Srinagar: After languishing in jail for six years under stringent anti-terrorism laws, two youths from north Kashmir’s Baramulla district have been acquitted by a special court. The court ruled on the basis of significant contradictions in the prosecution’s case, which establish that the alleged recovery of arms and ammunition was not established through independent witnesses.While hearing the case, special judge designated under the Unlawful Activities (Prevention) Act (UAPA) Feroz Ahmad Khan on November 5 acquitted Huzaif Firdous Bhat of Choora, Sopore, and Ajaz Ahmad Bhat of Kreeri, Baramulla, in a case dating back to September 2020.The two were arrested on September 16, 2020, after police claimed to have recovered two hand grenades, 100 rounds of ammunition and two posters of the banned Pakistan-based terror outfit Lashkar-e-Taiba (LeT) from their vehicle, allegedly during a check near Kanispora on a national highway in Baramulla.Following their arrest, a case was registered against them under Sections 18, 23 and 39 of the UAPA and Sections 7/25 of the Arms Act. During the trial, the accused challenged the police version of their arrest, saying that they had been picked up from their respective residences during the night and that they were not apprehended during vehicle checking at Kanispora.The court held in its judgment that the prosecution had failed to establish beyond reasonable doubt that the seized arms and ammunition were recovered from the accused’s possession.“The prosecution has not established through cogent and dependable evidence that the arms and ammunition produced before the court were recovered from the conscious possession of the accused in the manner alleged… Once the alleged recovery itself becomes doubtful, the foundation for the offences under Sections 18 and 23 UAPA and Section 7/25 of the Arms Act is substantially weakened,” the court observed. The court further observed that on an overall assessment, it found that “the prosecution evidence suffers from such material inconsistencies and infirmities that it would be unsafe to base a conviction upon it.”The arrests followed a joint operation, reportedly conducted by the Jammu and Kashmir Police, the Army’s 52 Rashtriya Rifles and the 53rd Battalion of the Central Reserve Police Force (CRPF). The additional public prosecutor represented the prosecution while advocates Azim Pandith and Tajamul Hussain appeared for the accused.The court also ruled that there were no independent witnesses to the alleged recovery and that there were substantial inconsistencies in the statements of police personnel during examination and cross-examination.Also read: J&K Activist Khurram Parvez’s BailThe prosecution witnesses could not establish the conduct of the search operation and the discoveries made. Witnesses presented by the police passed the responsibility of having conducted the search on others, while two of the witnesses admitted that the alleged recoveries had not taken place in their presence. “The prosecution thus has not presented a uniform account on several foundational aspects of the alleged recovery. One witness says that PW-1 conducted the search [while] another attributes the search to Jaipal. Another states that PW-4 conducted the search, while PW-3 and PW-4 admit that the recovery was not made in their presence,” the court said.The discrepancies extended to the quantity and identity of the material seized by the forces. While one police witness testified that 100 rounds of ammunition had been recovered, another put the number at just 40. Similarly, witnesses differed over whether the posters allegedly seized from the accused were linked to LeT or Jaish-e-Mohammad. “The witnesses also differ regarding the nature of the alleged LeT material and the number of rounds recovered. The discrepancies become more significant when considered with the evidence concerning identification and preservation of the seized articles,” the judgment said.“It is settled that while minor discrepancies arising from lapse of time or imperfect recollection may ordinarily be ignored, contradictions which go to the root of the prosecution story and create doubt about the occurrence, recovery [or] identity of the recovered articles or their connection with the accused cannot be brushed aside as inconsequential,” the court observed further.The court also found that the investigation had failed to establish any connection between the accused and an identified terrorist, terrorist organisation or terrorist activity. “The prosecution has also not produced any evidence connecting either accused with any identified terrorist, terrorist act, terrorist organisation activity or any specific act of intentional aid. The investigating officer admitted that no name of any terrorist with whom the accused allegedly had contact emerged during investigation,” it said.The prosecution, the court noted, had also failed to produce evidence demonstrating that either accused had intentionally aided or facilitated any terrorist act or activity.Meanwhile, Hurriyat chairman and Kashmir’s chief cleric Mirwaiz Umar Farooq expressed deep concern over the fact that the two young men from Baramulla have spent six years in jail before being acquitted.Deeply saddening that two young men from Baramulla had to spent six precious years in jail under stringent Anti-terror laws, before being acquitted as the evidence against them was found unreliable. This case once again highlights the indiscriminate arrest and prolonged detention of Kashmiri youth. Will accountability be fixed for their wasted years? Authorities should review this approach and ensure justice is done to the thousands of young men still behind bars.https://t.co/tqHdQdNTid— Mirwaiz Umar Farooq (@MirwaizKashmir) November 10, 2026