The Court of Judicial Magistrate First Class in Srinagar acquitted a Kashmiri journalist of all the charges and declared him innocent.
The Kashmiriyat reported on October 31, 2021, that a photojournalist from Srinagar was attacked by a Security guard in Srinagar’s Hazratbal area of Sunday afternoon.
Speaking to The Kashmiriyat Ubaid had said that he was asked to leave the campus when he was there for an Autumn shoot. “They asked me to leave the campus as it was not allowed to shoot inside the campus premises, i turned off my camera and left the spot,” Ubaid said.
He said that when he was leaving the campus, a security guard shouted at him that all Journalists in Kashmir were propagandists. “‘You are all thieves, we know you,’ the Guard told me,” Ubaid alleged.
In a significant ruling on July 25, 2024, Tabasum, Judicial Magistrate 1st Class, acquitted the accused in case FIR No. 141/2021 from P/s Nigeen, Srinagar. The case, which involved allegations under Sections 451 and 506 of the Indian Penal Code (IPC), centered on an incident that occurred on November 1, 2021, at Kashmir University.
The prosecution alleged that the accused had unlawfully entered the university premises by jumping over a wall, photographing the area despite a ban, and subsequently engaging in a physical altercation with security personnel. The security staff claimed that the accused had issued threats before fleeing the scene. An FIR was lodged, and an investigation followed, which included preparing a site plan, an injury memo, and recording witness statements.
During the trial, the prosecution presented only one witness, Mirza Khan from Bandipora. Khan testified that the accused had caused a disturbance at the university, however, his testimony was not supported by additional witnesses or corroborative evidence.
During cross-examination, Mr. Khan admitted to not recalling specific details such as the exact timing of the police arrival or the identities of other individuals present during the incident.
In delivering the judgment, Judge Tabasum stated, “The prosecution has failed to substantiate the charges against the accused beyond a reasonable doubt. The evidence presented, which includes the testimony of a single witness, is insufficient to establish the accused’s guilt.”
The judge emphasized that “the principles of criminal jurisprudence require that the burden of proof lies with the prosecution, and in this case, that burden has not been met.”
Judge Tabasum concluded that the prosecution’s case was inadequately supported and thus ruled to dismiss the charge-sheet. The accused was acquitted of all charges, and the bail bonds were discharged.