SRINAGAR: A Delhi court has acquitted two Kashmiri men accused of links with the banned terrorist group ISIS and of procuring arms for terrorist activities, holding that the prosecution failed to prove its case beyond reasonable doubt and flagging significant lapses in the investigation.
Additional Sessions Judge Amit Bansal of the Patiala House Courts acquitted Jamsheed Zahoor Paul and Parvaiz Rashid Lone, residents of Shopian, who had been arrested in September 2018 under provisions of the stringent Unlawful Activities (Prevention) Act (UAPA) and the Arms Act.
In a 79-page judgment delivered on Thursday, the court said, “The prosecution has failed to prove its case beyond reasonable doubt against both the accused persons. Both the accused are thus acquitted in this case.”
The case stemmed from a September 6, 2018 operation by the Delhi Police Special Cell, which claimed it had received intelligence inputs that the accused had pledged allegiance to ISIS and had travelled to Delhi to procure weapons.
Police alleged that the two men were apprehended near the Jama Masjid bus stop on Netaji Subhash Marg and were found in possession of two 7.65 mm pistols and ten live cartridges.
However, the court raised serious doubts about the alleged recovery, noting inconsistencies in documentation. It questioned how the FIR number appeared on seizure documents without clarity on whether the FIR was registered before or after the recovery.
The court observed that such discrepancies “seriously reflect upon the veracity of the prosecution version and create a great deal of doubt”.
A key lapse highlighted by the court was the failure of the police to include independent witnesses during the arrest and seizure, despite the operation taking place in a busy public area near a Metro station and bus stand.
“The failure to join independent witnesses, especially when the public witnesses were available, raises a strong doubt on the prosecution version,” the court noted.
The court also found serious procedural violations in the handling of electronic evidence. Four mobile phones seized from the accused were kept unsealed in police custody for nearly two months before being sent for forensic examination.
“It raises a strong doubt of tampering,” the court said, adding that the prosecution failed to provide any satisfactory explanation for the delay.
As a result, the court rejected reliance on alleged chat records, including screenshots of conversations purportedly conducted via BlackBerry Messenger (BBM) with suspected handlers.
The prosecution had claimed that the accused were in touch with ISIS-JK operatives and had received funds to procure arms. It also alleged communication with individuals identified as Umarbin Nazir and Adil Thokar.
The court, however, found no evidence to substantiate these claims.
It held that the prosecution failed to prove that the accused were members of ISIS, had conspired to commit terrorist acts, or had procured weapons in furtherance of such a conspiracy.
The FIR in the case also named two other accused — Asif Nazir Dar, who died in 2018 before his arrest, and Adil Wani, who remains absconding.
During the trial, the prosecution examined 23 witnesses, including police personnel and forensic experts. The accused denied all charges and sought a full trial.
Concluding the case, the court held that the prosecution failed to establish any link between the accused and terrorist activities or organisations.
“The prosecution has also failed to prove that during the said period prior to September 6, 2018, both the accused persons were members of ISIS,” the court said, ruling that they were entitled to acquittal of all charges under the UAPA and the Arms Act.
The judgment brings to a close a case that had kept the two men in custody for over seven years.
