Fidayeen attack at Raghunath Temple:;HC upholds acquittal of six accused, directs proceedings against IO

STATE TIMES NEWS
JAMMU: Justice Mohammad Yaqoob Mir of J&K High Court Jammu Wing in a criminal revision filed by the State against the order of Trial Court whereby Trial Court discharged six accused on 30th October, 2006, upheld the aforesaid judgment with the direction that copy of the order be sent to Trial Court so as to proceed in the matter vis-à-vis Virinder Sharma and the Investigating Officer (IO) in accordance with the aforesaid order.
According to the case, during Fidayeen attack at Raghunath Temple on 30th March 2002, two Fidayeens met their fate i.e. they died. The case regarding the occurrence was registered vide FIR No.134/2002, at Police Station Bahu Fort which on completion of investigation resulted in filing of the Challan against the respondents (accused) for commission of offences punishable under Section 3 of Enemy Agents Ordnance Act, 2/3 of Prevention and Suppression of Sabotage Act, Sections 302/307 and 120-B RPC. The case was committed to the Court of Sessions Judge Jammu. The respondents (accused) opposed the framing of charge on the ground that prima facie no evidence at all is available; therefore there is no question of putting the respondents to trial.
Justice Mir after hearing senior AAG SS Nanda appearing for the State whereas Advocates Rupak Ratta and K.K Pathan appearing for the respondents, observed the Trial Court has to evaluate the material collected during investigation for the purposes of ascertaining as to whether prima facie case against the accused exist so as to put the accused on trial. High Court further observed that from the order impugned it appears that the Trial Court has been totally alive to the legal position and has thereafter passed a well reasoned order. It is also noticed in the order that 84 witnesses have been shown as listed witnesses, out of whom Private Witnesses 1 to 67 have only and only implicated two unidentified militants who were killed in an encounter with the security forces. An attempt has been made to show that the respondents are involved by referring to a letter issued by Inspector, Toll Post Manda, Akhnoor wherein it has been shown that a Truck No.4167-JKS has passed through the Toll Post but in the letter it is specifically stated that the Truck was empty and nowhere it is said that any person was carrying any arms or ammunition in the Truck at the time of its checking.
High Court further observed that Trial Court after discussing all aspects made it clear that the material against the two militants existed but since they were killed, so it has to be ignored. But there was sufficient material showing involvement of one Virinder Sharma son of Vishal Sharma who has not been arrayed as accused. Noticing that with seriousness, Trial Court has directed notice to be served upon the IO to show cause as to why he had not arrayed Virinder Sharma as one of the accused in the case.
Justice Yaqoob Mir further observed that though revision may fail on technical ground but it also failed on merits, accordingly is dismissed.