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| Another setback to Police | | Court acquitts accused involved in Delair Mehandi Night Blast at General Bus-Stand | | Jammu, October, 31:- Third Additional Sessions Judge Jammu Wani ND today acquitted five accused facing trail in Delair Mehandi Night Blast at General Bus-Stand in which 15 persons died on spot and 72 injured. This is second set-back to the state police within two days in which two most important and much publicized cases regarding militant activities failed in the court of law.
In the much publicized RDX blast on March 29, 1997, Wani ND Third Additional Sessions Judge/Presiding Officer TADA/POTA Court Jammu while acquitting the accused Fiaz-ul-Wahid Gujjar alias Haji Sahib s/o Lt Ghulam Hassan Gujjar r/o Dudhas District Rajouri at present Bathindi, Hafeez-ul-Rehman Shiekh code Anil s/o Ghulam Qadir Sheikh r/o Udrana, Bhaderwah District Doda, Ghulam Nabi Baba s/o Abdul Salam Baba r/o Anantnag and Abdul Rashid Baba alias Ullah s/o Abdul Salam Baba r/o Anantnag after hearing Additional Public Prosecutor appearing for State and Advocate Yogesh Bakshi appearing for the respondents observed that in the present case there is no denial to fact that injured witnesses have admitted that there occurred a blast at bus-stand on Marc 29, 1997 at around about 6:30 PM. It is also in the evidence of the witnesses examined by the prosecution that 15 persons died on spot and more than 72 persons injured but the statement of witnesses is silent about the lobbing of grenade or bringing of RDX by accused party to bus-stand Jammu and caused this blast by device of remote control. There is not even an iota of evidence to establish the presence of the accused at bus-stand. The contention of defense counsel is that the confession of the accused Faiz-ul-Wahid and Hafiz-ul-Rehman before SP Operation Ashkoor Wani recorded under TADA Act cannot read for the trial of the accused under RPC, therefore, according to Yogesh Bakshi counsel for the accused person these statements does not bear any evidentiary value and are just like scrap of paper appended with the file.
WANI ND Presiding Officer TADA further observed that court is in agreement with the defense counsel on this count. There is no dispute to the fact that then SP Operation recorded the statement of accused persons in May, 1997 in case registered at P/S Sher Garhi (Srinagar) under 3/4 TADA and the statements have been placed on record in the present case being tried for the commission of offences u/s 302/307/120-B RPC. The statements have been recorded under TADA Act is not admissible if the accused is tried under the provisions of RPC, because section and 25 and 26 of Evidence Act lays a bar to the credibility of the confession recorded by the police officer and under this Act reveals that no confession by an accused to police officer or any person while he is in custody of police could be admitted in evidence even u/s 161 CrPC no statement made by a person during the investigation to the Police Officer could be used in trial expect for the purpose of contradiction. So it is clearly manifest that section 15 TADA is exception to bar laid down u/s 25 and 26 of Evidence Act and the confessional statements recorded u/s 15 TADA is admissible against the accused making it in the same trial and in respect of the offences under TADA but the confession statement made by accused or co-accused cannot be read against the accused if he is not being tried for an offence under TADA.
Court further observed that since the presence of accused on the unfortunate day March 29, 1997 at Bus-Stand could not be established, nor it has been proved by cogent and reliable evidence that accused conspired at BABA Muslim Hotel, Talab Khadikan with each-other to cause blasts and disseminate terrorism segregate J&K from rest of India and in furtherance of this conspiracy took RDX loaded ambassador car to Bus-Stand and parked it on side of exploded it with remote control device death of 15 persons and injuries to several others, therefore, accused cannot be held guilty u/s 302/307/120-B RPC. Another circumstance of confession made by accused also cannot be read against the accused in view of law laid down by
Apex Court
. Therefore, court is left with no option but to acquit the accused as such the accused are acquitted from the charges leveled against them. They are already on bail, their bail bonds are discharged.
According to the police story that accused persons alleged to be members of militant outfit Harkat-ul-Insar were under a mission to liberate J&K State from rest of India and over awe the Govt of India established by law and therefore carrying out this mission the accused indulged in disrupted activities and create terror among the common masses by exploding Grenades. The accused also used arms and explosive in furtherance of their ill-designed object and on interceding night of 15/16 March, 1997 hatched a deep routed conspiracy at Baba Muslim Hotel Talab Kahdikan and prepared a plan to explode a bomb in the crowded area. Pursuant to this conspiracy, the accused Ghulam Nabi Baba managed RDX through Abdul Rashid Baba, who transported the same in fruit loaded truck. The accused Jalal Din code Daud brought an ambassador car from Delhi after putting a fictious number 3307/PUH to Bhatindi at Darul Aloom of accused Faiz-ul-Wahid on Marc 28, 1997, the accused met at Baba Muslim Hotel in order to give the practical shape to their malafide designs to explode Grenades and in furtherance intention they planted RDX in the ambassador car and also loaded explosive substance in a tin in its dikki. The accused in order to complete their mission brought the ambassador car at Talab Kahtikan and the accused Jalal Din and others boarded in the car drove it to Bus-Stand and parked it at entry gate. The accused Hafiz-ul-Rehman had kept a small shape article out on the other side of the road knowing that on account of Delair Mehandi night there will huge crowd in the area, exploded the said RDX with remote control device resulting into death of 15 persons on spot and 72 others were injured. The blast also caused damaged to buses, scooters and adjoining shops.
During investigation IO appeared reached on spot and sized the scattered pieces of car, buses and other material available at bus-stand, the injured and dead-bodies were taken to hospital. The investigation was later on handed over to crime-branch by the order of DGP dated march 31, 1997. The Crime Branch took all the record of local police and also recorded the statement of witnesses’ u/s 161 CrPC and also sent the message to Delhi and Calcutta to find the clue regarding the ambassador car used in this occurrence. The seized material was sent FSL. After completion of the investigation the Crime Branch presented challan in the court on August 11, 1997, the accused were charge sheeted and court after considering facts and hearing more than 90 witnesses come to the conclusion that it was not established that the accused persons at the bus-stand on the day of occurrence. |
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