FIR filed 75 minutes before crime discovered? J-K High Court flags discrepancy in 2019 terror case
Court was hearing bail application of a truck driver who was arrested in 2019 for alleged possession of automatic weapons, ammunition.
Pakistan-based Jaish-e-Mohammad commander Ashiq Ahmad Nengroo alias Ashiq Molvi is one of the six accused in the case. An FIR registered 75 minutes before the actual offence – that was what caught the attention of the Jammu & Kashmir and Ladakh High Court while hearing the bail application of a truck driver who was arrested on cross-border terrorism and arms smuggling charges in 2019 and has been in jail since.
Last week, the court was hearing the bail application of Sabeel Ahmad Baba, a truck driver who was arrested in 2019 for the alleged possession of four AK56 and two AK47 rifles – as well as 180 rounds of bullets – which were purportedly seized from his vehicle at Lakhanpur. Baba was among six named in a case linked to offences under the Ranbir Penal Code (RPC), the Unlawful Activities (Prevention) Act, 1967, and the Indian Arms Act, 1959. Pakistan-based Jaish-e-Mohammad commander Ashiq Ahmad Nengroo alias Ashiq Molvi is one of the six accused in the case.
While hearing the bail application, Justice Rahul Bharti cited police records to observe that while the FIR pertaining to arrest and the seizure of arms were registered at 8.30 am on September 12, 2019, the seizures took place a full 75 minutes later following the search of the truck at 9.45 am.
“During the course of submissions of this case, one very striking aspect of the case, from which this Court is not able to distance itself from taking serious cognizance, is the fact that the registration of FIR No. 0061 of 2019 dated 12.09.2019 by the Police Station, Lakhanpur at 8:30 am had taken place first and the alleged commission of offences took place at 9:45 am, when truck No. JK-13E/2000 driven by a person who later on came to be identified as Sabeel Ahmad Baba, the petitioner herein, was intercepted by the Police of Police Station, Lakhanpur wherefrom the alleged recovery of arms in the form of 04 Nos. of AK-56 rifles, 02 Nos. of AK-47 rifles, 06 Nos. of loaded magazines with 30 rounds each came to be made at the time of said search of the truck No. JK-13E/2000,” the court said.
The court also observed that the original FIR was not part of the final police report that the court had secured from the trial court. The report from the trial court to the high court on May 21 said that a challan – the equivalent of a charge sheet — was presented at the residence of the presiding officer of the court on March 9, 2020, because of COVID-19 restrictions.
“From the record, it is forthcoming that the original FIR No. 0061/2019 of Police Station, Lakhanpur (Kathua) was submitted before the Chief Judicial Magistrate, Kathua, which was sent for by the court of 3rd Additional Sessions Judge (designating Judge under NIA Act), Jammu in terms of an order dated 10.03.2020, but no original FIR No. 0061/2019 dated 12.09.2019 came to be received from the court of Chief Judicial Magistrate, Kathua,” it submitted. “Instead, a copy of the FIR came to be procured from the Prosecution to be annexed for the purpose of providing the information to this Court.”
The court called the investigating officer in the case to appear before it on the next date of hearing.
Apart from Ahmad, two others travelling with him, Jahangir Ahmad Parray and Ubaid-ul-Islam were arrested in connection with the case, with the police arresting three others – Nengroo and alleged overground workers (OWG) Bashir Ahmad Lone and Suhail Ahmad Dar — eventually.
Of these people, Nengroo, who’s stated to be in Pakistan, was accused of having allegedly orchestrated the cross-border arms drop using a drone while the others were allegedly operatives tasked with transporting it.
The police filed its final police report on March 8, 2020.
Share
