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| TADA Court acquits 4 accused after 24 years | | Azam Inqlabi,16 others declared pro-claimed offenders | | Early Times Report
JAMMU, Sept 8 (JNF):- Prominent militant turned politician and patron of Mahaz-e-Azadi, Muhammad Azam Inqlabi was declared proclaimed offender along with sixteen others by the designated court under TADA here today.
The court also acquitted four persons after 24 years of trial. The acquitted persons have been identified as Abdul Hamid Bhat, Abdul Ahad Waza, Mohd Amin Mandoo and Mohd Hussain Bhat from the charges u/s ¾ TADA (P) A, 3 AE &IMCO and 120-B RPC after facing investigation and trial of more than 24 years. Court also proceeded u/s 512 CrPC (proclaimed offenders) against 17 accused including dreaded militant Mohammad Altaf Khan alias Azam Inqlabi s/o Abdul Rashid Khan r/o Srinagar presently Pak Occupied Kashmir.
This happens to be the oldest case registered under TADA by police station Kupwara in the year 1988, According to the police, on October 9, 1988 SHO P/S Kupwara came to know from reliable sources that some Kashmiri Youths hatched a criminal conspiracy in pursuance of which they have crossed over to POK/ Pakistan Individually or in groups for obtaining training in the handling/ use of sophisticated arms and ammunition and explosive material.
It was also known that said persons advocated the cause to liberate the J&K State from Union of India. On this information the case was registered and during investigation accused Abdul Hamid Bhat, Nazir Ahmed Shah, Bashir Ahmed Sheikh, Mohd Hussain Bhat, Jan Mohd Bokda, Mohd Anwar Bhat and Ali Mohd Mandoo were arrested and in view of the disclosure statement made by Abdul Hamid Bhat one Kalashnikov Rifle was recovered.
The confessional statement u/s 15 of TADA Act of accused Abdul Hamid Bhat & Ors was recorded by then SP Kupwara Mohd Amin Shah. After completion of investigation the challan was presented on October 7, 1991 in the Court of Additional Judge Designated Court TADA Srinagar, later came to be transferred to TADA Court at Jammu.
Presiding Officer TADA Court Sanjeev Gupta after hearing Advocates Ayjaz Lone and Yogesh Bakshi for the accused persons and Deputy Director Prosecution appearing for the state, observed that in the present case there is no material in file to show that confessional statements of the accused recorded u/s 15 of TADA Act were sent to the CJM Kupwara.
Even prosecution witness then SP Mohd Amin Shah ( now Retired as IGP) who had recorded the said confessional statements had not uttered a single word in his testimony that confessional statements of the accused were infact sent to the concerned CJM. While expressing anguish, Court further observed that the Investigating Officer of the case has not appeared in the Court who could have explained about the whereabouts of original confessional statements.
So it becomes apparent that there is clear violation of aforesaid rules in the case, in as much as neither the signatures of the accused nor that of SP Mohd Amin Shah were proved over the confessional statements allegedly given by the accused to say that said statements were voluntary in nature.
Advocate Ayjaz Lone appearing for the accused strongly disputed the veracity of the confessional statements attributed to the accused persons and strongly pleaded for acquittal of the accused. He further stated that the legal flaws in the confessional statements of the accused warrant clean chit to the accused. Court after hearing both the sides dismissed the police challan and acquitted accused Abdul Hamid Bhat, Abdul Ahad Waza, Mohd Amin Mandoo and Mohd Hussain Bhat and further directed that seized Kalashnikov rifle shall be kept in the District Armory after expiry of the period of appeal.
The file shall be consigned to records and the same shall be revive as and when 17 accused including Mohd Altaf Khan @ Azam Inqlabi proceeded u/s 512 CrPC will be arrested and produced in the Court. JNF |
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