J&K court acquits two men after over 6 yrs in custody in UAPA case
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Sopore: A special court in Jammu and Kashmir has acquitted two men from north Kashmir who spent more than six years in judicial custody in a terror-related case, ruling that the prosecution failed to establish the charges under the Unlawful Activities (Prevention) Act (UAPA) and the Arms Act.
Huzaif Firdous Bhat, from Sopore, and Ajaz Ahmad Khan, from Baramulla, were arrested on September 16, 2020, on allegations that they were overground workers of the Lashkar-e-Taiba (LeT) and were transporting ammunition for militant activities.
In its November 5 judgment, the Special Designated Court at Sopore identified significant contradictions in prosecution witnesses' testimonies and procedural lapses in the alleged recovery and seizure of explosives and ammunition.
The court questioned inconsistencies over who searched the vehicle, discrepancies in the quantity of ammunition and the handling of seized materials. It also found shortcomings in the expert reports and the evidence presented to establish the accused men's alleged links with a militant organisation.
Holding that the prosecution had failed to prove the charges beyond reasonable doubt, the court acquitted both men and directed their release, provided they were not wanted in any other case.
The judgment also noted that the prosecution's allegations could not be sustained merely on suspicion, emphasising the need for reliable evidence to establish criminal liability.