SC upholds acquittal of accused in 1990 murder of Kashmir University V-C, junks CBI plea

Supreme Court dismisses CBI appeals, upholds acquittal of JKSLF members in 1990 kidnapping and murder case under TADA.

The Supreme Court has upheld the acquittal of alleged members of the banned Jammu and Kashmir Students Liberation Front (JKSLF) in the sensational 1990 kidnapping and murder case of the then Kashmir University Vice Chancellor, Mushir-ul-Haq, and his personal secretary.

A bench of Justices Abhay S. Oka and Ujjal Bhuyan dismissed the appeals filed by the CBI challenging the acquittal of seven persons in the case registered under the now-repealed Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA).

The court criticised the handling of the case, saying procedural safeguards were given a “complete go-bye” and truth and justice remained elusive, both for the accused and the victims.

The top court said the legislature had reposed great faith in the fairness and uprightness of the higher police officials in the rank of SP and above while conferring the drastic power of recording confessional statements of the accused upon them making the same admissible in evidence subject to the fulfilment of the procedural safeguards.

“But we are afraid, in so far the present case is concerned, the procedural safeguards were given a complete go-bye. The Special Court has stopped short of observing that it was a case of abuse of power and authority,” the bench said

“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,” it added.

“It is not for nothing that such draconian provisions have since been repealed. We say this and no more,” the bench said.