The Jammu & Kashmir and Ladakh High Court has flagged an extraordinary and striking aspect in a 2019 terror case, pointing out that the FIR was registered 75 minutes before the alleged recovery of weapons that form the basis of the prosecution’s case. Hearing the bail plea of accused Sabeel Ahmad Baba, Justice Rahul Bharti noted that FIR No. 61/2019 was registered at Police Station Lakhanpur at 8:30 am on September 12, 2019.
The alleged recovery of arms took place at 9:45 am when a truck was intercepted by police.
Justice Rahul Bharti described it as “one very striking aspect of the case, from which this Court is not able to distance itself from taking serious cognisance", referring to the chronology reflected in the prosecution record.
According to the prosecution, the truck (JK-13E/2000), allegedly driven by Sabeel Ahmad Baba, was intercepted by the police at Lakhanpur. During the search, police claimed to have recovered four AK-56 rifles, two AK-47 rifles, and six magazines loaded with 30 live rounds each.
The police later arrested two persons travelling in the truck — Ubaid-ul-Islam and Jahangir Ahmad Parray. Following further investigation, Bashir Ahmad Lone, Suhail Ahmad Dar, and Ashiq Ahmad Nengroo, alias Ashiq Molvi, were also named as accused.
The chargesheet filed in March 2020 accused six persons of offences under Sections 120-B and 201 of the Ranbir Penal Code, along with provisions of the Unlawful Activities (Prevention) Act and the Arms Act.
The High Court also noted that the original FIR was not part of the final police report placed before the trial court.
Referring to a report received from the trial court, Justice Rahul Bharti recorded that while the original FIR had been submitted before the Chief Judicial Magistrate, Kathua, and later sought by the designated NIA court in Jammu, it was never received. Instead, a copy was procured from the prosecution and annexed to the record.
Justice Bharti directed that Officer Dy SP Kamal Dev Bhagat, who investigated the case, must appear in person on the next date of hearing if he is still in service.
Baba and two co-accused were arrested on September 12, 2019, and continue to remain in custody as undertrials while seeking bail.
Follow us
