HC upholds death sentence of surrendered militant

Excelsior Correspondent
SRINAGAR, Sept 13 : High Court today upheld the death sentence of a surrendered militant which had been awarded to him by the Principal Sessions Judge of Kupwara district, terming it “rarest of rare” case.
A Division Bench of the High Court comprising Justices Virender Singh and MH Attar upheld the sentence awarded to the surrendered militant Ghulam Mohi-ud-Din Wani.
“We are of the considered view that the present case falls within the category of rarest of rare cases. The act of the appellant warrants nothing short of the death sentence,” the Bench said.
The Bench observed: “The appellant and his co-accused, Majid Ganai had participated in terrorist activities to disturb peace and tranquility in the state and enjoyed the shelter and courtesy of the BSF on the grounds of their desire to live and let other live peacefully. Their participation and involvement in this heinous crime makes it clear that their surrender was not because of their change of mindset.”
The Bench was hearing an appeal submitted by the appellant, Wani, who was booked by police along with co-accused Majid Ganai and three personnel of the 118 Battalion of the BSF – constable Gurmeet Singh, Inspector Gulzar Singh and constable Raj Kumar.
A couple and their three children were murdered at Walkul village in Lolab in district Kupwara on the night of March 16, 1997.
Wani and Ganai were both surrendered militants working for the BSF 118 Battalion Wanidurusa camp under Gulzar Singh and were given arms and ammunition by the BSF.
BSF constables Gulzar Singh and Raj Kumar, who had assisted both the accused in facilitating the killings, were discharged during investigation. Gurmeet Singh’s case was sent to the BSF court, which convicted him and awarded him 10 years’ imprisonment, which was reduced to six years.