Bandipora court acquits three in Waseem Bari case under UAPA Section 39

A court in Bandipora, Jammu and Kashmir, acquitted three local men charged under UAPA Section 39 for allegedly harbouring terrorists linked to the 2020 killing of BJP leader Sheikh Waseem Bari and two relatives. The special judge held that the prosecution failed to prove the case, granting the benefit of doubt and ordering their release subject to checks.

India

-Krishna Kripa

A court in Jammu and Kashmir’s Bandipora district acquitted three men in a case linked to the 2020 killing of BJP leader Sheikh Waseem Bari and two relatives. District and sessions judge Mir Wajah, also the special judge under the National Investigation Agency NIA, said the prosecution did not prove the charge.

The accused were Abrar Gulzar Khan, Muneer Ahmad Sheikh and Mohammad Waqar Lone, all from Bandipora. The court cleared the three of allegations of harbouring terrorists under the Unlawful Activities Prevention Act. The order was passed on Wednesday and ran to 89 pages.

Bandipora court acquittal under UAPA Section 39

“The accused, Abrar Gulzar Khan, Muneer Ahmad Sheikh and Mohammad Waqar Lone, all from Bandipora, are hereby acquitted of the charge under Section 39 of the Unlawful Activities Prevention Act by benefit of doubt. They are ordered to be set at liberty forthwith if not required to be detained in connection with any other case, subject to verification by the jail authorities, the judge said in the 89-page order passed on Wednesday.\”

The court said evidence did not meet the standard needed for conviction. Judge Mir Wajah reviewed testimony from 17 prosecution witnesses. The judge said that, after weighing the full record, the case was not proved beyond reasonable doubt under Section 39 of the UAPA.

Bandipora court on links to the July 2020 attack

The order stated the prosecution did not show a clear link between the three men and the violence. It said there was no direct, circumstantial, forensic or technical nexus connecting the accused to the terrorist attack of 08.07.2020. The court also found no proven connection to the attackers.

Sheikh Waseem Bari was shot dead in July 2020. Bashir Ahmad Sheikh and Umar Saeed Sultan Bari were also killed. The three were attacked inside their shop in Bandipora district, according to the case record before the court.

The court also addressed other accused named in the case. It said proceedings would continue against absconding accused Abid Rashid Dar and Azad Ahmad Shah. The order said those proceedings shall continue in accordance with law, while the three acquitted men were to be released if not held in other cases.

With inputs from PTI