“Couldn’t find a single witness or statement”: Court orders pharmacist’s release implicated in false militancy case

Jammu: A court in Jammu has reprimanded the 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 him 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 is active in Chenab Valley since 1990.

While granting bail, Sunit Gupta, Special Judge Jammu, noted that 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 overground worker who not only provided information to militants but also supplied 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 that 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.”

Special Judge Gupta 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 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