Court reprimands police, orders release of Pharmacist implicated in militancy case
Jammu, Aug 28: A court in Jammu has reprimanded police for trying to falsely implicate a Junior Pharmacist in a militancy related case and has directed the superintendent of Central Jail, Jammu to release the accused from custody.
The accused is a Junior Pharmacist from Marwah area of Kishtwar district of Jammu and Kashmir and has been identified as Zahoor Ahmed who was arrested by police under Unlawful Activities Prevention Act (UAPA) in January this year after police station Dachhan charged him of supporting Hizbul Mujahideen and Jehangir Saroori, Kashmir’s oldest surviving militant. Saroori, a resident of Kishtwar, has been evading arrest since 1990.
While granting the bail, Sunit Gupta, Special Judge Jammu, under Unlawful Activities (Prevention Act), noted the court could not find a single witness or statement which can be held against Zahoor Ahmed for his alleged links to militancy.
Police had alleged that Zahoor was an over ground worker, not only providing information to militants but also supplying medicines to the longest surviving militant of Kishtwar Jehangir Saroori and three others on the directions of one Akther Hussain, resident of Kishtwar.
The court observed Zahoor Ahmed cannot be said to be involved in aiding, harbouring or being part of the militant organization.
“Even if he was intending to deliver some medicine even to the militant, he cannot be said to have been involved in any of the offences under UA(P) Act as such rigorous provisions of section 43-D() UA(P) Act would not apply in the case.”
The Special Judge said that the court could not find a single witness whose statements were recorded under section 161 or 164 CrPC who have uttered even a single word against the accused Zahoor Ahmed.
The Court observed that the Investigating Officer of the case had managed to annex a photostat copy of a statement of one witness namely Akhter Hussain which was recorded under section 164 CrPc in some other case and attached with this case.
“With the strength of the said copy of the statement, the Investigating Officer had made a successful attempt to falsely implicate the accused Zahoor Ahmed and even as per the statement; the accused is not genuinely found to be involved in any such activity which may be said to be an offence under UA(P) Act,” the court observed.
Judge Sunit Gupta while reprimanding the police investigation officer said he did not find any evidence against the accused.
The court directed the superintendent of Central Jail, Jammu to release the accused from custody. (KNT)
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