‘Prosecution failed to prove offence’
Excelsior Correspondent
SRINAGAR, Dec 11: A local court today acquitted seven persons accused of involvement in the killing of former Jamiat-e-Alhadith president, Moulana Showkat Ahmad Shah, a decade ago and dismissed the challan against them on the ground that the prosecution has miserably failed to prove offence against them.
Additional Sessions Judge Ashwani Kumar Sharma designated under NIA Act Srinagar while closing the trial of the case against all the accused persons and dismissing the challan of prosecution against them recorded that the prosecution has miserably failed to fully establish the commission of murder of Moulvi Showkat Shah by these persons by allegedly hatching criminal conspiracy.
“The challan of the prosecution as such, is dismissed. Accused persons are acquitted of the charges levelled against them for commission of offences under Section 302 RPC, 7/25 of Indian Arms Act, 4/5 of Explosive Substance Act and 16/18 of Unlawful Activities Prevention Act, by giving them a reasonable benefit of doubt”, trial court concluded.
With this, conclusion trial court discharged the bail and personal bonds of all these accused and directed for setting at liberty all the persons. “The seized arms and ammunition (if any) shall be deposited to the Government Armoury at Zewan after the period of appeal is over”, read the judgment.
It was on April 8, 2011 that a written docket by SHO Maisuma Police Station was received for lodging FIR at the Police Station alleging that during the course of patrolling a loud sound of explosion was heard by the SHO concerned when he was on patrolling along with other police personnel at Budshah Chowk Srinagar.
It is mentioned in the docket that after receiving an information from reliable source that in Alhadith Masjid on the eve of Friday prayers, the Imam and Khateeb, Moulvi Showkat Ahmad Shah, who was the president of Jamiat-e-Alhadith was going to the mosque and while making entry a mine installed by unknown militants upon a cycle got exploded resulting into serious injuries to the president who later succumbed.
During the investigation, 7 persons were found to be involved in the conspiracy of murder of Moulvi Showkat by the prosecution and accordingly challan was produced before the court of law for further trial.
The accused mentioned in the challan were Nissar Ahmad Khan of Chanapora, Abdul Gani Dar of Budgam, Javed Munshi of Methan Chanapora, Abdul Majid Dar of Bemina, Riyaz Ahmad Shah of Pantha Chowk, Fayaz Ahmad Dar general secretary Jihad Council Kashmir presently Muzaffarabad and Mohammad Akbar Mali of Punjab Pakistan. Since the accused Riyaz Shah and Fayaz Dar have been proceeded under Section 512 CrPC as such Court directed the file be consigned to records after due completion and shall be put before the court on their arrest.
Court while acquitting them said it is well settled that no conviction can sustain on the basis of suspicion, how so ever grave it may be. “It is also settled principal of criminal jurisprudence that hundred guilty persons may escape punishment but, no innocent should be got convicted by the court”, read the judgment.
Court said the prosecution has failed to examine the IO in the case and has not rendered any explanation regarding the non-examination of the IO which is fatal to the case of the prosecution in the present facts and circumstances of the case.
The prosecution, court added, has failed to prove the FIR as well as the site plan of the spot. As such, both are inadmissible in evidence and cannot be relied upon for sustaining the conviction of the accused persons.
The accused were represented by Advocates Mohammad Abdullah Pandit, Abu Adil Pandit, Abu Owais Pandit, Nadeem Pandit and Mohammad Amin.
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