NIA court acquits 3 OGWs

The Special Judge designated under NIA Act Srinagar acquitted three Al Badr banned outfit Over Ground Workers (OGWs) from Unlawful Activities (UAPA) and directed their release from prison on account of failure of prosecution to prove them guilty.
The NIA court presided by Manjeet Rai has acquitted the three OGWs Wajid Ahmad Bhat, Masarat Bilal and Rameez Ahmad Dar, all residents of district Kulgam from the charges under Sections 13, 23 and 39 of UAP Act. Brief facts of the prosecution case are that on October 10, 2022 the trio were apprehended by the police while they were proceeding towards the security line from Rekh Chowk in a suspicious condition. During initial questioning they disclosed their names Wajid Ahmad Bhat, Masrat Bilal Bhuru and Rameez Ahmad Dar and upon their personal search one live grenade was recovered from Wajid Ahmad Bhat, also one live grenade was recovered from Masrat Bilal Bhuru along with 1 AK-47 magazine, 30 live rounds of AK-47 and an amount of Rs 47,500 were recovered from Rameez Ahmad Dar.
The recovered material was seized on the spot in presence of the witnesses, Seizure memo in this regard was prepared and made part of case records. All the three persons were roaming in the area with the intention to create threat among common people and to make security forces their target by carrying out terrorist activities etc. On receipt of this docket, case FIR NO.154/2022 US 3/5 Exp. Subs Act, 7/25 IA ACT, 13 ULA(P) Act, stands registered in Police Station Batamaloo and investigation was set into motion.
During the course of further investigation and questioning, the accused disclosed that they are working with banned militant organization “Al-Badr” and have received the arms and ammunition from the masked OGW of the outfit at Kulgam and were going to hand over the said arms/ammunition to another person at Qamarwari Srinagar.
The court said that there are serious defects in the proof of recovery of ammunition, chain of custody and identification of case property and accused. The court as such has held that the prosecution has failed to establish beyond reasonable doubt that the accused were in conscious and unauthorized possession of the alleged grenades, magazine and bullet rounds on the occurrence day at Command Post Batamaloo, and the charge under section 7/25 Arms Act is not proved.
“In absence of reliable proof of possession and in total absence of independent material connecting the accused with any unlawful or terrorist activity or with Al Badr, the charges under Sections 13, 23 and 39 UAPA also remain unproved beyond reasonable doubt”, read the judgment of acquittal.
Accordingly, the court acquitted all three accused of all charges levelled against them and directed their release forthwith, if not required in any other case. “The seized cash shall be dealt with in accordance with law after expiry of appeal period, the alleged arms/ammunition shall be confiscated to the State and disposed of as per rules after the decision attains finality”, the court further directed.
On the basis of standard proof and benefit of doubt, the court said that in a criminal trial the prosecution must prove its case beyond reasonable doubt and that suspicion, however strong, cannot take the place of proof. “UAPA charges and alleged terrorist intent. The UAPA offences require proof not merely of possession of arms but of specific intention and nexus with unlawful or terrorist activity or support to terrorist organization”, the court recorded.
With regard to bank account scrutiny of the accused, the court said, it revealed no suspicious transactions, no literature, posters, flags or other material associated with Al Badr was recovered from their homes or possession and there is no evidence that the accused were members of any proscribed group or ever participated in any prior unlawful activities.

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Courtesy: Daily Excelsior -01-Jan-2026