Court orders release of two men accused of being terrorists

The two had been found guilty by a trial court in 2010 and sentenced to life imprisonment. The prosecution had alleged that the explosive material — PETN (Pentaerythritol tetranitrate) — detonators, batteries and cash had been recovered from the duo.

The “explosive material” allegedly recovered was, however, found to have been destroyed in a fire in the maalkhana of the special cell, a month after their arrest.

The High Court also found that the sample sent to forensics for testing did not match the description of the explosives in the FIR and case diaries of police.

The two accused, in their plea, had said that the evidence against them had been planted by the special cell and police had deliberately destroyed the material by setting fire to the evidence locker.

During the hearing, the court of Justice Sanjiv Khanna and Justice G P Mittal examined several special cell officers and forensics experts with regard to the alleged fire in the police station maalkhana and the discrepancy between the sample sent for examination and its description in the case diaries.

The court also noted that the prosecution had been unable to explain how the fire had occurred. It also said the accused were not informed about the inquiry into the fire, which affected the evidence against them.

“The appellants had the right to know what happened to the case property and why it was not produced in court…,” it said.

It further said that the lapse in informing the accused “hampered the ends of justice and overlooked the principles of a fair trial”.

The court also observed that the investigation into the cause of the fire did not answer basic questions.

“Why was there no explosion, how was the fire confined and controlled, why did the smell of the strong acid remained palpable despite the fire? These are some questions which remain unanswered,” the court said.

The court further observed that police had failed to show any evidence that the two were involved with the banned organisation.

“As per the prosecution’s case, there was no actual commission of any act of terrorism or physical violence. Also, there are no public witnesses to the alleged recovery of explosives,” the court said.

The court has directed police to release Rehman as he has already served over six years, and that he had completed the sentence imposed under the Foreigners Act for overstaying his visa. Wani, who is accused in a different case, is still in custody.