Court says prosecution failed to establish links or prove charges under UAPA beyond reasonable doubt
Bandipora, Mar 13: A Special Court designated under the NIA in Bandipora has acquitted three local youth who were accused of providing support to militants involved in the 2020 killing of BJP leader Sheikh Waseem Bari and two of his family members.
Details available with news agency Kashmir News Corner — KNC that Additional Sessions Judge Mir Wajahat, acting as Special Judge for UAPA cases, acquitted Abrar Gulzar Khan, Muneer Ahmad Sheikh and Mohammad Waqar Lone after the prosecution failed to prove charges under Section 39 of the Unlawful Activities (Prevention) Act beyond reasonable doubt.
The court observed that none of the civilian witnesses linked the accused to the crime scene or to any act of aiding the attackers. It also noted the absence of direct, circumstantial or technical evidence connecting the trio with the militant attack that took place on July 8, 2020, in which Waseem Bari, his father Bashir Ahmad Sheikh and brother Umar Sultan Bari were shot dead at their shop in Bandipora.
During the trial, the prosecution examined 17 witnesses and presented documentary evidence, but the court found inconsistencies in the recovery process and procedural lapses, including the absence of independent witnesses during search operations. It also ruled that call detail records produced during the investigation were inadmissible as they lacked the mandatory certification under Section 65-B of the Indian Evidence Act.
The court stated that while the occurrence of the attack had been established, the prosecution failed to prove the involvement of the accused. Emphasising the principles of criminal jurisprudence, the court held that suspicion alone cannot substitute proof and directed that the accused be released immediately if not required in any other case. (KNC)
