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The court held that the charge under Section 7/25 of the Arms Act is not proven, acquitting the three accused — Wajid Ahmad Bhat, Masrat Bilal Bhuru and Rameez Ahmad Dar.
The National Investigation Agency (NIA)-designated TADA court in Srinagar has acquitted three people accused of being overground workers, saying the prosecution has “failed to establish beyond reasonable doubt” that the accused were in conscious and unauthorised possession of the weapons and ammunition it claimed was seized from them.
Pointing out “serious defects” in the proof of recovery on Monday, chain of custody, and identification of case property and accused, the court held that the charge under Section 7/25 of the Arms Act is not proven, acquitting the three accused — Wajid Ahmad Bhat, Masrat Bilal Bhuru and Rameez Ahmad Dar.
In its chargesheet, the police had alleged that the three were involved in “furthering militant activities” in Srinagar city and were on the verge of conducting terrorist activity in order to cause damage to the life/property of security forces and civilians. The accused were also allegedly “supporting militant organisation to separate the J&K from union of India.”
The prosecution presented statements from 11 witnesses, all police personnel, including the local Sub-Divisional Police Officer, to support charges that two grenades, one AK-47 magazine, 30 rounds, and Rs 47,500 were recovered from the accused at a checkpoint near Srinagar’s Batamaloo on October 10, 2022.
However, the court pointed out discrepancies in how “the accused came to be apprehended and what exactly was recovered from whom.” Additionally, it noted the “collective failure” to record identifying marks or numbers of case property and to preserve seal impressions, thereby breaking the chain of custody. The court also emphasised the “repeated inability of witnesses to identify accused correctly and to link specific grenades to specific accused” in the order.
On allegations of association with the terror outfit Al Badr, the court highlighted the total absence of “independent witness or corroborative evidence” for charges under the Unlawful Activities (Prevention) Act, 1967, saying that “these shortcomings create reasonable doubt about the truth of the prosecution story”.
“Once such doubt arises, the accused are entitled to benefit of doubt,” the court said.
Naveed Iqbal is a Senior Assistant Editor at The Indian Express, and reports from Jammu and Kashmir. With a career spanning over 15 years in frontline journalism, Naveed provides authoritative reporting on the region’s transition, governance, and the socio-political implications of national policies. Expertise Regional Specialization: Based in the Srinagar and New Delhi bureaus, Naveed has spent over a decade documenting the unique challenges of Jammu and Kashmir. Her reporting is distinguished by deep contextual knowledge of the region's post-Article 370, statehood debates, and local electoral politics. Key Coverage Beats: Her extensive body of work covers: Politics & Governance: Tracking the National Conference (NC), PDP, and BJP dynamics, including in-depth coverage of J&K’s first Assembly sessions and Rajya Sabha polls following the reorganization of the state. Internal Security & Justice: Providing rigorous reporting on counter-insurgency operations, terror module investigations, and judicial developments involving political detainees and constitutional rights. Education & Minority Affairs: Highlighting systemic issues such as quota rows in J&K, public service commission reforms, and the challenges faced by minority communities. ... Read More
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