STATE TIMES NEWS
JAMMU: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sanjeev Kumar and Justice Rajesh Sekri set-aside the order of NIA Court whereby Court discharged one Jaffer Hussain and directed Trial Court to frame charge against respondent and proceed with trial in accordance with law. The appeal in terms of Section 21 of National Investigation Agency Act 2008 (NIA Act), read with Section 482 of the Code of Criminal Procedure, 1973, read with Article 227 of the Constitution of India, has been directed against order, propounded by the Court of Special Judge, NIA (3rd Additional Sessions Judge), J&K at Jammu in case RC-08/2019/NIA/JMU dated 02.11.2019, vide which, respondent has been discharged for offences under Section 120-B read with Section 392 of Ranbir Penal Code, 1989 (RPC, for brevity) read with Sections 18, 39 & 40 of the Unlawful Activities (Prevention) Act, 1987.
As per case, on 08.03.2019 at about 2030 hours, Police Station, Kishtwar received a source information that some unknown armed terrorists barged into the rented room of HC Daleep Singh, who happened to be Incharge of escort party of Deputy Commissioner, Kishtwar situated at Asrarabad, Kishtwar at 1930 hours and snatched his service weapon along with three magazines and 90 live cartridges and fled away. According to the investigating agency, the terrorists had committed this act in furtherance of criminal intention to revive militancy and create terror among the people of the area thereby threatening the unity, integrity and sovereignty of India. Accordingly, an FIR No. 31 of 2019 dated 08.03.2019 came to be registered by Police Station, Kishtwar for offences under Section 392 RPC, 7/25/30 of Arms Act and Sections 16/18/20/23 of UA(P) Act and investigation came into vogue. Subsequently, in compliance to order No. 11011/55/2019/NIA dated 01.11.2019 issued by the Ministry of Home Affairs, case was assigned to NIA under the provisions of Section 6 of the NIA Act. In compliance to the afore-said order, NIA re-registered the case as RC08/2019/NIA/JMU on 02.11.2019 for same sections and commenced the investigation. On conclusion of the investigation, NIA filed a final report against six (06) accused persons including Osama Bin Javed @ Osama @ Usma, Haroon Abbas Wani, Zahid Hussain, Tanveer Ahmed Malik, Taraq Hussain Giri and Jaffar Hussain (respondent-herein) and some other accused persons in the trial court on 22.05.2021 for the alleged commission of offence punishable under Sections 120-B & 392 RPC, 16/18/19/20/23/38/39 & 40 of UA(P) Act and 07/25/30 of Arms Act and further investigation of the case was kept open.
DB after hearing ASGI Vishal Sharma for the NIA whereas where as Adv Intikhab H Shah for accused observed that the admitted position of fact on the record is that respondent was an acquaintance of accused Osama Bin Javed and it is also an admitted fact that Maruti Alto Car of the respondent has been used in the commission of the offence. DB observed that trial Court, by reading in between the lines, has erred in assuming that respondent had disclosed incorrect registration number of his vehicle to the police authorities out of fear only. “The observation of learned trial court that respondent must have disclosed wrong registration number of his vehicle for the reason that he might be suspected to be an ally of the categorized terrorists, is totally misconceived, as learned trial court has no where discussed as to what prevented the respondent from furnishing accurate information about the incident to his superior officers immediately preceding the incident,” the Court observed and set-aside the order of trial Court and directed trial court to frame charge against the respondent and proceed with the trial in accordance with law.
