The Supreme Court dismissed the appeals filed by the Central Bureau of Investigation (CBI) against the acquittal of seven persons accused in the 1990 abduction and murder of Kashmir University Vice-Chancellor Dr. Mushir-ul-Haq and his Personal Secretary Abdul Gani Zargar. The apex court upheld the acquittal, citing serious procedural lapses and lack of credible evidence under the Terrorist and Disruptive Activities (Prevention) Act (TADA).
The bench, comprising Justices Abay S. Oka and Ujjal Bhuyan, scrutinized the confessional statements recorded under TADA and found them unreliable due to procedural violations. The Court held:
"It is indeed a sad reflection as to how investigation and trial unfolded in this case, where truth and justice, both for the victims and the accused, remained elusive. It is not for nothing that such draconian provisions have since been repealed."
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The Supreme Court pointed out multiple inconsistencies:
- Confessional statements lacked the necessary procedural safeguards mandated under TADA.
- The accused were not given adequate time for reflection before their statements were recorded.
- The recording officer did not ensure voluntariness of the confessions.
- The statements were recorded in heavily guarded BSF camps and Joint Interrogation Centres (JIC), violating the guidelines set in the Kartar Singh judgment.
The Court further emphasized:
"Kartar Singh (supra) says that confession should be recorded in a free atmosphere. Recording of confessional statements in a heavily guarded BSF camp or in a JIC where the atmosphere for an accused would generally be daunting and overbearing cannot be said to be in a free atmosphere."
The prosecution faced another major blow as the murder weapon, an AK-47 rifle, was never recovered. The forensic expert testified that while the cartridges found at the scene matched an AK-47, he had never examined the actual weapon used in the crime.
Additionally, eyewitness testimonies were unreliable. The key witnesses could not identify the accused, only describing the kidnappers as "young men with moustaches."
"The failure to recover the murder weapon seriously damaged the prosecution’s case, weakening forensic evidence. Witnesses could not reliably identify the accused, making their testimony inadmissible."
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On April 6, 1990, armed militants belonging to the Jammu & Kashmir Students Liberation Front (JKSLF) kidnapped Dr. Mushir-ul-Haq and Abdul Gani Zargar from outside the university’s gate. The kidnappers demanded the release of three militants in exchange for the hostages. When the government refused, the hostages were executed on April 10, 1990.
Initially investigated by local police, the case was later transferred to the CBI. The accused were charged under multiple sections of the Ranbir Penal Code (RPC) and the TADA Act. However, the Special Court rejected the confessional statements, acquitting the accused. The CBI then appealed to the Supreme Court.
The Supreme Court upheld the Special Court’s decision, reinforcing the importance of procedural safeguards in terror-related cases. The Court noted that the investigation was marred by lapses, and there was no substantive evidence linking the accused to the crime.
The appeals against the acquittals of Mohd Salim Zargar @ Fayaz, Mushtaq Ahmed Khan @ Pappan Thantre, Shabir Bhat, Abdul Aziz Dar, GH Qadir Mir, Mohd Sadiq Rather, and Tahir Ahmed Meer were dismissed.
APPEARANCE:
Senior Advocate Sonia Mathur, Mukesh Kumar Maroria, AOR For CBI
Sr Adv Kamini Jaiswal, AOR Ms. Rani Mishra, Adv For Respondents
Case Title: State (CBI) Vs Mohd. Salim Zargar @ Fayaz & Ors
