The Court of Judicial Magistrate First Class in Srinagar has acquitted a Kashmiri journalist of all charges and declared him innocent.
On October 31, 2021, a photojournalist named Ubaid was attacked by a security guard in Srinagar’s Hazratbal area.
Speaking to The Kashmiriyat, Ubaid said that he had been asked to leave the campus while he was there for an autumn shoot. “They asked me to leave the campus as it was not allowed to shoot inside the campus premises. I turned off my camera and left the spot,” Ubaid said.
As he was leaving, a security guard shouted at him, accusing all journalists in Kashmir of being propagandists. “‘You are all thieves, we know you,’ the guard told me,” Ubaid alleged.
On July 25, 2024, Judicial Magistrate 1st Class Tabasum acquitted the accused in case FIR No. 141/2021 from P/s Nigeen, Srinagar. The case involved allegations under Sections 451 and 506 of the Indian Penal Code (IPC) regarding an incident on November 1, 2021, at Kashmir University.
The prosecution alleged that the accused had unlawfully entered the university premises by jumping over a wall, took photographs despite a ban, and subsequently engaged in a physical altercation with security personnel. The security staff claimed that the accused issued threats before fleeing. An FIR was lodged, leading to an investigation that included preparing a site plan, an injury memo, and recording witness statements.
During the trial, the prosecution presented only one witness, Mirza Khan from Bandipora, who testified that the accused had caused a disturbance at the university. However, his testimony lacked support from additional witnesses or corroborative evidence.
In cross-examination, Khan admitted he could not recall specific details such as the exact timing of the police arrival or the identities of other individuals present during the incident.
Judge Tabasum stated in her judgment, “The prosecution has failed to substantiate the charges against the accused beyond a reasonable doubt. The evidence presented, which includes the testimony of a single witness, is insufficient to establish the accused’s guilt.”
She said that “the principles of criminal jurisprudence require that the burden of proof lies with the prosecution, and in this case, that burden has not been met.”
Judge Tabasum concluded that the prosecution’s case was inadequately supported and thus ruled to dismiss the charge sheet. The accused was acquitted of all charges, and the bail bonds were discharged.
