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| Court acquits alleged associates of LeT terrorists | | | Early Times Report
Jammu, May 2: Principal Sessions Judge B L Bhat acquitted two alleged associates' militants of LeT militant organization who were apprehended during joint operation conducted by Army and SOG Mendhar on December 1, 2006. According to prosecution case, on December 2, 2006 Naib Subedar produced a letter of Adjutant 39 RR (Grenadiers) and also delivered custody of accused Mohd. Azeem and Kala Khan to Police Station Mendhar. As per contents of letter, on December 1, 2006 troops from 39 RR (Grenadiers), SOG Mendhar in Joint Search & Destroy Operation was launched in general area of Bary Rakh Forest. The search party noticed that of accused moving suspiciously with gunny bags. It was 5.10 pm, the search party apprehended the accused, who led the troops to a hideout which was busted. Search of the gunny bags revealed that accused were carrying prohibited explosive material and also recovered material from the hide out including the eatable items. A case u/ss 3 EAO and 4/5 ESA was registered and investigation was conducted and after completion of the investigation challan was presented in the Competent Court. Principal Sessions Judge BL Bhat after hearing Public Prosecutor Shabir Ahmed Choudhary for the state whereas Adv BL Chatha appeared for accused persons namely Mohd Azeem and Kala Khan of Banola Tehsil Mendhar district Poonch, after going through the case produced by prosecution and statement of witnesses observed that the plea of accused before Joint Operation Team that they were coerced into carrying the consignments of militants walking ahead of them coupled with their conduct of assisting in operation and pointing out hideout of the militants, cannot be termed improbable. The fact that two militants were noticed pushing their way into the forest when the area was lit up by firing an ill-bomb lends assurance to the version of accused. Plea of accused was raised as and when accused were nabbed by Joint Operation Team. Accused never made an attempt to escape. They lent support to Search Team and exhorted Joint Operation Team to nab militants. They were prompt in identifying hideout of militants, which was destroyed by Army. These facts emerge from the prosecution evidence itself and are compatible with innocence of accused, who appear to have been forced in acting as porters for militants. In absence of any other material establishing association of accused with a terrorist outfit, facts emerging from prosecution evidence demonstrate that accused were innocent residents of locality forced into submission by militants and were forcibly made to carry their consignments. Charge against accused, in the backdrop of these facts, emerging from prosecution evidence, cannot be sustained. Case is, accordingly dismissed as version of accused of being innocent local residents forced into carrying consignments of militants, is not improbable. Accused are acquitted of charges leveled against them. ----JNF
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