Yesterday, a sessions court in Jammu and Kashmir has acquitted three men accused in a terror-related case, holding that the prosecution failed to establish the charges beyond reasonable doubt.

The order was passed by Additional Sessions Judge Manjeet Rai, who is also a special judge under the NIA Act.

The court acquitted Wajid Ahmad Bhat, Masrat Bilal Bhuru and Rameez Ahmad Dar, all residents of Kulgam district and directed that they be released immediately if not wanted in any other case.

All three of them had been arrested on October 10, 2022, from a police checkpost in the Batamaloo area. The prosecution claimed that grenades and magazines loaded with live ammunition were recovered from their possession.

However, the court reiterated that in criminal trials, the burden lies on the prosecution to prove guilt beyond reasonable doubt, and that mere suspicion cannot substitute proof.

During the hearings, the court pointed to serious inconsistencies in the prosecution’s case, particularly regarding the manner in which the accused were apprehended and the recoveries allegedly made.

The judge noted a failure to record identifying marks or numbers on the seized items and to preserve seal impressions, resulting in a broken chain of custody.

Further, the Court observed that witnesses repeatedly failed to correctly identify the accused or link specific grenades to specific individuals.

Importantly, the court underlined the complete absence of independent witnesses or corroborative material to support the allegations under the UAPA, including claims of association with the banned outfit Al-Badr or any intended terrorist act.