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| Court acquitted agent of HM as prosecution failed to prove its case | | |
Jammu (JNF): Principal Sessions Judge (Designated Special Judge for EAO/ULA Cases) Jammu Mr. Kartar Singh has acquitted Muzaffer Hussain Shah S/O Ashiq Hussain Shah R/O Village Daraj Tehsil Koteranka District Rajouri and initiated proceedings u/s 512 CrPC against Anwar Shah S/O Ghulam Rasool Shah and Abdul Rashid @ Qari Zubair S/O Mohd Akbar Naik both residents of Khari Tehsil Banihal District Ramban.
According to the police case that on August 25, 2010 Incharge, Police Post, Dhamkund received an information from reliable sources that Muzaffer Hussain Shah S/O Ashiq Hussain Shah R/O Village Daraj Tehsil Koteranka District Rajouri had come to India from Pakistan after expiry of visa period and during his stay at Pakistan, he came into contact with Commanders of Hizbul-Mujahideen (HM) namely, Abu Mushibir and Anwar Shah and entered into conspiracy with them in order to wage a war against the State of Jammu & Kashmir and to augment the militants activities in the State. Those Commanders had also sent some objectionable documents and other material through him to be handed over to the local militant namely, Mohd Khalid S/O Mohd Sultan Chouhan, District Commander of Hizbul Mujahideen of District Ramban, Tehsil Banihal District Ramban. On receipt of this information, Incharge, Police Post, Dhamkund wrote a docket to the Police Station, Ramban where FIR No. 125/2010 for the commission of offence falling u/s 3 EAO was registered against the accused and investigation was entrusted to Incharge, Police Post, Dhamkund, namely, Ashiq Hussain Bhukhari. Incharge, Police Post, Dhamkund laid a naka and found that two persons were roaming in suspicious circumstances and going from Ramban towards Dhamkund. On inquiry, they disclosed their names as Muzaffar Hussain Shah and Amin Shah, residents of Rajouri. On personal search of the accused Muzaffer Hussain Shah, three copies of digital Quran, one charger, air phone, compass, two casio watches, one book of Hadees and one letter written on the writing pad of Hizbul Mujahideen were recovered. One mobile phone and identify card were also recovered and seized on spot. However, nothing was recovered from the second person namely, Amin Shah S/O Balwan Shah. During investigation, it was found that the accused went to Pakistan on visa on 31.12.2009 for a period of three months and returned on 01.04.2010 after expiry of the period of visa. During this period, he came into contact with Hizbul Mujahideen Commanders who sent the seized materials him which were to be handed over to the District Commander at Ramban. After investigation offence u/s 3 EAO was found proved against the accused Muzaffar Hussain Shah and the militants Abdul Rashid and Anwar Hussain Shah, whereas, no offence was found proved against the accused Amin Shah. The final report of the case was submitted in this court. Since the accused Anwar Hussain Shah and Abdul Rashid could not be traced during investigation, proceedings u/s 512 Cr.P.C was initiated against them.
Principal Sessions Judge (Designated Special Judge for EAO/ULA Cases) Jammu Mr. Kartar Singh after hearing Public Prosecutor Shabir Choudhary for the state whereas Adv Koushal Parihar appearing for the accused observed that t The prosecution has proved nothing in order to connect the accused with the commission of alleged offence. No objectionable material has been recovered from the accused except a letter written on the pad of Hizbul-Mujahideen Organisation but its recovery from the accused has also not been proved beyond doubt. Except this, there is not even an iota of evidence not to speak of proof suggesting that accused is enemy agent and is acting on the instructions of the enemy or working or ever acted on the instructions received from the militant organizations. Keeping in view the above discussion, the prosecution has failed to prove the charge that accused, on the instructions of ISI, went Pakistan in order to receive training and after receiving training crossed border illegally. In view of the discussion, there is no evidence on the file that the petitioners were enemy agents or had in any way intended to aid the enemy or done an act or attempted to do an act or conspired with any other person to do any act which was designed or which was likely to provide assistance to the enemy. With these observations Court acquitted Muzaffar Hussain Shah of the charges framed against him. |
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