2 months ago
1
After they spent implicit 7 years successful jail, a Delhi tribunal connected Thursday (March 19, 20260 acquitted 2 persons booked nether the Unlawful Activities (Prevention) Act (UAPA).
Additional Sessions Judge Amit Bansal of the Patiala House Courts observed that the prosecution has failed to beryllium the charges slapped connected the accused, Jamsheed Zahoor Paul and Parvaiz Rashid.
The 2 were charged nether provisions of the UAPA relating to conspiracy and rank of a violent organisation, arsenic good arsenic nether the Arms Act. The FIR named 2 much idiosyncratic successful this lawsuit among which 1 died successful 2018 earlier apprehension and different remains absconding.
According to the prosecution, quality inputs suggested that definite individuals from Jammu and Kashmir had pledged allegiance to ISIS and were attempting to procure weapons from Uttar Pradesh for usage successful violent activities. Acting connected this information, a Special Cell squad arrested the 2 accused adjacent Jama Masjid successful Delhi connected September 6, 2018, allegedly recovering a pistol and 5 unrecorded cartridges from each. The prosecution besides claimed that the accused were successful interaction with suspected operatives done BBM chats and had received funds for procuring weapons.
During the trial, the prosecution examined 23 witnesses, including constabulary unit and forensic experts. The accused denied each charges and sought trial.
Citing superior inconsistencies successful the prosecution’s lawsuit and lapses successful the investigation, the tribunal questioned the details of the alleged betterment of arms and ammunition from the accused.
“The fig of FIR fixed connected the apical of the aforesaid documents intelligibly bespeak that either the FIR was recorded anterior to the alleged betterment oregon fig of the said FIR was inserted successful these documents aft its registration and successful some the situations it earnestly reflects upon the veracity of the prosecution mentation and creates a large woody of uncertainty astir the betterment of arms and ammunition successful the mode alleged by the prosecution,” the Court said.
The Court besides observed that adjacent erstwhile the prosecution claimed that the betterment of arms took spot astatine a ‘highly nationalist spot i.e. Bus Stop, Metro Station’ and admittedly by prosecution witnesses that galore nationalist witnesses were present, yet nary mentation has been provided arsenic to wherefore autarkic witnesses were not joined astatine immoderate signifier successful this case.
The Court besides raised concerns connected the handling of physics evidence. Mobile phones seized from the accused were kept unsealed for astir 2 months earlier being sent for forensic analysis. The tribunal recovered nary satisfactory mentation for this hold oregon for the nonaccomplishment to deposit the devices successful the malkhana promptly. This raised the anticipation of tampering, starring the tribunal to cull the reliability of the alleged integer evidence, including BBM chat records.
The accused were represented by advocator Ahmad Ibrahim, Tamanna Pankaj, Archit Krishna and Priya Vats.
