Court acquits 7 after 20 years’ trial

Srinagar, May 7: A court here has acquitted two brothers and five others that included revenue officials in a case of fraud registered by the Crime Branch in 2003 over alleged irregularities in compassionate appointments under SRO-43. Three of the accused had died during the course of trial that spanned for over 20 years.

The Court of City Judge Tarun Mahajan acquitted the accused after coming to the conclusion that the prosecution failed to establish the involvement of the accused beyond reasonable doubt. “This court is of the view that the prosecution has failed to connect the accused with the commission of crime, as under criminal law a person cannot be convicted unless the evidence produced conclusively proves involvement beyond reasonable doubt”, the court said. After hearing Additional Public Prosecutor and counsel for the accused, Advocate Ishtiyaq Khan, the court in its decision noted that “serious doubts” had emerged in the prosecution case and reiterated that suspicion, however grave, could not substitute proof required for conviction.

The prosecution case was based on the contention that one Irfan Ahmad was granted a government job under SRO-43 on November 22, 2002 by the Deputy Commissioner Srinagar following the death of his mother in cross-firing at Hawal here on May 21, 1990.  However, two of his brothers, Ishtiyaq Ahmad and Imtiyaz Ahmad, had already secured government jobs under the same provision on account of the same death, according to prosecution. Under SRO-43, only one member of a family is eligible for compassionate appointment.

Moreover, the prosecution contended that the family had received ex-gratia relief of Rs 1 lakh from the government. It alleged that the three brothers, in connivance with officials of the Deputy Commissioner’s office and with the help of fabricated documents and false witnesses, managed to secure three separate government jobs. The Crime Branch registered an FIR on October 25, 2003 under Sections 420, 468, 471 and 120-B of RPC and launched an investigation in the case. Following the investigation, the Crime Branch filed a chargesheet against Irfan Ahmad, Imtiyaz Ahmad, Ghulam Ahmad (deceased), then Patwari Abdul Rashid (deceased), then Girdawar Muhammad Yaseen, local residents Bashir Ahmad and Muhammad Bashir Khan (deceased). Khan was then in-charge Relief Section in the DC Office Srinagar. During the trial, the prosecution examined 29 witnesses, including revenue officials, Crime Branch personnel and forensic experts. However, the court found material contradictions in the testimonies and held that the evidence was insufficient to prove charges of forgery, cheating, criminal conspiracy or use of forged documents. Also, it transpired that Ishtiyaq Ahmad had been appointed four months prior to his mother’s death.