After 8 Years In Jail Under UAPA, Delhi Court Acquits Two Booked For Terror Conspiracy; Flags Serious Gaps In Police Case
A Delhi Court on Thursday acquitted two men in a case registered under the Unlawful Activities (Prevention) Act and the Arms Act, saying that there was a “great deal of doubt” about the recovery of arms and ammunition in the manner as alleged by the Delhi Police's Special Cell.Additional Sessions Judge Amit Bansal of Patiala House Courts held that the presence of the FIR number on...
A Delhi Court on Thursday acquitted two men in a case registered under the Unlawful Activities (Prevention) Act and the Arms Act, saying that there was a “great deal of doubt” about the recovery of arms and ammunition in the manner as alleged by the Delhi Police's Special Cell.
Additional Sessions Judge Amit Bansal of Patiala House Courts held that the presence of the FIR number on seizure memos and related documents, including the site plan, without any explanation from the prosecution, casted doubt on the alleged recovery.
“The number of FIR given on the top of the aforesaid documents clearly indicate that either the FIR was recorded prior to the alleged recovery or number of the said FIR was inserted in these documents after its registration and in both the situations it seriously reflects upon the veracity of the prosecution version and creates a great deal of doubt about the recovery of arms and ammunition in the manner alleged by the prosecution,” the Court said.
The judge acquitted Jamsheed Zahoor Paul and Parvaiz Rashid who were charged for the offences under Section 18 (punishment for conspiracy) and 20 (punishment for being member of terrorist gang or organisation) of the Unlawful Activities (Prevention) Act, 1967 and Section 25 (punishment for illegal possession of firearms or ammunition) of the Arms Act, 1959.
While the FIR was registered against four men, including Paul and Rashid, Asif Nazir Dar died in 2018 without arrest and Adil Wani could never be arrested.
According to the prosecution, intelligence inputs suggested that certain individuals from Jammu & Kashmir had allegedly pledged allegiance to ISIS or Daesh and were procuring weapons from Uttar Pradesh for terrorist activities.
Acting on this input, a raiding team apprehended the accused near Jama Masjid bus stop in Delhi on September 6, 2018. It was alleged that both accused were found in possession of one pistol each with five live cartridges.
They were alleged to be in contact with other suspected ISIS operatives through BBM chats. The prosecution further alleged that funds were purportedly transferred to them for procurement of weapons.
The prosecution examined 23 witnesses, including police officials, forensic experts, and sanctioning authorities. The accused pleaded not guilty and claimed trial.
Acquitting the two, the Court observed that even though the place of alleged recovery is a busy area where public persons were present but they were not joined as witness at any stage, including the alleged recovery proceedings of the arms and ammunition from the accused persons.
“The failure to join independent witness, especially when the public witnesses were available raises a strong doubt on the prosecution version regarding the recovery of the said arms and ammunition from the accused persons. It is also not the case of the prosecution that any notice was given to the said public witnesses by the IO to join the investigation proceedings,” the Court said.
The Court further noted that sanction under Section 39 of the Arms Act was obtained after filing of the chargesheet, which is legally impermissible.
The judge also noted that the mobile phones were seized from the two accused on September 07, 2018, and were kept in unsealed condition with the IOs, and were only sent for analysis to CERT In on November 01, 2018.
The Court said that the said mobile phones remained with the IOs in unsealed condition for about two months and that no satisfactory explanation was offered by the IOs for such a “prolonged custody” of the devices.
“It has also not been explained as to why the devices were not deposited in the malkhana and promptly sent for forensic examination. It raises a strong doubt of tampering with the said mobile phones as without any plausible or satisfactory explanation the prolonged custody of the said devices remained with the IOs and that too in an unsealed condition. In the said circumstances, no reliance whatsoever can be placed on the alleged data including the above said screenshots of BBM Chats as allegedly recovered from the said mobile phones,” the Court said.
Further, the judge also held that the prosecution failed to prove that the accused persons were connected to IS-JK or that they, being the member of banned terrorist organization ISIS, conspired with each other and with other persons, to commit the terrorist act or any act preparatory to the commission of a terrorist act at different places within India or purchased or collected weapons.
“The prosecution has also failed to prove that during the said period prior to 06.09.2018, both the accused persons were found to be members of ISIS which is a banned terrorist organization and is involved in committing terrorist acts. Both the accused persons are thus liable to be acquitted and are thus acquitted under Section 18/20 of UA(P)A,” the Court held, ordering release of the acquitted individuals.
For context, Paul had approached the Supreme Court seeking bail in the case. The Apex Court had then observed that steps must be taken to ensure that the trial is completed expeditiously.
Counsel for Accused: Advocates Ahmad Ibrahim and Tamanna Pankaj for accused Jamsheed Zahoor Paul; Advocates Archit Krishna and Priya Vats for accused Parvaiz Rashid Lone