Excelsior Correspondent
JAMMU, Aug 3: Principal Sessions Judge Jammu, Kartar Singh has acquitted three persons namely Farooq Ahmed Sheikh, Tehsil Commander of Harkut-ul-Ansar, Gh Ahmed Mir and Mohd Ayub Haji of the charges of sending the youth to Pakistan for obtaining training as the independent witnesses didn’t support the prosecution story and the statements of police personnel caused serious dent to it.
According to the police case, on August 17, 2001 an information from reliable source was received regarding making of forged passport and getting visas on the same by the militants with the aid of Pakistan’s ISI to facilitate the entry of youth to Pakistan with the purpose of obtaining training in the subversive activities in the camps organized by Pakistan.
On this information, case under Sections 3 EAO, 13 Unlawful Activities Act, 121-A/124-A, 120-B RPC and 12 Passport Act was registered and during investigation it was found that accused persons sent young boys to Pakistan for getting training in subversive activities after making forged and fictitious passports.
It was further found that the accused Farooq Sheikh was a Tehsil Commander of the militant organization, Harkat-ul-Ansar. The accused Gh Ahmed Mir, a Government employee under the planned conspiracy impersonated to be Ghulam Hussain Mir, forged signature and deceitfully obtained passport from postman Gh Mohd Shah. He also obtained money from the heads of the militant organizations after going to Pakistan and distributed the same for keeping the militancy alive in the State and Gh Ahmed Mir gave the same passport to Mohd Ayub who after going to Bangalore prepared forged stamps and removed the photograph of Gh Hasan Mir from the passport and affixed the photo of Farooq Ahmed Sheikh. He also forged the signature of Gh Hassan Mir on the passport.
After completion of investigation challan was presented in the Court against Farooq Ahmed Sheikh, Habib Ullah Malik, Gh.Ahmed Mir and Mohd Ayub Haji. However, vide order dated February 7, 2002 passed by the then Principal Sessions Judge Jammu, the accused Habib Ullah Malik was discharged, whereas the accused Farooq Ahmed Sheikh was charged with the commission of offence falling under Section 473 RPC and 8/56 FERA and the accused Gh Ahmed Mir was charged with the commission of offence punishable under Section 419/420 RPC, whereas the accused Mohd Ayub was charged with the commission of offence falling under Sections 466,473 and 201 RPC, to which they have pleaded not guilty and claimed to be tried.
After hearing both the sides, Principal Sessions Judge observed, “the only irresistible conclusion is that the prosecution has miserably failed to prove its case against the accused because the independent witnesses have not supported the prosecution story and the statements of police personnel have caused serious dent to it and did not connect them with the commission of the crime”.
“The prosecution case is bereft of any motive and the prosecution has failed to explain that the accused had any motive to forge the passport and for what purpose it was to be used. The passport holder namely Gh Hassan Mir was the most material witness in this case but he could not be traced by the investigating officer and as per his statement he is unable to say as to whether he is dead or alive”, the court said.
With these observations, Court acquitted the accused from the charges leveled against him.
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