CENTRAL BUREAU OF INVESTIGATION Vs. ASHIQ HUSSAIN FAKTOO

JUDGEMENT

(1.) This Appeal is against the judgment dated 14th July, 2001 by which the Presiding Officer of the Designated Court, Jammu, under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as the TADA Act), has acquitted the Respondents.

(2.) Briefly stated the facts are as follows : Initially there were 12 persons who were charged under Sections 302 read with 120-B of the Indian Penal Code and Section 3 of the TADA Act. Out of those 4 persons died and 5 others were absconding. Therefore, only the three Respondents were put to trial. The only evidence against these Respondents were their confessional statements recorded under Section 15 of the TADA Act.

(3.) The case of the prosecution was that they were part of a terrorist group under the name and style of Jamait-Ul-Mujahidin. The case of the prosecution was that the aim of the group is to over awe the Government duly established by law and to segregate Jammu and Kashmir from Union of India. The case of the prosecution was that with these purposes in mind these persons spread terrorism. The case of the prosecution was that they condemned the activities of a Hinduism forum whose moving spirit was one Mr. H. N. Wanchoo. The case of the prosecution was that in the months of July and November, 1992 the accused persons (including these Respondent) hatched a criminal conspiracy to eliminate Mr. H. N. Wanchoo and that in pursuance to such conspiracy they kidnapped Mr. H. N. Wanchoo from his house in Srinager, took him to Bal Garden and shot him dead.