Excelsior Correspondent
JAMMU, June 7: Principal Sessions Judge Jammu Kartar Singh has acquitted alleged agents of Pakistan’s agency ISI namely Bashir Ahmed Bhat, son of Abdul Ahad Bhat of Handwara and Basharat Ahmed, son of Abdul Majid Mir of Kupwara as prosecution story turned out to be contradictory.
As per the prosecution story, the accused were arrested by the police party on May 4, 2002 at Punnu Di Hatti under the jurisdiction of Domana Police Station and made a disclosure statement that they had crossed the border and came to J&K in order to spread the militant activities. They also admitted that they had brought arms and ammunition which were dumped in a land near Sajjadpur.
“According to the prosecution, their disclosure statements were written by the constables Mohinder Lal and Tilak Raj but they have not been examined by the prosecution in the court. Likewise they are the marginal witnesses to the seizure memo and seizure of the prohibited arms and ammunition but they were not produced in the court to prove those material documents”, the Court observed.
“These were the only material documents on which the foundation of the prosecution case has been built but they have not been proved by the prosecution meaning thereby that there is no incriminating evidence against the accused and the prosecution case has crumbled down like a house of cards”, Principal Sessions Judge observed, adding “the accused are facing trial in this court since May 22, 2006 but it is strange that despite seeking number of opportunities the prosecution has failed to produce its witnesses though all of them were their own police personnel”.
“The only witness examined in the court is constable Raj Singh, who has stated that the accused were arrested by the SHO. He has nowhere stated as to whether the disclosure statement was made by the accused which led to the recovery of prohibited arms and ammunition at their instance or where those arms and ammunition were recovered and seized”, the Court said, adding “there is not even an iota of incriminating evidence against the accused in order to connect them with the commission of the alleged offences”.
With these observations, Court acquitted the accused of the charges leveled against them.
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