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August 5, 2002
1101 IST

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Seven people acquitted in TADA case after 10 years

Ten years after the police charged seven people under the Terrorist and Disruptive Activities (prevention) Act accusing them of being members of the Jammu and Kashmir-based Ikhwan-Ul-Muslimeen who had sneaked into the capital to carry out disruptive activities, a Delhi court has acquitted them.

"I consider the prosecution story of the arrest of the accused persons as not worth believing... and the case has not been proved beyond reasonable doubt," Special Judge S N Dhingra said, acquitting the accused -- Tanvir Ahmed, Shakil Ahmed, Ishaq Ahmed Dar, Mohammed Akhtar Dar, Mohammed Yosuf Lone, Abdul Rauf and Ghulam Ahmed.

The police had claimed that the accused were arrested on April 29, 1992 from the Lajpat Nagar area and several arms and ammunition, including detonators, pistols and cash were recovered from them.

The prosecution in the charge sheet had said that during the investigation, a booklet titled Cry for Freedom Will Not Stop along with photographs of important installations were also seized from the accused.

However, the accused contended that they were kept in illegal detention for four days and a false case was registered against them.

To support their contention, the wife of an accused -- Abdul Rauf -- who had appeared as a defence witness had produced in the court the application and certified copies of the proceedings in the court of Chief Judicial Magistrate, Meerut, where she had complained about the illegal detention of her husband on April 26, 1992.

Rejecting the prosecution story, the court said, "Documents filed by the defence witness and the defence evidence has caused serious dents in prosecution story."

The court said the documents clearly show that the prosecution story was not reliable and the accused people were not apprehended on the night of April 29, 1992, rather they were apprehended on April 26.

"The prosecution has not come forward with plausible explanation as to how the wife of Abdul Rauf could have come to know of the arrest of the accused people on April 26 and they also tried to bring machinery of law in motion against the arrest," the court observed.

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