Delhi court acquits 2 alleged ISIS-JK operatives, flags gaps in special cell's probe

New Delhi: Flagging gaps in the probe, a Delhi court has acquitted two men accused of pledging allegiance to banned terrorist organisation ISIS, besides procuring arms and ammunition from Uttar Pradesh for the Islamic State Jammu & Kashmir (ISIS-JK) cadres for executing terrorist acts.

Underlining that the prosecution had failed to prove its case beyond a reasonable doubt, Additional Sessions Judge Amit Bansal acquitted Jamsheed Zahoor Paul and Parvaiz Rashid Lone, residents of Shopian in Kashmir, who were arrested in 2018.

The special cell of Delhi Police had registered a case against them under sections 18 (punishment for conspiracy) and 20 (punishment for being members of terrorist gang or organisation) of the stringent Unlawful Activities (Prevention) Act (UAPA) and under the Arms Act provisions.

Police claimed that they received a tip-off that Paul and Lone had pledged allegiance to ISIS and were in Delhi to procure weapons for terrorist activities on September 6, 2018.

The Special Cell alleged that the duo were apprehended at the Jama Masjid bus stop on Netaji Subhash Marg, near the Red Fort, with two 7.65mm pistols and ten live cartridges.

In an 79-page order passed on Thursday, the court said, "It is held that the prosecution has failed to prove its case beyond reasonable doubt against both the accused persons. Both the accused persons are thus acquitted in this case."

Highlighting the failure to follow rules regarding the handling of digital evidence, the court said four mobile phones seized from the accused were kept unsealed in the custody of the investigating officer (IO) for nearly two months before being sent for forensic analysis.

"It raises a strong doubt of tampering with the said mobile phones as without any plausible or satisfactory explanation the prolonged custody of the said devices remained with the IOs and that too in an unsealed condition," the court said.

The court also rejected screenshots of alleged chats with their terror handlers, saying it failed to meet the mandatory requirement regarding the admissibility of electronic evidence.

While the prosecution claimed the duo was in touch with ISIS-JK handlers via the BBM (BlackBerry Messenger) app, the court found no evidence to establish such a nexus.

"The prosecution has also failed to prove that the accused persons used to communicate with their handlers, namely, Umarbin Nazir and Adil Thokar on BBM App," the court said.

Another major lacuna, the court flagged, was the lack of independent witnesses. Despite the arrest taking place at 10:45 PM in a busy area near a metro station and bus stand, no public witnesses were made part of the investigation.

"The failure to join independent witnesses, especially when the public witnesses were available raises a strong doubt on the prosecution version regarding the recovery of the said arms and ammunition from the accused persons," the court said.

Concluding the verdict, Judge Bansal said said that the prosecution failed to prove that on September 9, 2018, both accused persons were members of ISIS and had conspired with two other co-accused, Asif Nazir Dar alias Ummar Ibn Nazir, who later died, and Adil Vani alias Adil Thokar, who is still absconding, to commit terrorist act or any activity linked to the commission of a terrorist act at different places within the country.

He said it was also not proved that the duo, in pursuance of the said conspiracy, purchased or collected weapons for committing terrorist acts and also had chats with their handlers and co-accused through BBM and WhatsApp.

"The prosecution has also failed to prove that during the said period prior to September 6, 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," the judge said.