Nawanshahr Special Court Delivers Mixed Verdict in High-Profile UAPA Case
A special court based in Nawanshahr, Punjab, has delivered a significant verdict in a case registered under the stringent Unlawful Activities (Prevention) Act, acquitting all fifteen accused individuals of terrorism-related charges. However, in a partial conviction, nine of these defendants were found guilty under the Arms Act and Explosive Substances Act for their involvement in illegal weapons possession.
Court Questions Investigation, Highlights Lack of Evidence
Additional Sessions Judge Harish Anand, presiding over the designated special UAPA court, pronounced the detailed order on January 22. The case originated from an FIR registered on January 7, 2022, following the arrest of Amandeep Kumar, also known as Mantri, who was initially accused of having connections with Pakistan-based criminal and anti-national elements.
During the proceedings, the court noted critical shortcomings in the prosecution's case. During cross-examination, a police witness admitted there was no concrete evidence on record to prove the accused had engaged in unlawful activities against the state during the period in question. Furthermore, the investigation failed to establish the origin of the seized weapons, raising questions about the chain of custody and evidentiary value.
Detailed Charges and Police Allegations
Police had alleged that Amandeep Mantri, in collaboration with Sukhpreet Singh based in Greece, Rajinder Singh lodged in Kapurthala Jail, and associates identified as Pehlwan, Teeta, Dholki, and Ramandeep Sharma, had procured arms and ammunition from Pakistan. The prosecution claimed that Amandeep, along with associates Navi and Raman Sharma, conspired to disturb peace and communal harmony in the Nawanshahr area.
During the investigation, authorities made fourteen additional arrests and claimed to have recovered substantial evidence, including:
- 4.5 kilograms of RDX explosive material
- Multiple electric detonators
- One AK-47 assault rifle
- Various other ammunition and weapons
Police further alleged that during interrogation, the accused disclosed the involvement of the late Pakistan-based terrorist Lakhvir Singh Rode in the conspiracy.
Judicial Scrutiny Reveals Investigation Gaps
In his comprehensive judgment, Judge Anand highlighted multiple deficiencies in the investigation. "The investigation is conspicuously silent regarding any credible evidence of raising, collecting, transferring, or using funds for terrorist activities," the judge observed. He further noted that "no financial trail or independent witness was examined to substantiate such allegations."
Consequently, the court held that the prosecution failed to prove charges under sections 13, 16, 17, 18, 18-B, and 20 of the UAPA beyond a reasonable doubt. These sections pertain to various aspects of unlawful activities, terrorist acts, conspiracy, and membership in terrorist organizations.
Sentencing and Legal Implications
While the UAPA charges did not stand judicial scrutiny, the court convicted nine accused under the Arms Act and Explosive Substances Act. Amandeep Mantri and Sukhpreet Singh received the maximum sentence of three years under these provisions, while other convicted individuals received sentences ranging from two to three years.
A particularly noteworthy aspect of this case is the discrepancy between jail time served and sentences awarded. The maximum sentence in the case is three years, despite most of the accused having already spent approximately four years in jail during the trial. This extended incarceration occurred because, as Advocate Jaspal Singh Manjhpur representing three of the accused explained, the UAPA charges resulted in denial of bail throughout the trial period.
The remaining six accused were acquitted of all charges, highlighting the court's strict adherence to evidentiary standards even in cases involving serious allegations of national security threats.
