J&K court acquits 3 accused tried for ‘terror’ activities

A sessions court in Jammu and Kashmir has acquitted three people accused of involvement in terror activities for lack of evidence.

The court of the Additional Sessions Judge, a special judge designated under the NIA Act, ruled that the prosecution had failed to prove the charges beyond a reasonable doubt.

Wajid Ahmad Bhat, Masrat Bilal Bhuru and Rameez Ahmad Dar, all residents of Kulgam district, were acquitted on Monday (December 29). Judge Manjeet Rai directed that the accused be released forthwith if they were not required in any other case.

The three were arrested by police at a checkpost in the Batamaloo area of the city on October 10, 2022. The prosecution had alleged that they were found to have in their possession grenades and magazines with live rounds.

The court said it was settled that in a criminal trial, the prosecution must prove its case beyond a reasonable doubt and that suspicion, however strong, cannot take the place of proof.

“The present case is marked by material discrepancies about how the accused came to be apprehended and what exactly was recovered from whom,” the judge said.

He said there was a collective failure to record identifying marks or numbers of case property and to preserve seal impressions, thereby breaking the chain of custody. He said there was contradictory evidence regarding the sealing and presentation of grenades to the bomb disposal squad.

The court also highlighted the repeated inability of witnesses to identify the accused correctly and to link specific grenades to specific accused, and a “total absence of independent witness or corroborative evidence for the UAPA allegations of association with Al-Badr and intended terrorist act.”

The judge’s order read, “Once such doubt arises, the accused are entitled to benefit of doubt. This Court holds that the prosecution has failed to establish beyond reasonable doubt that the accused were in conscious and unauthorised possession of the alleged grenades, magazine and rounds on 10.10.2022 at Command Post Batamaloo, and the charge under section 7/25 Arms Act is not proved.”

The accused were represented by advocates Mir Urfi, Waheed Ahmad Dar and Anil Raina.