SC upholds acquittal of JKSLF members in 1990 kidnapping, murder case

The Supreme Court has upheld the acquittal of alleged members of the banned Jammu and Kashmir Students Liberation Front (JKSLF) in the sensational 1990 kidnapping and murder case of the then Kashmir University Vice Chancellor, Mushir-ul-Haq, and his personal secretary.

A bench of Justices Abhay S Oka and Ujjal Bhuyan dismissed the appeals filed by the CBI challenging the acquittal of seven persons in the case registered under the now-repealed Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA).

The court criticised the handling of the case, saying procedural safeguards were given a "complete go-bye" and truth and justice remained elusive, both for the accused and the victims.

 

The top court said the legislature had reposed great faith in the fairness and uprightness of the higher police officials in the rank of SP and above while conferring the drastic power of recording confessional statements of the accused upon them making the same admissible in evidence subject to the fulfilment of the procedural safeguards.

"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.

"It is indeed a sad reflection as to how investigation and trial unfolded in this case where truth and justice, both for the victims and the accused, remained elusive.

"It is not for nothing that such draconian provisions have since been repealed. We say this and no more," the bench said.

The apex court said it does not find any error or infirmity in the view taken by the Special Court in acquitting the accused.

"This is not even a case of plausible view. No other view is possible. Consequently, there is no merit in the criminal appeal which is accordingly dismissed," it said.

Referring to its earlier verdict in the Kartar Singh case, the court said that confession should be recorded in a free atmosphere.

Recording of confessional statements in a heavily guarded BSF camp where the atmosphere for an accused would generally be daunting and overbearing cannot be said to be in a free atmosphere, it said.

According to CBI, the investigation revealed that Hilal Beg was the self-styled Chief Commander of a banned militant organisation Jammu and Kashmir Students Liberation Front (JKSLF).

It said that Beg along with other members of JKSLF, including accused Javed Shala, Tahir Ahmed Mir, Mushtaq Ahmed Sheikh, Mushtaq Ahmed Khan, Mohd Hussain Khan and Mohd Salim Zargar, entered into a conspiracy to kidnap Mushir-ul-Haq, the Vice-Chancellor of Kashmir University, and others to strike terror in the minds of the public and compel the government to release their associates -- Nissar Ahmed Jogi, Gulam Nabi Bhat and Fayyaz Ahmed Wani.

Haq and his personal secretary Abdul Gani were kidnapped by militants on April 6, 1990, to demand the release of their associates.

As the demands were not met, the two hostages were killed on April 10, 1990, it was alleged.