Srinagar court acquits Budgam man in UAPA case, cites lack of reliable evidence

Srinagar: A Srinagar court, designated under the NIA Act, has acquitted a Budgam resident booked under the Unlawful Activities (Prevention) Act. After examining the case, the court said the material presented may raise a suspicion but the distance between 'may be true' and 'must be true' is long, and it must be covered by the prosecution with legal, reliable and unimpeachable evidence, which hasn't been done.

A court of additional sessions judge TADA/POTA, special judge designated under NIA Act, Srinagar, Manjeet Rai, said the prosecution has failed to prove beyond reasonable doubt the charges under sections 13, 18, 23 and 39 of UAPA, sections 3 and 5 of the Explosive Substances Act and section 201 of the Indian Penal Code against the accused Zahid Ahmad Mir, a resident of Aripanthan area of Beerwah in Budgam district of Kashmir. Mir was represented by advocate Muhammad Abdullah Pandit and Associates.

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"The accused is accordingly acquitted of all the aforesaid charges by extending to him the benefit of doubt... The accused who is presently in Central Jail, Srinagar, shall be set at liberty forthwith, if not required in connection with any other case. In compliance with section 437-A CrPC, the accused shall furnish bail bonds of ₹50,000 with one surety of the like amount to the satisfaction of this court, which bonds shall remain in force for six months so as to secure his appearance before the appellate court if and when required," read the court order.

The court said the accused is entitled to the benefit of doubt on all counts. The court order mentioned that the investigating officer has himself "admitted in cross-examination that during the investigation no evidence was obtained regarding the contact of the accused with any terrorist or a terrorist organisation". "No call detail records, no social media or Facebook material, no witness, no document and no other circumstance connecting the accused with any organisation or conspiracy has been brought on record," the order stated.