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| Court acquits LeT ultra of terror charges for want of proof | | | EARLY TIMES REPORT
New Delhi, Nov 15: A Delhi court has acquitted an alleged Lashkar-e-Toiba militant, of the charge of waging war against the country, saying recoveries of huge cache of arms and hawala money from him were not proved.
"Recovery of the arms and ammunitions have not been proved... by no stretch of imagination, the charge of sedition can be said to be proved against the accused (Irshad Ahmed Malik)," Additional Sessions Judge J R Aryan said.
Malik, hailing from Doda district of the state who was staying at Rajdhani hotel in South Delhi, was arrested on the evening of March 27, 2004, by the special cell of the Delhi police on a tip off.
The police had recovered Rs 2.75 lakh cash, alleged hawala money and a pistol along with eight live cartridges, the chargesheet said.
During the probe, the militant also helped recover an AK-56 assault riffle and 60 cartridges from a place near the Humayun''s tomb in the national capital, it added.
Initially, the accused was booked under the Prevention of Terrorism Act (POTA), the IPC and the Arms Act, dealing with criminal conspiracy, waging war against the government of India and procuring arms and ammunitions.
It was alleged the LeT militant along with associates, Master Ali, Altaf and Abu Mohd, who successfully evaded the arrest during the trial, had planned to commit terror attacks in India, including Delhi, by acquiring arms and money through hawala channel. While giving the benefit of doubt to the accused, the court considered the fact that the POTA Review Committee headed by the Delhi High Court judge Justice Usha Mehra had recommended the dropping of POTA charges against him.
It also refused to lend credence to the recovery of the arms and the ammunition from the accused on the ground that the special cell did not join any independent public witness who could have supported the case.
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