The charges largely relied on confessions from the accused, which the court deemed insufficient for conviction
Team Clarion
BENGALURU – In acquitting three Muslims, including a Pakistani national, serving life sentences in the 2012 Bengaluru terror conspiracy case, the Karnataka High Court on Wednesday found a procedural flaw in the prosecution sanction granted by the state government.
A division bench, consisting of Justice Sreenivas Harish Kumar and Justice J M Khazi, acquitted them from charges under the Unlawful Activities (Prevention) Act (UAPA) related to the conspiracy allegedly plotted inside Bengaluru central prison, a PTI report said on Thursday.
The accused – Syed Abdul Rehman from Bengaluru, Afsar Pasha alias Khushiruddin from Chintamani in Kolar district, and Mohammed Fahad Khoya from Karachi, Pakistan – were charged under various provisions of the UAPA and the Indian Penal Code (IPC).
However, while acquitting them of these charges, the court upheld Rehman’s conviction under the Arms Act, of 1959, and the Explosive Substances Act, of 1908.
Rehman was found guilty of illegal possession of a revolver and concealing explosives, leading to a revised sentence of 10 years imprisonment, the report said.
The division bench allowed the petitions filed by Pasha and Khoya challenging their 2023 conviction and life imprisonment sentence.
However, the bench only modified Rehman’s conviction under the lesser offenses of the Arms Act and Explosive Substances Act.
The court found that the sanction for prosecution was flawed. The principal secretary to the Home Department at the time, Raghavendra H Auradkar, admitted during cross-examination that he could not recall whether an independent review committee was involved when he granted the sanction.
The court noted that under Section 45(2) of the UAPA, it is mandatory to consider the review committee’s report before granting sanction, the report said.
As the trial court overlooked this procedural lapse, the high court concluded that the sanction order was invalid, thereby vitiating the charges under the UAPA.
The court also noted the absence of independent evidence to substantiate the charges of criminal conspiracy to recruit youth for Lashkar-e-Taiba (LeT) and conduct attacks in Bengaluru, allegedly planned during the accused’s imprisonment.
The charges largely relied on confessions from the accused, which the court deemed insufficient for conviction.
The bench concluded that there was no proof linking Rehman to any activities directed by the other accused during their time in prison.
Consequently, Pasha and Khoya were ordered to be released unless they were implicated in other cases, with the latter slated for deportation to Pakistan.
