The 1990 kidnapping and murder of the then Vice Chancellor of Kashmir University, Mushir-ul-Haq, and his secretary Abdul Gani is a tragedy that has left scars on the region’s collective memory. After years of legal battles, the Supreme Court of India recently upheld the acquittal of the seven accused members of the banned Jammu & Kashmir Students Liberation Front (JKSLF), casting a shadow over the pursuit of justice for both the victims and the accused. The decision has sparked a wave of emotions, with many questioning whether truth and fairness can truly be found amid such a complex case.
The Supreme Court Verdict
The Supreme Court bench, led by Justices Abhay S Oka and Ujjal Bhuyan, dismissed the appeals filed by the CBI, which had challenged the acquittal. In its verdict, the Supreme Court expressed deep disappointment over how the investigation and trial were handled. It criticized the procedural lapses that had led to the failure of justice and emphasized that both the victims and the accused had suffered because of these shortcomings. The Court noted that procedural safeguards in the case were completely ignored, undermining the integrity of the legal process.
A Horrifying Act of Terror
The case had revolved around a horrifying act of terror. On April 6, 1990, Mushir-ul-Haq, the Vice Chancellor of Kashmir University, and his secretary Abdul Gani were abducted by militants who sought the release of their associates, including Nissar Ahmed Jogi, Gulam Nabi Bhat, and Fayyaz Ahmed Wani. The kidnappers, led by Hilal Beg, the self-styled Chief Commander of JKSLF, held the two hostages to pressure the government. However, when their demands were not met, the two innocent lives were tragically cut short on April 10, 1990.
A Court’s Reflection on Fairness and Justice
The Supreme Court made it clear that it found no error in the Special Court’s decision to acquit the accused. It acknowledged that the case was not just about following legal procedures, but also about upholding the principles of justice and fairness. It went on to highlight that the confession of the accused had been recorded in an environment that was far from conducive to a fair process. Confessions made under duress, especially in a heavily guarded BSF camp, could never be considered to have been made in a free atmosphere, the Court emphasized.
The Importance of Procedural Fairness
The Supreme Court judgment was a powerful reflection on the importance of procedural fairness. It stressed that the power to record confessions should not be misused, as it is meant to be a safeguard to protect the truth, not to lead to the unjust condemnation of individuals. In the case of the 1990 kidnapping and murder, the Court found that these safeguards were completely bypassed, and as a result, the truth was never fully revealed.
A Sad Reflection on the Investigation
In its judgment, the Supreme Court lamented the way the case unfolded, where the victims and accused alike were denied the fair treatment they deserved. The Court remarked that it was a sad reflection of how the investigation and trial were conducted. The use of the now-repealed Terrorist and Disruptive Activities (Prevention) Act (TADA) in the case was also questioned, with the Court observing that such draconian provisions had been repealed for a reason, highlighting their potential for abuse.
The Unanswered Questions
The CBI had built its case on the claim that Hilal Beg and his associates had conspired to kidnap and murder the two men as part of a larger plan to strike terror and pressure the government. The investigation revealed the militant group’s intention to force the government into releasing their jailed comrades. However, despite these allegations, the lack of procedural fairness in the investigation ultimately led to the acquittal.
The Long Road to Justice
The Supreme Court decision has left many asking whether true justice has been served, especially for the families of Mushir-ul-Haq and Abdul Gani. The tragedy of their loss still looms large over Kashmir, and the unanswered questions about the case only add to the sorrow that has defined this chapter of the region’s troubled history.
Disclaimer: This article is based on public reports and legal documents. The views expressed are for informational purposes only and are not intended to provide legal advice.
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