Excelsior Correspondent
JAMMU, Oct 23: Principal Sessions Judge Jammu, Jang Bahadur Singh Jamwal has acquitted Naik Mohd, Wali Mohd and Raj Mohd, sons of Haji Ghulam Mustafa and issued General Arrest Warrants against Haji Ghulam Mustafa, son of Shanga, who were facing trial in the alleged grabbing of graveyard land.
According to the police case, Auqaf Islamia Jammu vide its letter dated December 13, 2006 informed Channi Himmat police that some land grabbers namely Haji Ghulam Mustafa, Raj Mohd, Wali Mohd and Nek Mohd were encroaching upon the land of Wakaf graveyard at Haji Mohalla near Sector-C, Sainik Colony.
On the basis of this report, police registered a case and commenced investigation. After completion of investigation, challan was presented challan in the Court.
After hearing Public Prosecutor Choudhary Shabir for the State whereas Advocate Ved Pal appearing for the accused persons, Principal Sessions Judge observed, “though the record shows that Auqaf Department is in possession of the land but none of the revenue official/officer has been examined by the prosecution to establish that the land was in possession of the Auqaf Department and was being used as a graveyard”.
“There is nothing on record where the accused have graved the dead bodies or exhumed them for the purpose of rendering an insult. Prosecution witness Iftkar Ahmed of Auqaf Department though reached on spot at the time when the accused were digging the graveyard but his statement has not been supported by any other evidence including the revenue record, which was most essential part of the evidence”, the Court further observed.
“The prosecution has procured the evidence of only two witnesses despite the opportunities granted. The prosecution has also failed to produce the Investigating Officer and other eyewitnesses”, the Court further observed and acquitted the accused of the charge. The Court, however, issued General Arrest Warrants against Haji Ghulam Mustafa.