UP man accused in Pakistan spy case acquitted after 22 years

“It is the prosecution’s duty to produce positive and conclusive evidence to establish that the accused was present at the alleged date, time and place and committed the alleged offence. Once the prosecution discharges this burden through its evidence, the burden would then shift to the defence to establish the accused’s innocence,” the order said.

Defence counsel Raj Kumar Singh said the prosecution’s evidence failed to establish that the accused had deliberately impersonated another person and committed cheating; had entered into a conspiracy with the co-accused to commit the alleged offences; had obtained passports in violation of the Passport Act; had assisted the co-accused in obtaining forged passports in violation of the Foreigners Act; or had provided foreign nationals with maps and photographs that could threaten India’s sovereignty and integrity.

He said a CD allegedly recovered from Jameel’s possession, which was said to contain a video on training in the use of the INSAS rifle, was not produced before the court in proper working condition. No examination report concerning the CD was available on the case file, he added.

When the CD was produced before the court during the trial, it was found to be broken into several pieces.

The case

According to the prosecution, police received information from an informer that a person working for a Pakistani intelligence agency would hand over maps, negatives, and other material relating to Indian Army cantonment areas to another Pakistani agent near a hotel in the Sadar Bazar area of Agra. In return, he would allegedly receive cash sent through hawala.

Police reached the spot and arrested Sher Ali alias Salim Keshwani alias Akbar Ali and Sameer alias Mohiuddin Sheikh, both Pakistani nationals staying in India on false identities. They were allegedly caught while exchanging documents and money.

Based on their information, police also recovered two maps — one of Babina Cantonment and the other of Jhansi Cantonment. One of the accused claimed both maps had been prepared in his own handwriting. A letter and 15 photographs relating to the Cantonment Board were also recovered.

During the investigation, Jameel’s name came to light and police arrested him on January 12, 2004, on the basis of information provided by the co-accused.