Acquittal in BJP Leader Murder Case: Why the accused were released

A Jammu and Kashmir court acquitted three individuals accused of aiding terrorists in the 2020 murder of a BJP leader and his family, citing a lack of conclusive evidence linking them to the crime.

Key Points

A court in Bandipora, Jammu and Kashmir, acquitted three individuals accused of harbouring terrorists linked to the 2020 murder of a BJP leader and his family.
The court cited the prosecution's failure to establish a direct link between the accused and the terrorist attack or its perpetrators.
The judge highlighted the lack of direct, circumstantial, forensic, or technical evidence connecting the accused to the crime.
The acquittal was granted under Section 39 of the Unlawful Activities (Prevention) Act (UAPA) due to reasonable doubt.
Proceedings against two other absconding accused in the case will continue as per the law.

A court in Jammu and Kashmir's Bandipora district has acquitted three persons accused of harbouring terrorists who killed a BJP leader and his two family members five years ago.

District and sessions judge Mir Wajah, who is also the special judge designated under the National Investigation Agency (NIA), acquitted the three accused after holding that the prosecution failed to prove its case.

"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.

BJP leader Sheikh Waseem Bari, his father Bashir Ahmad Sheikh, and brother Umar Saeed Sultan Bari were shot dead by terrorists in July 2020 inside their shop in Bandipora district.

Court's Reasoning for Acquittal

The judge observed that on the totality of the evidence placed before his court, and after a comprehensive and dispassionate appreciation of the testimony of all 17 prosecution witnesses, the prosecution has failed to establish beyond reasonable doubt that the accused committed the offence under Section 39 of the UAPA.

"The prosecution specifically failed to establish any direct, circumstantial, forensic or technical nexus between any of the three accused and the terrorist attack of 08.07.2020 or the perpetrators thereof," the order said.

In respect of the two other accused persons, the court said the proceedings against absconding accused Abid Rashid Dar and Azad Ahmad Shah shall continue in accordance with law.

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