurred at various parts of the
country during 2004-2008. To name a few – Malegaon Bomb blasts,
Samjhauta Express Bomb Blast, Ajmer Sharif dargah bomb blast,
Mecca Masjid bomb blast, Mumbai suburban train blast and the 26/11
Mumbai Taj terrorist attack.
The UAPA, which was by now the primary legislative enactment for
‘terrorist activities’, was thus amended in 2008. A National Investigation
Agency (NIA) was also created through the NIA Act, 2008.

25
BIBLIOGRAPHY

Books

[1] E. Walter, T, Sandler, Is Transnational terrorism becoming more

threatening? A time-series investigation, J. of Conf. Resolution 44(3),
307-332 (2000).
[2] B.S. Blomberg, D.H. Gregory, In: Terrorism, Economic
Development, and Political Openness, Keefer P., Loayza N. (Eds.),
Cambridge Univ. Press, New York, 2008, pp. 116-147.
[3] L. Kristofel, India: Jammu and Kashmir: Half a Century of Conflict,
Searching for Peace in Central and South Asia Publication (2002).
[4] K.A. Kronstadt, CRS Report for Congress, Int. Terrorism in South
Asia (2003
[5] V. Asthana, Cross-Border Terrorism in India: Counterterrorism
Strategies and Challenges, ACDIS Occasional Paper (2010).
[6] B. Raman, Counter-Terrorism: The Indian Experience, South Asia
Analysis Group, Paper No. 649 (2003).
[7] Border Security Force Website, History and Role of the BSF.
[8] S. Ganguly, The Crisis in Kashmir: Portents of War, Hopes of Peace.
[9] D. Pipinashvili, India-Pakistan Conflict in Kashmir and the United
Nations.

26
[11] S. Sondhi, Terrorism and Governance in Kashmir, The J. of
Conflict Studies 24(2) (2004).
[12] J. Trehan, Terrorism and the Funding of Terrorism in Kashmir, J. of
Financial Crime
[13] P. Swami, Terrorism in Jammu and Kashmir in theory and practice,
India Review.
[14] N.S. Jamwal, Terrorists Modus Operandi in Jammu and Kashmir,
Strategic Analysis, 27(3) (2003).
[15] Jammu and Kashmir Data Sheets, South Asia Terrorism Portal.
[16] S.D. Attri, A. Tyagi, Climate profile of India, (Govt. of India,
Ministry of Earth Sci., India Meteorol. Dept., Met Monograph No.
Environ. Meteorol.-01/2010, 2010).
[17] Office of the Registrar General & Census Commissioner India,
Provisional Population
[18] Planning Commission of India, Demographic Indicators.

Various acts:

The Arms Act, 1959

The Unlawful Activities Prevention Act, 1967

Online database:

27
[1] Legal Services India.

[2] Indian kanoon.

[3] Lawyers club.

[4] Legal crystal.

28