A special court in Jammu and Kashmir has acquitted two young men from Baramulla district who spent six years in custody under the anti-terror law UAPA, saying the prosecution's evidence was too inconsistent to be relied on, The Indian Express reported.
Special Judge Feroz Ahmad Khan acquitted Huzaif Firdous Bhat of Choora, Sopore, and Ajaz Ahmad Bhat of Kreeri, Baramulla, in a judgment delivered on November 5.
"On an overall assessment, the court finds that the prosecution evidence suffers from such material inconsistencies and infirmities that it would be unsafe to base a conviction upon it," the court said.
The police case
Police said they arrested the two on September 16, 2020, at a barricade on the National Highway near Kanispora, Baramulla, in a joint operation with the Army's 52 Rashtriya Rifles and the CRPF's 53rd battalion. They said two hand grenades, 100 rounds of ammunition and two posters of the banned Lashkar-e-Taiba were recovered from the men's vehicle. The two were charged under Sections 18, 23 and 39 of UAPA and the Arms Act.
The accused told the court they had been picked up from their homes at night, not at a vehicle check.
What the court found
There was no independent witness to the recovery, and the police witnesses contradicted one another on basic points, the court said:
- who carried out the search;
- whether 100 or 40 rounds of ammunition were found;
- whether the posters were of Lashkar-e-Taiba or Jaish-e-Mohammed.
Two witnesses admitted the recovery was not made in their presence. "Once the alleged recovery itself becomes doubtful, the foundation for the offences under Sections 18 and 23 UAPA and Section 7/25 of the Arms Act is substantially weakened," the court said.
The court added that the prosecution had produced no evidence connecting either man with any identified terrorist, terrorist act or organisation, and that the investigating officer admitted no such name had emerged in the investigation.
What next
The report does not say whether the prosecution plans to appeal. The two were represented by advocates Azim Pandith and Tajamul Hussain.
