J&K court releases two youths after 6 years, says ‘suspicion, however grave, cannot replace proof’

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A Jammu and Kashmir court released two youths from north Kashmir who were booked under provisions of the Unlawful Activities Prevention Act (UAPA) and the Arms Act after six years, ruling that “suspicion, however grave, cannot take the place of proof”.

“The prosecution must travel the entire distance from suspicion to legal proof. In the present case, this distance was not exceeded. The court considers that the prosecution has not proved the essential elements of the defendants’ crimes beyond a reasonable doubt.

The benefit of such doubt must necessarily go to the accused,” said Feroz Ahmad Khan, Special Judge appointed under the UAPA in Sopore, Baramulla.

The court ordered the “immediate release” of accused Huzaif Firdous Bhat, a resident of Choora Sopore and Ajaz Ahmad Khan, a resident of Najibhat Kreeri. Both the charges were booked under Sections 7/25 of the Indian Arms Act and Section 39 and Section 23 of the UAPA as of 2020.

“After the expiry of the appeal period, the secured property will be dealt with according to the law,” the court said.

The police claimed that the duo was in a vehicle that was carrying two grenades and 100 AK-47 live rounds wrapped in polythene under the driver’s seat. It stated that two xerox copies of the LeT-inscribed letter pad were also recovered. “The recovered ammunition from the possession of the above persons was obtained illegally and was being transported from Singhpora to Baramulla town for carrying out terrorist activities,” the police said.

However, the court noted that the prosecution “must prove its case beyond a reasonable doubt, the evidence on record in this case does not meet that standard.”

The court noted that the basis for offenses under Sections 18 and 23 of the UAPA and Section 7/25 of the Arms Act “is substantially weakened”.

“Similarly, a claim under Section 39 of the UAPA requires reliable evidence showing willful support or assistance to a terrorist organization. A mere allegation of association, unsupported by reliable independent evidence of willful assistance, cannot by itself meet the standard of proof required for a conviction,” the court added.

“The benefit of doubt must therefore go (to) the accused. The prosecution has not proved its case against both the accused beyond reasonable doubt,” the court said.

Kashmir’s chief cleric Mirwaiz Umar Farooq said the case highlights the severe human cost of long-term detention when the evidence is ultimately found to be insufficient to convict.

“Deeply saddened that two young men from Baramulla had to spend six precious years in jail under strict anti-terrorism laws before being acquitted because the evidence against them was found to be unreliable. This case once again highlights the indiscriminate arrest and prolonged detention of a Kashmiri youth. Will their wasted years be held accountable? The authorities should review this approach and extend the sentence for thousands of young people, to look at X again.

Published – November 10, 2026 12:23 PM IST