The public prosecutor had argued that Ahmed provided information about security forces to the militants of Hizbul Mujahideen and helped a militant, Mohammad Amin alias Jahangir Saroori, with funds
JAMMU — A special judge of the UAPA court on terrorism-related cases granted bail to a pharmacist, a resident of Jammu and Kashmir’s Marwah, held under the Unlawful Activities (Prevention) Act (UAPA) for eight months, after the police failed to prove charges of helping militants against him.
The third sessions judge, Sunit Gupta, said that there was no evidence against Zahoor Ahmed to prove his involvement in terror-related activities as he was “delivering his professional duties” even if he was delivering medicines to a militant, Indian Express reported.
Ahmed was arrested from Kishtiwar district of Jammu region on January 6. The judge said all that the police had seized from him was some medicines which did not prove his involvement “in any of the offences under the UAPA”.
The judge dismissed the charges as “a successful attempt to falsely implicate” Ahmed. The court order said he should be released “forthwith” from the Jammu Central Jail on interim bail after he submitted a surety bond of Rs 25,000, and if he was not named in any other case.
Ahmed works as a pharmacist in the government’s health department. He was posted in Marwah Tehsil. His lawyer Shokat Farooq Butt told Indian express that he was kept in jail even though no incriminating material was required from him.
The public prosecutor had argued that Ahmed provided information about security forces to the militants of Hizbul Mujahideen and helped a militant, Mohammad Amin alias Jahangir Saroori, with funds. Saroor, a militat active in Chenab region, is accused of killing BJP workers and a RSS member.
“While going through the whole file, I could not find even a single witness whose statements were recorded… who have uttered even a single word against applicant Zahoor Ahmed,” Judge Gupta was quoted by Indian Express as having said.
“The offences attributed to him are with regard to unlawful activities, conspiracy, harbouring of terrorists and… support given to the terrorist organisation, but none of these offences have even been alleged by any of the prosecution witnesses whose statements were recorded by the IO (investigating officer)… or even the witnesses whose statements were recorded under Section 164, CrPC.”
The judge said that the investigating officer presented the statement of one witness in some other case under different sections of UAPA.
“(On) the strength of the said copy of the statement, the IO has made a successful attempt to falsely implicate Zahoor Ahmed. But he is not genuinely found to be involved in any such activity which may be said to be an offence under the Unlawful Activities (Prevention) Act”.
The witness had said that he saw Ahmed going towards the jungle telling him he was going to deliver medicines to a group of four militants who he had seen.
“I do not find Zahoor Ahmed can be said to have been involved, whether in aiding, harbouring or being a part of the terrorist organisation… Since accused Zahoor Ahmed happens to be a pharmacist and he was supposed to be in possession of some medicines and as such while performing his professional duty was intending to deliver some medicine even to the terrorist, he cannot be said to have been involved in any offence under the UAPA,” the judge observed while commenting on the statement of the witness brought by IO.
While granting the bail, the court, however, ruled that Ahmed could not approach the witness nor could he leave the jurisdiction of Jammu and Kashmir without prior permission.