Delhi Court Acquits Two in ISIS-JK Case, Cites Probe Lapses

New Delhi, Mar 20: A Delhi court has acquitted two men accused of links with the banned ISIS-JK, citing serious gaps in the investigation and failure of the prosecution to prove charges beyond reasonable doubt.

Additional Sessions Judge Amit Bansal cleared Jamsheed Zahoor Paul and Parvaiz Rashid Lone, both residents of Shopian in Kashmir, who were arrested in 2018 on charges of allegedly pledging allegiance to ISIS and procuring arms for terrorist activities.

The case was registered by the Special Cell of Delhi Police under sections 18 and 20 of the Unlawful Activities (Prevention) Act (UAPA), along with provisions of the Arms Act. Police had claimed the duo were apprehended on September 6, 2018, near Jama Masjid bus stop close to the Red Fort with two 7.65mm pistols and ten live cartridges.

In its 79-page order, the court held that the prosecution failed to establish the charges, pointing to procedural lapses, especially in handling digital evidence. It noted that four mobile phones seized from the accused remained unsealed with the investigating officer for nearly two months before being sent for forensic examination, raising doubts of possible tampering.

The court also rejected screenshots of alleged chats with terror handlers, stating they did not meet mandatory legal requirements for admissibility of electronic evidence. It found no proof that the accused communicated with alleged ISIS-JK handlers through the BBM app.

Another key lapse highlighted was the absence of independent witnesses. Despite the arrest taking place at a busy public location at night, no public witnesses were included in the investigation, casting doubt on the recovery of arms and ammunition.

The court further observed that the prosecution failed to prove that the accused were members of ISIS or had conspired with co-accused Asif Nazir Dar, who is now deceased, and Adil Thokar, who remains absconding, to carry out terrorist acts.

It also held that there was no evidence to show the duo had procured weapons or communicated with handlers via BBM or WhatsApp in furtherance of any conspiracy. Concluding the verdict, the court stated that the charges of ISIS membership and involvement in terrorist activities remained unproven. (Agencies)