Excelsior Correspondent
Srinagar, Aug 13: High Court has dismissed an appeal of prosecution challenging the verdict of the Trial Court whereby the persons committing the offence of threatening the Panchs to resign from their position have been acquitted from the charges of Unlawful Activities.
The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar while upholding the judgment of Special Judge designated under NIA Act at Anantnag said the words of threatening the Panchs to quit the posts on posters by the persons Ghulam Mohammad Lone, does not fall within the purview of ‘Unlawful Activity’ as such words cannot be said to be intended to bring about cession or session of part of the J&K UT from the India.
“The writings on the offending posters were only aimed at and intended to intimidate elected Panchs by extending them a threat that in case they do not resign from their positions they would be done away with. Nor does such words disclaim, question, disrupt or is intended to disrupt any sovereignty and territorial integrity of India. These words can also be not understood to cause or intended to cause disaffection against India”, reads the judgment.
“We could have remanded the matter back to the Trial Court for framing such a charge, but having regard to the fact that respondent has already faced the ordeal of trial for more than eight years and, therefore it would not be appropriate to do so”, DB said and dismissed the appeal accordingly.
The prosecution case as presented before the trial Court was that, on the basis of information received from a reliable source, Police Station Srigufwara, Anantnag on September 8, 2012, registered FIR No. 59/2012 for offences under Section 13 of the Unlawful Activities (Prevention) UA(P) Act. The information which became the basis of registration of FIR was that the proscribed organization Hizbul Mujahideen had affixed some posters on electric poles threatening the elected Panchs/Sarpanchs to resign or face dire consequences.
On the basis of suspicion, five persons including Lone was rounded up by the Police for interrogation. Their specimen handwriting was taken and, in comparison with the handwriting on the offending posters, the Police concluded that the affixing of the offending posters on the electric poles was handiwork of respondent-Lone.
The Trial Court, having heard the prosecution and the defense, and having regard to the evidence that had come on the record, came to the conclusion that the prosecution had miserably failed to connect Lone with the commission of offence with which he was charged. According, vide judgment under challenge he was acquitted of the charge.
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