Excelsior Correspondent
JAMMU, Nov 4: 1st Additional Sessions Judge Srinagar has discharged five alleged militants who were involved in 2003 militant attack case at the stage of framing charges. They are Showkat Ahmad Wani, Riyaz Ahmad Shah, Fayaz Ahmad Bilal, Sami-ullah Khan and Mohammad Altaf Mir.
After hearing both the sides, the court observed, “on the consideration of the material available on the file, I do not find any sufficient ground for framing of charge against the accused and prima facie there appears no ground for proceeding against the accused”.
“The accused are therefore discharged from the allegations leveled against them. The bail bonds and the surety are relieved. The file after due completion is consigned to records. The accused are in the custody, the Superintendent Jail is directed to release the accused from the custody if not involved in any other case”, the court directed.
“I want to place on record, the disappointing standard which the police has adopted while conducting the investigation of the case, where a precious life was lost. The Investigating Officer was expected to be very careful in the collection of the evidence to search the truth and the evidence so collected should have been of such a quality that could be used as admissible evidence”, the court said.
“It was the duty of the police to investigate fairly and thoroughly and collect all such evidence whether for or against the suspects. The protection and liberty of an individual is the paramount consideration of every limb of the state, be it the investigating agency or the court of law, the procedure must be such as to ensure that the guilty are apprehended and punished in accordance with the law but in the process the innocent persons should not be harassed, that is the aim and object of the entire criminal justice system”, the court said, adding “the manner in which the police has conducted their investigation with complete indifference to the essential norms in proceeding against the accused has left important leads unchecked and glossed over the leads that did not suit the story that they had conceived and ultimately failed to present a cogent conceivable and fool proof chain of events that would point to the guilt of the accused”.
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