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Delhi Court acquits two accused under UAPA, says prosecution failed to prove association with ISIS
Additional Sessions Judge (ASJ) Amit Bansal acquitted Jamsheed Zahoor Paul and Parvaiz Rashid Lone of the offences of terrorist act and association of ISIS under Section 18 and 20 of the Unlawful Activities (Prevention) Act (UAPA) and Arms Act.
Patiala House Court has acquitted two persons accused of a terrorist act and allegedly being members of ISIS, giving them the benefit of doubt after the prosecution failed to prove association with the terrorist organisation. The case pertains to an FIR lodged under UAPA by the Special Cell of the Delhi police in September 2018.
While acquitting accsued persons, the court said on Thursday that the Prosecution has failed to prove the allegations of terrorist act and association with ISIS, which is a banned organisation.
Additional Sessions Judge (ASJ) Amit Bansal acquitted Jamsheed Zahoor Paul and Parvaiz Rashid Lone of the offences of terrorist act and association of ISIS under Section 18 and 20 of the Unlawful Activities (Prevention) Act (UAPA) and Arms Act.
The court held that the prosecution had failed to prove its case beyond a reasonable doubt against both accused persons.
" Both the accused persons, namely, Jamsheed Zahoor Paul and Parvaiz Rashid Lone, are thus acquitted in this case under Section 18, 20 of The Unlawful Activities (Prevention) Act, and also under Section 25(1B)(a) of the Arms Act, 1959," ASJ Amit Bansal ordered on March 19.
The court observed, "prosecution has also failed to prove that prior to 06.09.2018, both the accused persons were found to be members of ISIS, which is a banned terrorist organisation and is involved in committing terrorist acts. Both the accused persons are thus liable to be acquitted and are thus acquitted under Sections 18, 20 of UAPA."
One accused, namely Asif Nazid Dar, has expired, and another accused, Adil Walias Adil Tokar, is still absconding, according to officials. According to police officials, a case was registered following an input received through reliable sources in the office at Special Cell that some radicalised youth of Jammu and Kashmir had allegedly pledged allegiance with the banned terrorist organisation ISIS/SI/DAESH and were involved in terrorist activities, and for the purpose of terrorist activities, they were alleged to be procuring sophisticated weapons through their contacts in U.P.
On September 6, 2019 Police had recieved specific information from a source that two persons, namely Parvaiz Rashid Lone and Jamsheed Zahoor Paul, both residents of Jammu and Kashmir, had pledged allegiance to the banned terrorist organisation ISIS/SI/DAESH and had already procured arms and ammunition from U.P for their cadres of ISIS-JK for executing some terrorist acts in J&K, would come at Netaji Subhash Park, near Lal Quila, to proceed to Kashmir at about 11.00 a.m. Acting on this information, police arrested both persons.
During the search of the backpack of the accused Parvaiz Rashid Lone, one pistol of 7.65 mm calibre was found wrapped in a blue colour file with a white colour doctor tape. The said pistol was found containing five cartridges of 7.65 calibre in its magazine, the police said.
Upon search of the backpack of the accused Jamsheed, one pistol of 7.65 mm calibre was found wrapped in a notebook with a white colour doctor tape. The said pistol was found containing five cartridges of 7.65 calibre in its magazine, according to a police statement.
During the investigation, it was alleged that both Accused Jamsheed and Parvaiz Rashid Lone were propagating the ideology of the terrorist outfit ISIS in India, and that they were also in touch with another ISIS militant, namely, Abdullah Basith, who had been arrested by NIA.
Based on the above evidence, on October 29, 2018, Sections 18, 20 of UAPA were added in the present case.
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Source: EconomicTimes
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