Srinagar: Two youth in Indian occupied Kashmir facing charges of purportedly operational for Pakistan’s ISI were acquitted by an Indian court after prosecution failed to prove charges against them.
Principal Sessions Judge Jammu, Kartar Singh acquitted Bashir Ahmed Bhat son of Abdul Ahad Bhat of Panjoura Doulatpura Handwara and Basharat Ahmad son of Abdul Majid Mir of Bus Stand Kupwara as prosecution witnesses contradicted the Indian police story.
The accused were arrested in May 2002 while they were facing trial since 2006 after a charge-sheet against them was filed in the court.
As per the prosecution story, the accused on being arrested at Punnu Di Hatti on Jammu outskirts told the police that they had crossed the border and entered back in Jammu and Kashmir “to spread anti-indian activities in the occupied territory.” Indian Police further claimed that on their disclosure it recovered arms and ammunition which they had allegedly buried near Sajjadpur.
While acquitting the accused, the court observed that none of the witnesses, who reportedly prepared the disclosure statements, were produced by the prosecution.
“Likewise, the same witnesses are the marginal witnesses to the seizure memo and seizure of the prohibited arms and ammunition but as already stated that they were not produced in the court to prove those material documents,” the court observed further. The accused, the court said, were facing trial since 22/5/2006 but it is strange that despite seeking number of opportunities, the prosecution has failed to produce its witnesses though all of them were their own police personnel.
“There is not even an iota of incriminating evidence against the accused in order to connect them with the commission of the alleged offences,” the court held.