The Supreme Court of India has upheld the acquittal of individuals accused of involvement in the 1990 abduction and murder of Kashmir University Vice-Chancellor Mushir-ul-Haq and his personal secretary, Abdul Gani.
The alleged members of the banned Jammu and Kashmir Students Liberation Front (JKSLF) were initially charged under the now-repealed Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA).
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan dismissed the appeals filed by the Central Bureau of Investigation (CBI) against the acquittal of the seven accused.
The court criticised the manner in which the case was handled, stating that procedural safeguards were disregarded, resulting in justice remaining elusive for both the victims and the accused.
The apex court observed that while the legislature had entrusted higher police officials of the rank of Superintendent of Police (SP) and above with the authority to record confessional statements, these powers came with strict procedural safeguards.
However, the court expressed concern that these safeguards were neglected in this case.
"But we are afraid, in so far the present case is concerned, the procedural safeguards were given a complete go-bye. The Special Court has stopped short of observing that it was a case of abuse of power and authority," the bench stated.
The court further noted that the recording of confessional statements within a heavily guarded BSF camp, an environment likely to be intimidating and overwhelming for the accused, could not be considered to have occurred in a free and fair atmosphere.
Reflecting on the limitations and potential misuse of TADA, the bench remarked, "It is not for nothing that such draconian provisions have since been repealed. We say this and no more."
The CBI had claimed that the investigation revealed Hilal Beg as the self-styled Chief Commander of the banned JKSLF, which was allegedly responsible for the kidnapping.
Haq and his secretary were abducted on 6th April 1990, with the aim of securing the release of the group's associates. However, when the demands were not met, the hostages were reportedly killed on 10th April 1990.
The Supreme Court concluded that there was no error in the Special Court's decision to acquit the accused, emphasising that this was not a matter of differing interpretations but rather a clear case of mishandling the legal process.
The criminal appeal by the CBI was thus dismissed, bringing a definitive end to the long-standing case.
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