J&K Court Acquits Three Accused Tried For ‘Terror’ Activities

Srinagar, Dec 31: A sessions court in Jammu and Kashmir has acquitted three persons accused of involvement in terror-related activities, holding that the prosecution failed to prove the charges beyond reasonable doubt.

The court of the Additional Sessions Judge, designated as a special judge under the NIA Act, acquitted Wajid Ahmad Bhat, Masrat Bilal Bhuru and Rameez Ahmad Dar, all residents of Kulgam district. Judge Manjeet Rai ordered their immediate release, provided they were not required in any other case.

The trio had been arrested by police at a checkpost in the Batamaloo area on October 10, 2022. The prosecution alleged that grenades and magazines loaded with live rounds were recovered from their possession.

However, the court observed that in criminal trials, suspicion cannot substitute proof and that the prosecution must establish its case beyond reasonable doubt. The judge noted that the case suffered from material discrepancies regarding the manner of apprehension and the recovery of alleged arms and ammunition.

The court pointed out a failure to record identifying marks or numbers of the seized property and to preserve seal impressions, which broke the chain of custody. It also flagged contradictions in evidence related to the sealing of grenades and their presentation before the bomb disposal squad.

Further, the court highlighted witnesses’ inability to correctly identify the accused or link specific grenades to specific individuals, along with the absence of independent witnesses or corroborative evidence to support UAPA allegations of association with Al-Badr or any intended terrorist act.

“Once such doubt arises, the accused are entitled to benefit of doubt,” the order read, adding that the prosecution failed to establish conscious and unauthorised possession of the alleged arms under the Arms Act. The accused were represented by advocates Mir Urfi, Waheed Ahmad Dar and Anil Raina. (Agencies)