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| TADA Court acquits Harkat militant | | | EARLYTIMES REPORT
JAMMU, Sept 8: The TADA court today acquitted a militant of Harkat-ul-Mujahideen for want of evidence. The militant identified as Hafiz-ur-Rehma was charge sheeted seventeen years ago.
According to the prosecution case on February 17, 1993 police station Kishtwar received information from reliable source that militants set on fire PWD store at Dedpith PWD Hut Chatroo, High School Building Chatroo, office of Naib Tehsildar Chatroo and quarters guest house of PWD at Chingam and they also fired shots in air and have disturbed peace and tranquility in the area.
A case u/s 436 RPC, 3/4 TADA r/w section 3/25 Arms Act was registered. During the investigation police recorded the statement of witnesses and also accused Hafiz-ul-Rehman s/o Ghulam Qadir r/o Udrana Tehsil Bhaderwah who was arrested and his statement u/s 15 of TADA was recorded. On completion of investigation, challan was presented in the Court of Law against Hafiz-ul-Rehamn, Haji Arif alias Haji Abdullah, Tariq Hussain s/o Ghulam Mohd, Mohd Rafiq, Zaker Hussain, Tariq Hussain s/o Mohd Ramzan, Imtiyaz alias Sameer, Abdul Latif alias Akram alias Ahsan and Nazir Ahmed alias Bilal whereas except Hafiz-ul-Rehman other accused were declared absconding and proceedings u/s 512 CrPC initiated against them. Subsequently accused Nazir Ahmed appeared and absconding accused Tariq Hussain reported to be dead. Charges were framed against Hafiz-ul-Rehman whereas accused Nazir Ahmed was discharged.
After hearing both the sides Presiding Officer TADA Court Jammu Pawan Dev Kotwal observed that the statement of the accused was not sent to the Chief Judicial Magistrate as required under Rules 15 of the TADA rules. The statement was produced for the first time before the designated court on March 21, 1997 which was allegedly kept in police dairy. Dealing with this contention, the Designated Court held that procedure prescribed under the rules was directory, even though the Court has held that procedure prescribed under rule 15 as directory that would not mean that investigating officer is not required to follow the said procedure. If there is delay in sending the statement, Court would consider its evidentiary value by weighing other evidence brought on record by the prosecution. TADA Court while deciding the case said that in our country there is separation of judiciary from executive and if lapse on the part of investigating officer are condoned and such statements are used for convicting the accused then the liberty of the citizens would not be safe.
Regarding the confessional statement, Court observed that the so called confessional statement was recorded by the police officer exercising supervisory powers and he did not even record the statement in his own hand. The statement was not sent to the concern CJM nor was forwarded to the designated Court in compliance with rules immediately after its recording. According to the Accused that his signature forcibly taken on blank paper in interrogation center and he was assured to be set-free, so recording officer has not been able to explain as to why he did not record the certificate in his own hand. With these observations Court acquitted Hafiz-ul-Rehman alleged active member of Harkat-ul-Mujhadeen militant organization of the charges and ordered that till the absconding accused are apprehended and put to Trial, the file be consigned to record. (JNF)
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