A special court in Jammu and Kashmir has acquitted two youths from north Kashmir’s Baramulla district after they spent nearly six years in custody under the Unlawful Activities (Prevention) Act (UAPA) and the Arms Act.
Special Judge designated under the UAPA, Feroz Ahmad Khan, acquitted Huzaif Firdous Bhat of Choora, Sopore, and Ajaz Ahmad Bhat of Kreeri, Baramulla, after finding serious contradictions and gaps in the prosecution’s evidence.
The two men were arrested on September 16, 2020, after police claimed to have recovered grenades, ammunition and documents allegedly linked to the Lashkar-e-Taiba (LeT) from their vehicle during a search near Kanispora on the national highway.
According to the police, the vehicle was carrying two hand grenades, 100 rounds of AK-47 ammunition packed in a polythene bag beneath the driver’s seat, and two photocopies of letterheads bearing the LeT name. Police alleged that the ammunition was being transported from Singhpora towards Baramulla for terrorist activities.
The court, however, found that the prosecution had failed to establish the alleged recovery beyond reasonable doubt.
Court Points to Contradictions in Prosecution Evidence
The judgment noted that there was no independent witness to support the alleged recovery. It also highlighted inconsistencies in the statements of police witnesses about who conducted the search and whether they were present when the items were allegedly recovered.
The witnesses also gave conflicting accounts of the seized material. While one referred to 100 rounds of ammunition, another put the number at 40. Their statements also differed over whether the recovered posters were linked to the LeT or Jaish-e-Mohammed.
The accused had maintained that they were picked up from their homes at night, disputing the police version that they were arrested during a vehicle search in Kanispora.
The court observed that the contradictions were not minor discrepancies, as they raised questions about the alleged recovery, the identity of the seized material and its connection to the accused.
“The prosecution must travel the entire distance from suspicion to legal proof. In the present case, that distance has not been traversed,” the court said.
It added that suspicion, however grave, could not replace proof and that the prosecution had failed to establish the essential ingredients of the charges beyond reasonable doubt.
The court also said that the charge under Section 39 of the UAPA required reliable evidence of intentional support or assistance to a terrorist organisation. An allegation of association, without dependable evidence of such assistance, was insufficient for conviction.
It ordered the immediate release of the two men, subject to any other legal requirement, and said the seized property should be dealt with according to law after the appeal period.
Mirwaiz Seeks Accountability for Six Years in Custody
Kashmir’s chief cleric, Mirwaiz Umar Farooq, called for accountability following the acquittal, saying the case highlighted the human cost of prolonged detention when evidence ultimately fails to establish guilt.
In a post on X, Mirwaiz said it was deeply saddening that the two young men had spent six years in jail before being acquitted after the evidence against them was found unreliable.
“Will accountability be fixed for their wasted years?” he asked.
He urged authorities to review their approach and address the cases of other youths who, he said, remain in prolonged detention.
