Karnataka HC acquits 3 accused in terror case, points out issues in sanction, evidence

Regarding the evidence of a terror conspiracy, the court stated: “The trial court has failed to notice that the evidence provided… especially in regard to confessions made by Accused 1, 2, and 3 cannot be proved against them. Having obtained confession statements… there should have been an effort to collect independent evidence, meaning that besides the confessions, there must be other independent proof indicating the charges for conspiracy under Section 120B of the IPC and Section 18 of the UAPA. Despite certain recoveries from Accused No. 1, these two offences are not established.”

Referring to statements made by the Principal Secretary of the Government of Karnataka’s Home Department, the bench observed: “His evidence makes two aspects abundantly clear: either the materials collected during the investigation were not referred to the review committee, or if referred, the report was not placed before the sanctioning authority. Thus, the sanction order loses its sanctity and is vitiated. The trial court missed this aspect. Therefore, the conviction of all the accused under Sections 13, 17, 18, and 18B of the UAPA cannot be sustained.”

The court acquitted Abdul Rehman of terror-related offences while maintaining his conviction under the Arms Act and Explosive Substances Act. The other two accused were acquitted of all charges, with a direction to deport the Pakistani national if he was not required in any other case.