The Association for Protection of Civil Rights (APCR) has marked a significant legal triumph with the acquittal of Jamsheed Zahoor Paul and Parvaiz Rashid Lone in FIR No. 106/2018, registered with the Delhi Police Special Cell. The two men, who had been accused under the Unlawful Activities (Prevention) Act (UAPA) and the Arms Act, spent nearly eight years in custody before the court ruled that there was no credible evidence to support the charges.
The case, which began with the arrest of Paul and Lone near Delhi’s Red Fort on 7 September 2018, alleged that the two had links to ISIS and were conspiring to acquire weapons for terrorist purposes. Over the years, the legal proceedings revealed serious inconsistencies in the investigation, with charges formally framed only in April 2022. The Delhi High Court denied them bail as late as 2024, extending their prolonged incarceration.
Court Cites Doubts in Evidence and Investigation
The Patiala House Court, presided over by Additional Sessions Judge Amit Bansal, highlighted major procedural lapses in the prosecution’s case. The court noted that the seizure memos, site plans, and related documents submitted by the police bore FIR numbers but failed to clarify whether the FIR was registered before or after the alleged recovery of weapons and ammunition.
Judge Bansal stated, “The inclusion of the FIR number in these documents creates serious doubts about the authenticity of the alleged seizure. Whether the FIR was registered prior to the recovery or its number added later, both scenarios cast significant uncertainty on the prosecution’s claims.”
The court also raised concerns about the handling of mobile phones seized from the accused, which were kept in police custody for nearly two months without being sealed and sent for forensic analysis. This delay, the judge noted, made any data retrieved, including BBM chat screenshots allegedly linking the accused to ISIS, unreliable.
APCR Leaders Welcome Acquittal but Highlight Lost Years
APCR’s legal team, which represented the accused throughout the trial, emphasized that while the verdict was a victory, the long years spent in custody had already caused irreparable harm.
Nadeem Khan, National Secretary of APCR, said, “Today, the burden of being labeled a ‘terrorist’ is lifted, but eight years of their lives are gone. This is not just a legal win but a stark reminder of how easily lives are wrecked by fabricated allegations.”
Malik Motasim, General Secretary of APCR, stressed that the case reflects a broader pattern of misuse of stringent laws. “Extraordinary laws like the UAPA are being used to bypass the need for solid evidence. Our team stood by these men when the world had already judged them, and today’s verdict proves why due process cannot be ignored,” he said.
Broader Implications for Anti-Terror Laws
The acquittal raises serious concerns about investigative overreach in cases involving anti-terror legislation. It underscores how individuals can remain imprisoned for years without substantial evidence and why stricter safeguards are essential. Legal experts suggest that this verdict will set an important precedent, reaffirming that courts must meticulously scrutinize evidence even in cases with significant political and social weight.
The court’s judgment concluded that the prosecution failed to prove that Paul and Lone were members of ISIS, engaged in terrorist activities, or involved in weapons procurement. Consequently, the accused were acquitted of all charges under Sections 18 and 20 of UAPA and Section 25 of the Arms Act.
APCR’s Commitment to Justice
For APCR, this case highlights its ongoing mission to support individuals whose voices are often unheard. The organization has consistently stood by those fighting to prove their innocence, particularly in high-profile cases where public opinion may lean heavily against the accused.
“The acquittal is a reaffirmation of the principle that no individual should remain imprisoned without credible evidence. It reinforces the importance of due process and judicial oversight, especially in cases under anti-terror laws,” APCR noted in a statement.
FIR No. 106/2018, filed by the Delhi Police Special Cell, will now be remembered not only for its long legal journey but also for highlighting the critical need for accountability and fairness in cases filed under stringent national security laws.
