Excelsior Correspondent
JAMMU, Sept 8: Presiding Officer TADA Court, Sanjeev Gupta has acquitted four persons namely Abdul Hamid Bhat, Abdul Ahad Waza, Mohd Amin Mandoo and Mohd Hussain Bhat of the charges under TADA, IMCO and 120-B RPC after more than 24 years long investigation and trial. The Court also proceeded under Section 512 CrPC against 17 accused including dreaded militant Mohd Altaf Khan alias Azam Inqlabi, son of Abdul Rashid Khan of Srinagar and presently in Pakistan occupied Kashmir (PoK).
According to the prosecution case, on October 9, 1988 SHO Police Station Kupwara came to know from reliable sources that some Kashmiri youths have crossed over to PoK/ Pakistan for obtaining training in the handling and use of sophisticated arms and ammunition and explosive material to get J&K liberated from the Union of India.
On this information, a case was registered and during investigation accused Abdul Hamid Bhat, Nazir Ahmed Shah, Bashir Ahmed Sheikh, Mohd Hussain Bhat, Jan Mohd Bokda, Mohd Anwar Bhat and Ali Mohd Mandoo were arrested and in view of the disclosure statement made by Abdul Hamid Bhat one Kalashnikov Rifle was recovered.
The confessional statement of accused Abdul Hamid Bhat and others was recorded under Section 15 of TADA Act by then SP Kupwara Mohd Amin Shah. After completion of investigation, the challan was presented on October 7, 1991 in the Court of Additional Judge Designated Court TADA Srinagar. Later, the case was transferred to TADA Court at Jammu.
After hearing Advocates Ayjaz Lone and Yogesh Bakshi for the accused persons and Deputy Director Prosecution appearing for the State, Presiding Officer TADA Court observed, “there is no material in the file to show that confessional statements of the accused recorded under Section 15 of TADA Act were sent to the CJM Kupwara. Even prosecution witness then SP Mohd Amin Shah (now Retired as IGP), who had recorded the confessional statement, had not uttered a single word in his testimony that confessional statements of the accused were in fact sent to the concerned CJM.
While expressing anguish, Court further observed that the Investigating Officer of the case has not appeared in the Court, who could have explained about the whereabouts of original confessional statements. “So it becomes apparent that there is clear violation of rules in the case as neither the signatures of the accused nor that of SP Mohd Amin Shah were proved over the confessional statements allegedly given by the accused to say that statements were voluntary in nature”, the Court said.
Advocate Ayjaz Lone appearing for the accused strongly disputed the veracity of the confessional statements attributed to the accused persons and pleaded for acquittal of the accused. He further stated that the legal flaws in the confessional statements of the accused warrant clean chit to the accused.
After hearing both the sides, the Court dismissed the police challan and acquitted accused Abdul Hamid Bhat, Abdul Ahad Waza, Mohd Amin Mandoo and Mohd Hussain Bhat and further directed that seized Kalashnikov rifle shall be kept in the District Armory after expiry of the period of appeal.
“The file shall be consigned to records and the same shall be revived as and when 17 accused including Mohd Altaf Khan alias Azam Inqlabi proceeded under Section 512 CrPC will be arrested and produced in the Court”, the Presiding Officer said.
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