CJM Srinagar said prosecution failed to produce witness against Firdous Shah, Hilal War and Jameel War in a 2003 case
SRINAGAR: A court in Srinagar acquitted three men, associated with Hurriyat Conference, accused of instigating stone pelting in 2003 of all charges as the prosecution failed to prove the charges and produce any witnesses.
Chief Judicial Magistrate, Massarat Shaheen acquittedFirdous Ahmed Shah, Hilal Ahmed War and Jameel Ahmed War of the charges under section 336 and 427.Seven policemen were listed as witnesses in the case but prosecution failed to produce any witness before the court. The court said the prosecution has failed to prove FIR and site plan of the incident wherein the accused were held for instigating others to pelt stones. It also remarked that if the three were instigating youth to pelt stones, why the youth who were pelting stones not booked. “The court is dismissing the case and accused are acquitted from the charges under section 336,427 RPC. The accused and their sureties are also discharged from bail bonds. The case is disposed off accordingly,” the court said.As per case diary, FIR no.13/2003 was lodged at Maisuma police stationagainst Firdous Ahmed Shah of Abiguzar, Jameel Ahmed War and HilalAhmed War of Maisuma for allegedly instigating youth to pelt stonesand forcing closure of shops at Budshah Chowk on 6th December, 2003.As per police, on 6th December 2003, some “miscreants”
were asking shopkeepers to shut down their shops at Budshah chowk. When police reached there, it said, the “miscreants” pelted stones on the police party and a police vehicle (Gypsy 3795JK02Q) got damaged. The police had claimed that the three Hurriyat members were instigating youth to pelt stones. Accordingly a charge sheet was filed before the court in December 2003, wherein the accused denied guilt and asked the court to proceed through trial on 19th December 2015.