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| NIA judge rejects plea of accused declaring juvenile in Pulwama CRPF attack | | | Early Times Report
JAMMU, Mar 15: In a much publicized attack on CRPF convoy at Pulwama in which 40 CRPF persons were killed, Special Judge NIA Sunit Gupta rejected the plea of accused Waiz-ul-Islam declaring him as juvenile.
The instant application was moved on behalf of Waiz whereby he has raised the claim of juvenility before this court. It is pleaded that as per the case set up by the prosecution the accused is a terror associate of JeM and in August 2018 he had harboured three JeM terrorists including Mohdamma Ismail @ Saifullah and Sameer Ahmed Dar at the house of one of his friend. As per the allegations, the terrorist gave him a virtual number starting with + 1 along with an OTP to activate that number for whatsapp communication. He was also told to open an online shopping account on Amazon. Since the accused was already having an account on Amazon, Saifullah had started sending him links to purchase certain itmes such as Apple Lighters, hiking shoes, cargo pants, Head mount torches, LED flash lights, Aluminum powder, big knives, laser pointers, mobile covers etc. The accused used to make the payment either by way of cash on delivery or by using debit card of Anayat Malik.
Waiz had received 1 kilogram of aluminium powder in early January 2019 and again he had received three kg of aluminium powder through Amazon. These consignments of aluminium powder were used in the attack on 14th February 2019 on CRPF vehicles at Lethpora Pulwama. It was also alleged by the prosecution that the accused used to deliver the incriminating articles at Nowgam Bye pass to JeM terrorists.
Through the medium of the instant application, it was intending to be claimed by the accused that the last consignment which was allegedly received by the accused of aluminium powder from Amazon was on 22nd January 2019 whereas, the date of birth of the accused is 25th of Jan.2001. As such, according to the applicant he was juvenile under the age of 18 years at the time of commission of offence by the applicant/ accused and therefore, he may be declared as juvenile and as such he is entitled to be dealt with under the provisions of J&K Juvenile Justice (Care & Protection of children) Act 2013 r/w Rules 2014.
Special Judge NIA Sunit Gupta observed that when two special acts have over riding effect upon other laws, in such eventuality the provisions of which law would prevail upon. This controversy was set at rest by some of the High Courts. The court observed that though in the aforesaid judgements, the High Courts were dealing with TADA Cases and not of Unlawful Activities Cases, but it is to be observed that the language of non-abstante clause under section 25 of TADA Act and the language of section 48 of UA(P) Act are in juxtaposition and the same analogy can be applied in the present case, otherwise also, it is to be observed that whenever there is conflict between two special statutes in such eventuality , the later in time would prevail upon the other. In the present case, the J&K Juvenile Justice Act 2013 was came in force with effect from 25th April 2013 but this act is merely the reproduction of earlier JJ Act 1997 with some modifications . On the other hand, the provisions of UA(P) Act have been mainly introduced in the year 2008, otherwise the earlier act of Unlawful Activities Act 1967 was made redundant after the introduction of TADA Act and POTA Act. |
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