Driver of Kashmir University-Ghulam Nabi Dar alleged, on 06.04.1990 at about 04.20 PM, Vice Chancellor-Dr. Mushir-ul-Haq and Personal Secretary-Abdul Gani Zargar were kidnapped by armed terrorists outside Sadarbal Gate. Subsequently, dead bodies of Dr. Mushir-ul- Haq and Abdul Gani Zargar were recovered on 10.04.1990.
Investigation revealed, Hilal Beg, Chief Commander of Jammu & Kashmir Students Liberation Front, along with others entered into a conspiracy to compel Government to release Nissar Ahmed Jogi, Gulam Nabi Bhat and Fayyaz Ahmed Wani. The conspiracy included execution of hostages if demands were not met. During pendency of trial, Hilal Beg passed away.
Section 15 of The Terrorist and Disruptive Activities (Prevention) Act, 1987 completely altered fundamental rules of evidence. Kartar Singh v. State of Punjab, (1994) 3 SCC 569 upheld validity of Section 15. Court clarified, it must satisfy itself, there was no trap, no track and no importune seeking of evidence during custodial interrogation.
The confessional statement of Mohd. Salim Zargar was recorded A.K. Suri, SP. There is clear departure from norms which renders Mohd. Salim Zargar’s confession highly suspect and was rightly rejected by Special Court. The said statement is clearly vitiated by non-compliance with procedural safeguards enumerated in Kartar Singh. We are afraid, procedural safeguards were given a complete go-bye. Special Court has stopped short of observing, it was a case of abuse of power and authority.
Acquit. This is not even a case of plausible view. No other view is possible.
– Hon’ble Justice Ujjal Bhuyan, State (CBI) v. Mohd. Salim Zargar @ Fayaz, [Criminal Appeal No. 1681 of 2009].
