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| Court acquits 3 including alleged Harkat-ul-Ansar commander | | | early times report
Jammu, Aug 3 (JNF): Principal Sessions Judge Jammu Kartar Singh has acquitted one Farooq Ahmed Sheikh alleged tehsil commander Harkut-ul-Ansar, Ghulam Ahmed Mir and Mohammad Ayub Haji from the charges for sending the youth to Pakistan for obtaining training as the independent witnesses have not supported the prosecution story and the statements of police personnel have caused serious dent to it and did not connect them with the commission of the crime.
According to the police on 17 August 2001 an information from reliable source was received regarding making of forged passport and getting visas on it by the militants with the aid of ISI to facilitate the entry of youth to Pakistan by rail or air with the purpose of obtaining training in the subversive activities.
"In this connection Farooq Ahmed Sheikh resident of Potshai Bandipora, a trained militant, under a planned conspiracy is bent upon to make forged and fabricated passport and to obtain visa for visiting Pakistan. On this information case under sections 3 EAO, 13 Unlawful Activities Act, 121-A/124-A, 120-B RPC and 12 Passport Act was registered and during investigation it was found that accused persons sent young boys to Pakistan for getting training in subversive activities after making forged and fictitious passports and got visa on the said passport," police claimed.
It was found during investigation that the accused Farooq Sheikh was a tehsil commander of Harkat Ul Ansar. The accused Ghulam Ahmed Mir, a government employee under the planned conspiracy impersonated to be Ghulam Hussain Mir, forged signature and deceitfully obtained passport from postman Ghulam Mohammad Shah prosecution witness.
Vide order dated 7 February 2002 passed by the then Principal Sessions Judge Jammu, the accused Habib Ullah Malik was discharged, whereas the accused Farooq Ahmed Sheikh was charged for the commission of offence falling under section 473 RPC and 8/56 FERA and the accused Ghulam Ahmed Mir was charged for the commission of offence punishable under section 419/420 RPC, whereas the accused Mohammad Ayub was charged for the commission of offence falling under sections 466,473 and 201 RPC, to which they have pleaded not guilty and claimed to be tried.
The Principal Sessions Judge Jammu after hearing both the sides observed that the only irresistible conclusion is that the prosecution has miserably failed to prove its case against the accused because the independent witnesses have not supported the prosecution story and the statements of police personnel have caused serious dent to it and did not connect them with the commission of the crime.
"The prosecution case is bereft of any motive and the prosecution has failed to explain that the accused had any motive to forge the passport and for what purpose it was to be used," with these observations the Court acquitted the accused from the charges levelled against him.
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