In a significant ruling, a sessions court in Jammu and Kashmir has acquitted three individuals who were arrested in 2022 on charges of possessing arms and alleged links to a terrorist organization. The court highlighted a critical failure by the prosecution to establish guilt beyond a reasonable doubt.
Court Cites "Total Absence" of Independent Evidence
Additional Sessions Judge Manjeet Rai delivered the verdict on Tuesday, ordering the immediate release of the accused. The judge pointed out a "total absence of independent witnesses or corroborative evidence" to support the serious allegations leveled by the police under the Unlawful Activities (Prevention) Act (UAPA).
The prosecution had claimed that the three men—Wajid Ahmad Bhat, Masrat Bilal, and Rameez Ahmad Dar—were associated with the Al-Badr outfit and intended to carry out a terrorist act. However, the court found these claims unsubstantiated by reliable proof.
Details of the Arrest and the Defense's Argument
According to the police case, the arrests occurred on October 10, 2022, during a checking operation in the Batamaloo area of Srinagar. The accused allegedly tried to flee but were caught. Recoveries made included:
- One live grenade from Wajid Ahmad Bhat.
- Another live grenade, an AK-47 magazine, and 30 live rounds from Masrat Bilal.
- Cash amounting to Rs 47,500 from Rameez Ahmad Dar.
A chargesheet filed by the police stated that the accused had confessed to being "terrorist associates" and receiving the arms from a masked overground worker in Kulgam, south Kashmir.
However, the defense counsel successfully argued that the entire prosecution case rested solely on the testimony of police officials. They emphasized that there was not a single independent civilian witness, despite the location of the arrest being near a CRPF bunker and surrounded by shops on three sides.
Verdict and Immediate Consequences
The court, after examining the evidence, concluded that the prosecution failed to prove the accused were in "conscious and unauthorised possession" of the recovered items at the time of their arrest. Judge Rai explicitly noted the lack of corroboration for the UAPA allegations.
"Accordingly, all three accused... are acquitted of all charges levelled against them in this case," the court declared. It directed the police to release them "forthwith, if not required in any other case." This ruling underscores the legal principle that charges, especially under stringent laws like UAPA, must be backed by concrete and credible evidence to secure a conviction.
