Court acquits man due to "invalid sanction" under terror law
New Delhi: An alleged member of terror outfit `Al-Badr`, deported from Saudi Arabia in 2010 for his purported involvement in terrorist activities, here has been acquitted by a Delhi court which said there was "no valid sanction" for his prosecution under the stringent anti-terror law.
The court let off Sajjad Hussain Sheikh, arrested in May 2010 after being deported from Saudi Arabia, of the charges under the Unlawful Activities Prevention Act (UAPA) saying there was no valid sanction order at the time of taking cognizance for the offence punishable under the law.
Additional Sessions Judge (ASJ) Pawan Kumar Jain dismissed the contention of Special Cell of the Delhi Police that they had filed a fresh sanction order for Sheikh`s prosecution under the UAPA during the trial of the case.
"In the instant case, the prosecution had built up its case on the foundation of invalid sanction, thus proceedings initiated on the said sanction are bound to be collapsed. The said inherent and incurable defect cannot be rectified by just simply filing a fresh sanction at the belated stage of the trial," the court said.
"I am of the considered opinion that there was no valid sanction at the time of taking cognizance for the offence punishable under the UAPA and the said incurable defect cannot be rectified by filing the subsequent sanction," it said.
The judge also said there was an "inordinate delay" of 11 days in sending the copy of the FIR to the court and police were unable to explain the reason for it during the trial.
According to the police, Sheikh, a permanent resident of Srinagar, was allegedly a member of `Al-Badr` and he had entered into a criminal conspiracy to collect/deliver a large quantity of restricted satellite phones, solar charger and wireless sets which were meant to be used by terrorists for communication and to commit terrorist activities here.
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