STATE (CBI) Vs. MOHD. SALIM ZARGAR

JUDGEMENT

(1.) Criminal Appeal No. 1681 of 2009 This is an appeal under Sec. 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 by the State (CBI) assailing the judgment and order dtd. 20/4/2009 passed by the 3rd Addl. Sessions Judge, Jammu (briefly 'the Special Court' hereinafter). By the aforesaid judgment and order, the Special Court acquitted the respondents in CBI Case No. RC 5(S)/1990 for the offences under Ss. 118, 302, 368 and 365 of the Ranbir Penal Code, 1932 (RPC) and under Ss. 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, hereinafter referred to as the TADA Act (since repealed).

(2.) Genesis of the case can be traced to FIR No. 55/1990 registered at Police Station Nageen, Srinagar under Ss. 364, 341 and 120-B of RPC read with Sec. 3(2) of the TADA Act. The FIR was lodged on the basis of a complaint filed by Shri Ghulam Nabi Dar, a driver of Kashmir University. Informant alleged that on 6/4/1990 at about 04.20 pm, Dr. Mushir-ul-Haq, Vice Chancellor of Kashmir University, and his Personal Secretary Shri Abdul Gani Zargar were kidnapped by armed terrorists from their official car outside the Sadarbal Gate of the University. After taking them in the said vehicle for a short distance towards Lal Bazar on Sadarbal Road, they were shifted to a red Maruti van and taken away.

(3.) Vide order dtd. 22/4/2000 accused Abdul Aziz Dar, Gulam Qadir Mir, Shabir Ahmed Bhat, Mohd. Sadiq Rather, Mushtaq Ahmed Khan and Mohd. Salim Zargar (respondents in the present appeal) were charged for committing an offence under Ss. 118/302/368/365 of the RPC read with Ss. 3/4 of the TADA Act.