SC upholds acquittal of seven in 1990 Kashmir University VC murder case

Thirty-five years after the abduction and killing of then-Kashmir University vice chancellor Mushir-ul-Haq and his personal secretary, the Supreme Court (SC) upheld the acquittal of the alleged members of the banned Jammu and Kashmir Students Liberation Front (JKSLF) involved in the case.

A Bench of Justices Abhay S Oka and Ujjal Bhuyan dismissed the CBI’s appeal challenging the acquittal of seven men in the 1990 case, which had been filed under the now-repealed Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA). The Bench ruled that “procedural safeguards were given a complete go-bye” during the investigation and trial, adding that truth and justice remained elusive for both the accused and the victims.

The CBI had alleged that Hilal Beg, the self-styled chief commander of JKSLF, along with others including Javed Shala, Tahir Ahmed Mir, Mushtaq Ahmed Sheikh, Mushtaq Ahmed Khan, Mohd Hussain Khan and Mohd Salim Zargar, conspired to abduct Mushir-ul-Haq and his secretary to instil fear among the public and pressure the government into releasing their associates—Nissar Ahmed Jogi, Gulam Nabi Bhat and Fayyaz Ahmed Wani.

Haq and Abdul Gani were kidnapped on April 6, 1990. When their demands were not met, the two hostages were killed on April 10, 1990, according to the CBI.

However, the Supreme Court did not find any error in the Special Court’s decision to acquit the accused. “This is not even a case of plausible view. No other view is possible. Consequently, there is no merit in the criminal appeal which is accordingly dismissed,” the SC stated.

The Bench highlighted the importance of procedural safeguards, particularly in the recording of confessions. “The legislature had reposed great faith in the fairness and uprightness of higher police officials in conferring the drastic power of recording confessional statements of the accused,” the court noted. However, it criticised the manner in which confessions were recorded, stating, “in so far as the present case is concerned, the procedural safeguards were given a complete go-by.”

“It is indeed a sad reflection as to how investigation and trial unfolded in this case where truth and justice, both for the victims and the accused, remained elusive,” the Bench added. The SC also emphasised that confessions should be made in a free atmosphere, pointing out that recording confessional statements in a heavily guarded BSF camp, which could be intimidating for the accused, was not conducive to a fair process.