Supreme Court Upholds Acquittal In 1990 Kashmir Kidnapping & Murder Case

In a significant ruling, the Supreme Court of India has upheld the acquittal of alleged members of the banned Jammu Kashmir Students Liberation Front (JKSLF) in connection with the 1990 kidnapping and murder of Mufti-ul-Haq, the then Vice-Chancellor of Kashmir University, and his private secretary, Abdul Gani.

The court dismissed the appeal filed by the Central Bureau of Investigation (CBI), which challenged the acquittal of seven individuals by a special court.

Case Background

On April 6, 1990, terrorists abducted the Vice-Chancellor and his private secretary, aiming to exert pressure on the Indian government to release imprisoned militants.

The main motive behind the abduction was to force the release of key figures of the JKSLF, including Nisar Ahmad Jogi, Fayaz Ahmad Wani, and Ghulam Nabi Bhatt.

When the government’s refusal to negotiate failed to secure the release of these militants, the abductors killed Mufti-ul-Haq and Abdul Gani.

The authorities charged the accused, including Hilal Beg, the self-styled commander of the JKSLF, along with Mushtaq Ahmad Sheikh, Mushtaq Ahmad Khan, Mohammad Hussain Khan, Javed Shala, Saleem Jargar, and Tariq Ahmad Mir, with orchestrating the kidnapping and subsequent murder.

Court’s Ruling

The Supreme Court bench, comprising Justices Abhay S Oka and Ujjal Bhuiyan, found that the evidence presented by the CBI was insufficient to substantiate the charges against the accused.

The bench pointed out that authorities did not adhere to the procedural safeguards under the Terrorist and Disruptive Activities (Prevention) Act (TADA), which led to violations that compromised the fairness of the trial.

A key factor in the court’s decision was the coercive nature of the confessions obtained during interrogations.

The court emphasized that authorities obtained the confessions in a BSF camp, where the accused were likely under duress, making the evidence inadmissible.

The court also noted that the special court’s decision was valid, as there was no substantial proof that could support the accusations.

Impact Of The Case

The verdict has raised significant concerns regarding the application of stringent anti-terror laws like TADA.

The court’s remarks on the abuse of power by law enforcement agencies underscore the need for a more robust and fair process to handle sensitive national security cases.

This judgment has broader implications for future cases involving terror-related charges and highlights the delicate balance between ensuring justice and protecting individuals’ rights under the law.

The Supreme Court’s ruling reinforces the importance of upholding legal procedures and ensuring that the rights of the accused are safeguarded.

While the decision provides relief to the accused, it also serves as a reminder of the importance of strong, unassailable evidence in terror cases to secure convictions.

The acquittal in this high-profile case may influence future legal approaches in dealing with terrorism-related offenses in India.

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