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| TADA court rejects plea to shift Rubia Sayeed case to Srinagar | | Accused in VC’s killing acquitted after 19 years | | EARLY TIMES REPORT
Jammu, Apr 20- A TADA court in Jammu has rejected a plea to shift cases of the Rubia Sayeed’s kidnapping and killing of four air-force men to Srinagar while in another case of kidnapping and killing of VC KU and GM HMT, the Court acquitted all the accused.
The defence counsel in these cases in his argument to shift the case had said TADA Court of Jammu doesn’t have any legitimacy to hear the case as both incidents had happened in Srinagar.
Pleading the case on behalf of the accused, including JKLF leaders, Muhammad Yasin Malik, Javaid Ahmed Mir, Muhammad Saleem Nanaji, Showkat Ahmed Bakshi, Wajahat Qureshi, Muhammad Iqbal Gundroo, Manzoor Ahmed Sofi and others, noted Advocate Zaffar Ahmed Shah, Advocate Imtiyaz Ahmed Sofi, and Advocate Yogesh Bakshi said the court had no legitimacy to go for the hearing of this case.
Rubia Sayeed, daughter of then Union Home Minister and former chef minister of Mufti Muhammad Sayeed, was kidnapped in Srinagar in 1989. Four air-force men were also killed at Rawalpora area of Srinagar.
Dismissing the applications filed by JKLF Supremo Mohammed Yaseen Malik and others seeking transfer of Rubiya Sayed kidnapping case and killing of Air Force personnel to Srinagar TADA Court, the Presiding Officer TADA Court Jammu today observed that these cases are pending since 1990 and are at the initial stage of argument of charge/discharge of the accused persons.
Special Public Prosecutor appearing for the CBI has taken the objections that there is no threat of any sort to accused at Jammu and it is only a self created phobia by the accused. Even though the militants have threatened the minority community at Srinagar but still people go there and in Jammu the Amarnath land Agitation was temporary which was subsided and every thing is normal. People from one division are moving freely and peacefully to the other division and even the trade is going on.The case has now been listed on April 25.
Meanwhile, the court has acquitted the accused in the nineteen year old kidnapping and subsequent killing of former Vice Chancellor of Kashmir University Professor Mushir-ul-Haq, his personal Security officer and a manager of HMT.
Presiding Officer TADA Court, after hearing Special Public Prosecutor PS Bhardwaj along with Rakesh Singh APP appearing for the CBI whereas Advocates CL Chatta and Yogesh Bakshi appearing for the accused persons observed that confession of accused Mohammed Saleem Zargar is inadmissible in evidence and a doubt arises on the voluntary nature of the confession of the accused Mustaq Ahmed Khan and Mohammed Sadiq Rather. The implicit reliance cannot be placed upon the confession without corroboration, which is lacking in the present case to hold the accused guilty of the commission of offence with which they are charged. In view of the facts and the circumstances of the case, Court is of the opinion that prosecution has failed to prove that the accused with a view to get their associates Nissar Ahmed Jogi, Ghulam Nabi Bhat and Fiyaz Ahmed Wani released by the Government and strike terror in the mind of general public and thereafter murdered Dr. Musir-ul-Haq and his private secretary Abdul Gani Zargar.
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