Srinagar: Two men from Baramulla were freed after spending nearly six years in jail. A special anti-terror court in Sopore said the police could not prove the case against them beyond reasonable doubt. The court found serious problems in the police story about a vehicle search and the recovery of weapons.
What Police Claimed
The case began on 16 September 2020. Police, Army and CRPF personnel set up a checkpoint near Kanispora, close to the Singhpora crossing on the National Highway in Baramulla. They said the checkpoint was set up after information that unidentified militants were moving in the area and planning a major attack.
Police said they stopped a white Maruti car with registration number JK-05C-6029, which was going from Singhpora to Baramulla.
According to the police, two hand grenades and 100 live rounds of AK-47 ammunition were found under the driver’s seat. Huzaif Firdous Bhat was identified as the driver, while Ajaz Ahmad Bhat was said to be sitting in the vehicle as a passenger.
Police also claimed that photocopies of Lashkar-e-Taiba letter pads were found during the personal search of the two men. The prosecution said the men had admitted that they were overground workers of the outfit. It also alleged that the ammunition was being taken to Baramulla for terrorist activities, as reported by The New Indian Express.
Why Court Acquitted Them
The case was registered under the Unlawful Activities (Prevention) Act and the Arms Act. A chargesheet was filed in court on 10 March 2021. During the trial, the defence said the police version was not reliable and that the alleged recovery of weapons had not been properly proved.
Special Judge Feroz Ahmad Khan found that there were major contradictions in the statements of police witnesses. The court said the witnesses gave different accounts about the checkpoint, the search of the vehicle, the recovery of the weapons, and whether certain officers were present during the search.
The court also noted that no independent witness was produced to support the alleged recovery. There were also differences in the statements about the amount of ammunition and whether the recovered documents were linked to Lashkar-e-Taiba or Jaish-e-Mohammad.
The accused had said they were picked up from their homes at night, and not arrested at the checkpoint as claimed by police. The court held that the prosecution failed to prove that either man was connected to any terrorist, terrorist act, organisation, or that they had knowingly helped such activity.
Court Orders Release
The court acquitted both men and ordered their immediate release, subject to any other legal requirement. It said that suspicion, even if strong, cannot replace proof. The benefit of doubt was given to the accused.
Both men had remained in jail for about six years under strict anti-terror laws. The court said that when contradictions affect the main part of the prosecution case, especially the alleged recovery and the accused’s link to it, they cannot be ignored.
