| HC set-aside discharge, orders fresh trial in Jammu terror case | | | Early Times Report
JAMMU, Oct 7: In a significant ruling, the High Court of Jammu & Kashmir and Ladakh has set aside the discharge of two men accused of links with Pakistani handlers in a terror conspiracy case and ordered the trial court to reconsider framing of charges.
A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar allowed the Union Territory's appeal against the November 2022 order of the 3rd Additional Sessions Judge, Jammu (Special Judge, NIA), which had discharged Mohd. Anas of Uttar Pradesh and Sheran Nawaz Sheikh of Kishtwar.
Prosecution records state that Anas was detained in Jammu in October 2021 while allegedly filming vital installations. He reportedly confessed to being in touch with Pakistani handlers via WhatsApp and Telegram, receiving assignments to photograph sensitive areas, including the residence of a senior journalist. A money trail of nearly Rs 28,000, allegedly routed through international exchanges, was also traced to his bank account.
Sheikh, accused of providing access to his WhatsApp-linked mobile number, was said to have coordinated with the same handlers. Investigators claimed the duo procured a locally made pistol and shared its image with contacts across the border.
The trial court had discharged both accused, observing that the prosecution case relied heavily on inadmissible confessional statements and lacked independent corroboration.
The High Court, however, ruled that seized mobile data, WhatsApp chats, photographs, and foreign fund transfers created "grave suspicion" of their involvement. At the charge stage, the bench said, only a prima facie case is required, not proof beyond reasonable doubt.
"The trial judge committed a manifest error by assessing the probative value of evidence instead of examining whether there were sufficient grounds to proceed," the court observed.
Restoring the chargesheet, the High Court directed the trial court to hear the case afresh and decide on framing of charges in accordance with law.
(JNF) |
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