Ten years after National Investigation Agency (NIA) officer Tanzeel Ahmed and his wife Farzana were shot dead in Sahaspur, in Bijnor district of Western UP, the Allahabad High Court has acquitted the lone convict in the case.
In a significant judgment, the HC set aside the Bijnor trial court’s order sentencing the convict, Raiyyan, to death and acquitted him in the case.
The Bijnor Additional District Judge (ADJ) court had sentenced two accused, Munir and Raiyyan, in the murder case on May 21, 2022. While Munir died in hospital due to prolonged illness during his jail term, Raiyyan had been in jail since after his arrest in 2016.
A single bench of Justice Siddharth, in its March 31 judgment, stated, “The court is of the view that the prosecution case is full of doubts and unexplained questionable conduct of the prosecution witnesses…”
The attack took place on April 3, 2016, when Ahmed (49) was returning from a family wedding along with his wife and two children. Multiple bullets were fired at them. Ahmed, who was a Deputy Superintendent of Police, had handled several cases related to the Indian Mujahideen (IM), including the arrest and probe against its India chief Yasin Bhatkal. Police had said his body bore 22 bullet injuries.
Why the HC acquitted the convict
Justice Siddharth said in the order, “… It is a case of murder of an officer of National Investigation Agency and his wife. The officer was investigating a number of high-profile cases relating to national security, including cases of terrorism. The police party camped at the place of incident for months together to work out the case. It detained a number of persons of places in and around the place of incident for a number of days, as admitted by the prosecution witnesses (specifically number 2,3 and 12), but could not find any reliable clue.”
The bench further noted that while Munir was a local criminal, Raiyyan was shown as his gang member.
Story continues below this ad
It added, “Police got them named first in the statements of witnesses number 3 and 12, recorded under duress, to work out the case… thereafter, before the trial court, Raiyyan and Munir, were named by witnesses… for the first time and they were convicted and sentenced by trial court.”
The order read, “Trial court has committed a grave error in awarding capital punishment to the appellant (Raiyyan) which can be understood by the fact that the trial court is at the lowest rung in the hierarchy of fear prevailing in our system. Therefore, this court is of the view that the judgment and order passed by the trial court deserves to be set aside and is set aside as such,” the bench stated in the judgment.
It further stated, “Accordingly, the appellant is acquitted of all charges levelled against him. The appellant has been in jail since April 7, 2016. He is directed to be released from jail forthwith, if not arrested in any other case. Let the copy of this judgment be sent to the trial court for compliance within a week.”
The bench also stated, “The matter was heard at length by a coordinate Division Bench (Hon’ble Justice Rajeev Gupta & Hon’ble Justice Harvir Singh) of this court but on account of difference in opinion between the Hon’ble Judges and dissenting judgments passed by them, the matter has been nominated to this Bench of third Judge by Hon’ble The Chief Justice.”
Story continues below this ad
The case
According to the prosecution, on the intervening night of April 2 and 3, 2016, Tanzeel along with wife, daughter Zimnish and son Shahbaz, were returning in his car after attending his niece’s wedding. His brother, Raghib, was following behind in another car along with his wife, daughter and son, it was claimed in the FIR.
When they reached the Talkatora culvert, two persons riding a motorcycle waylaid them and fired indiscriminately, leaving Tanzeel and Farzana critically injured. The two children in the car escaped unhurt.
While Tanzeel was declared dead at a hospital, Farzana died during treatment at AIIMS, Delhi, on April 13 that year.
After investigation, police filed a chargesheet against four men — Raiyyan, Jaini, Tanjim and Rizwan — on charges of murder and conspiracy. Another chargesheet was filed against Munir in August that year.
Story continues below this ad
The trial court framed charges in October 2019 against Raiyyan, Rizwan, Tanjim, Jaini and Munir on charges of murder and conspiracy among others.
The trial court convicted Raiyyan and Munir and awarded them death sentence, their co-accused Tanzim, Rizwan and Jaini were acquitted for lack of evidence.
