In UP, a history of collapsing cases against ‘terror operatives’

Special Judge Syed Aftab Hussain Rizvi also observed that circumstances shown during the recovery of explosives and arms from the arrested persons were also suspicious.

The acquitted persons include Jalaluddin alias Babu Bhai, Sheikh Mukhtar Hussain, Mohammad Ali Akbar Hussain, Aziz-ur-Rehman and Noor Islam, all of West Bengal, and Naushad of UP’s Bijnor district. The STF had claimed to have arrested Naushad and Jalaluddin from Lucknow on June 23, 2007 while others were arrested from West Bengal later same month.

The STF had claimed to have recovered an AK-47 rifle, one semi-automatic pistol, two magazines containing cartridges, 10 detonators, 25 hand grenades, 4.5 kg high capacity explosives, nine explosive rods and an alarm clock from the possession of the arrested accused.

The court had also raised doubt over prosecution theory, which claimed that Naushad had fired four rounds and police, in reply, fired six rounds, but no one got injured. The police claimed Naushad was arrested when his pistol jammed. The pistol was found without any jamming problem when produced before the court.

The court questioned why police did not investigate into the recovery of railway tickets and a PCO bill, which they claimed to have found from Babu Bhai and Naushad. It also raised doubt on recovery of hand grenade and explosives from Lucknow, which the police claimed were dumped by Mohammad Ali, Aziz-ur-Rehman and Sheikh Mukhtar. The date (June 23) mentioned in the case document was challenged by the defense on grounds that Aziz-ur-Rehman was in custody of Kolkata police that day.

When contacted, IG, STF, Sujeet Pandey said, they would explore the possibility of moving the High Court after getting the judgment examined legally.

Ironically, 11 other alleged terror accused who were arrested by UP STF have also been acquitted by different courts of UP in less than two years. They all remained in jail for long time on charges of anti-national activities before being acquitted for lack of evidence and, in some cases, benefit of doubt.

The Akhilesh Yadav government had even proceeded to withdraw cases against these accused, but the move was stayed by Allahabad High Court.

Same old story: Lack of evidence, benefit of doubt 

* CASE: Bijnor resident Yakoob along with two others, Naushad and Jalaluddin — they were also among the six acquitted on October 29 — were acquitted from Lucknow court on benefit of doubt on August 6 this year. The STF had claimed Yakoob was a HuJI operative who used to supply RDX to other terror operatives and was planning to carry out subversive activities in Lucknow. The police then claimed to have recovered four kg RDX , timer, battery and detonators from Yakoob.

PRESENT STATUS: Yakoob, a father of four, now looks after his farmland.

* CASE: A local court in Moradabad on January 19 last year acquitted alleged ISI spies Javed, Guddu and Taj Mohammad, all of UP’s Rampur district, for lack of evidence. They were booked under POTA and remained in jail for over 11 years. Their co-accused Mumtaz Mian, also of Rampur, whose trial was separated from them after POTA was revoked against him, was acquitted five months ago.

PRESENT STATUS: Taj Mohammad now earns a living by doing embroidery work. Javed runs a television repairing shop. Maqsood earns a living by giving tuition, while Mumtaz Mian has no job.

* CASE: Bijnor resident Nasir Hussain, who remained in jail for seven years after being booked as an alleged HuJI operative, was accquitted by Lucknow court on March 20 last year. The STF had accused him of supplying explosives and had claimed to have arrested him with 2.35 kg RDX and detonators from Lucknow. Swami Shivanand, head of an ashram in Uttarakhand’s Tehri Garhwal, had came down to Lucknow and recorded his statement stating that Nasir was involved in construction of a building in his ashram and police kidnapped him from there two days before showing his arrest in 2007.

PRESENT STATUS: After being released, Nasir got married and has opened a general store in his house.

* CASE: Lucknow native Kaleem Akhtar and two others —- Syed Abdul Mubeen and Gulzar Ahmed Vani — were acquitted by Lucknow court on April 10 last year in a case of explosion that had taken place in the state capital on August 15, 2000. There was no loss of life in the blast. Court acquitted the trio by giving them benefit of doubt. Syed Abdul belongs to UP’s Sidharth Nagar while Gulzar is a native of Baramullah in Jammu & Kashmir.

PRESENT STATUS: After being released, Kaleem is now in construction business while Syed Abdul gives tuitions in Siddharth Nagar. Gulzar is still lodged in jail in two other cases registered in 2000 — Sabarmati Express Train blast and Agra blast.