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| Court acquits LeT suspects | | | EARLY TIMES REPORT
Jammu, Jan: 22 (JNF):- Principal Sessions Judge Jammu AK Shan today acquitted Sajjad Hussain r/o Surankote and Liaqat Ali r/o Gajote Pouni Park Reasi, suspected of being Lashker-e-Toiba activists. Both the accused were facing trial in Enemy Agent Ordinance for the last six years.
According to the police on March 12, 2005 Nowabad Police arrested one Sajjad Hussain and recovered one grenade from his possession and a case u/s 4/5 ESA, 2/3 Prevention of SS Act, 3 EAO and 120-B RPC came be registered. The investigation led to recovery of a purse and other articles besides a letter issued by Lashker-e-Toebia organization. There after accused Liaqat Ali was arrested along with Rafaqat Ali. During investigation accused Liaqat Ali made a disclosure statement and on his instance two grenades, one coil used for blasting, 83 live cartridges of AK-47, one Telescope and Rs 70,000 was recovered from Niki Tawi.
The court after hearing the parties observed that once having come to the conclusion that disclosure statement made by the accused is doubtful the subsequent recovery at the behest of accused itself is rendered doubtful. Even otherwise the evidence about the recovery at the behest of accused Liqayat Ali is not proved behind reasonable shadow of doubt. So far offence u/s 3EAO is concerned there is no evidence on record even to suggest remotely that both the accused were acting as agents of enemy. There was some material which has not been proved against accused Sajid Hussain in shape of the letter allegedly issued by LeT. Had this fact been proved during the trial than question of accused Sajjad Hussain as enemy agent would have been different? As per the accused Liqayat Ali is concerned even during investigation no material was collected in order to Prima-Facie point out that he was acting as the agent of enemy. It is held by the Court that prosecution has failed miserably to prove the charge against the accused beyond any reasonable shadow of doubt. The accused are acquitted of the charges framed against them and directed to be released from judicial custody if not detained in some other case. Court further observed that as the accused Liqayat Ali has not laid any claim over the amount of Rs 70,000, so the same be deposited in the state exchequer. The telescope and coil be destroyed after the expiry of appeal period. The rounds be deposited with the district Armory Jammu. It is worthwhile to mention here that accused Rifaqat Ali was discharged by the Court at the time of framing charges. JNFJNF/JANUARY/22/2011/1
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