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| Court discharges local journalist in EAO Case | | | EARLY TIMES REPORT
JAMMU, December: 30 (JNF):- Special Judge under Enemy Agents Ordinance Jammu AK Shan has discharged one Farooq Ahmed Ganai s/o Mohd Akbar Ganai r/o Sadibara Tehsil & District Anantnag presently JDA Colony Roop Nagar Jammu who was booked by the police u/s 3 EAO and section 66-F IT Act.
According to the police the accused was booked for allegedly supplying information regarding the activities of security forces and location of Defence installation to ISI of Pakistan and also alleged to have engaged in conspiracy for commission of suppressive activities.
According to the police case a disclosure statement was recorded on October 23, 2009 and thereafter the accused led the police to his office Canal Road from where CPU, Handy Camera, Voice Recorder and Printed list of the receipt pertaining to the amounts received by alleged accused from Spain and Egypt through Western Bank Union with effect from April 17, 2009 to July 23, 2009 were recovered.
The court after hearing the Public Prosecutor Shabir Ahmed for the State whereas Advocate OP Sharma for the accused and after perusing the police record observed that the perusal of the material collected during investigation including the coloured Photostat copy of the Rail Alignment does not prima-facie point the ingredients of section 3 EAO Act. The statement of witnesses recorded during investigation also does not point out such ingredients their evidence is in respect of recoveries of electronic gadgets etc from the personal search, office and residence of the accused, the only material against the accused in the police report, after going through the said reports it transpires that office who has prepared the same is an eye-witness. He has written in the police report that the accused went to Pakistan as one of the delegates of the delegation which went to Pakistan in 2007 and made contacts with dreaded militants, leaders and the ISI and also visited the training camps of terrorists.
Court questioned that how the said police officer had came to conclusion is not made out from the record. IO has not even collected the proof of the visit to Pakistan of the accused as Delegate. Who has told the IO that accused visited the training center of terrorists and met with the dreaded militant leaders is forthcoming from the record. Even the IO has not examined any member of the delegation which visited Pakistan. In such a situation there is no sufficient ground before the Court to believe that the accused had ever visited Pakistan even. What is evidence on the basis of which IO has come to the conclusion that accused was supplying vital information through his email to ISI agency which in turn was being supplied to terrorist groups to cross the LOC and cause destruction in the state has not been explained by the IO or the PP and nor is there any material on record to come to such a conclusion even prima-facie. Court has come to definite conclusion that there is no sufficient ground for proceeding against the accused and he is discharged. JNF |
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