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Decade-old ‘anti-national’ rally case: Separatist leaders discharged by Sumbal court

The Judicial Magistrate First Class Sumbal has discharged separatist leaders Muhammad Yaseen Malik and Aga Syed Hassan in a case related to a 2010 rally at Inderkoot, Sumbal, Bandipora, citing inordinate delay in filing the chargesheet.

The case originated from FIR No. 278/2010, in which Malik and Hassan were accused under Sections 188 and 353 of the Indian Penal Code for allegedly raising anti-India slogans during a public gathering. Muhammad Yaseen Malik is currently lodged in Tihar Jail, Delhi.

According to the court order, the alleged incident occurred on December 22, 2010, but the chargesheet was only presented before the court on December 26, 2020—nearly ten years and nine months later.

The delay, the court noted, exceeded the statutory limitation period under Section 468 of the Code of Criminal Procedure.

The court highlighted that the offences under Sections 188 and 353 IPC carry maximum punishments of up to one and two years respectively, falling short of the three-year threshold under which cognizance can be delayed. Considering this, Magistrate Rahila Rashid ruled that continuation of proceedings was legally untenable and discharged both accused.

The chargesheet will now be consigned to court records, officially closing the case.