Decided on April 05,2006

STATE OF JANDK Respondents


- (1.) THE petitioners, ten in number, have invoked the jurisdiction of this Court in terms of Section 9 of Enemy Agents Ordinance 2005 (1948 A.D.) by the medium of this petition which is directed against the judgment and order dated 4th September, 2003, passed by Principal Sessions Judge, Jammu, (Special Judge) in the case titled as State v. Mohammad Maqbool Hussain and others, FIR No.164/1995, P/S Mendhar, under Section 120 -B of Ranbir Penal Code (hereinafter for short, RPC), 2/3 Egress and Internal Movement (Control) Ordinance, 2005 (1948 AD), hereinafter for short E&IMCO, 7/25 Arms Act and 3 Enemy Agents Ordinance,2005 (1948 AD), hereinafter for short EAO, whereby and where -under petitioners came to be convicted and sentenced to, imprisonment for life and fine to the tune of Rs.20,000/ - each for the commission of offence punishable under Section 3 EAO and, seven years rigorous imprisonment and fine of Rs.5000/ - each for commission of offence punishable under Section 7/25 Arms Act. The judgment and order dated 4th September, 2003 shall be, hereinafter, referred to as impugned judgment. FACTS
(2.) ON 28th September, 1995, in the morning police station, Mendhar, had received information from reliable sources that one Mohammad Maqbool, along with other 12 trained militants equipped with arms, ammunitions, grenades, detonators and fuses etc., had crossed the actual line of control at the instance of secret agency of Pakistan, namely, ISI, in pursuance of the well organized criminal conspiracy, which set the police in motion FIR No.164 of 1995 came to be registered and challan came to be presented against the accused. The allegations as put -forth by prosecution against all the accused are as under: -
(3.) THAT during the intervening night 27/28 September, 1995, a joint search operation carried out by the army and civil police in village Mendhar and accused, namely, Maqbool Hussain, Ghulam Mohammad Wani, Irshad Ahmad, Mohammad Shafi, Mohammad Hussain, Mohammad Yousuf, Kaka, Mohammad Latief, Mohammad Aslam, Barkat Hussain, Mohammad Shafi, Ghulam Hussan Wani, Nissar Hussain and Lal Hussain were apprehended and arms, ammunition and explosives were recovered from their possession details of which are given in the seizure memos. Accused had brought the arms, ammunitions, explosives from Paskistan after crossing border and obtaining training from ISI, in order to escalate the militant activities in the valley in conspiracy with each other, how to use the arms and ammunition for sabotage and subversive activities to endanger life, property and security of the State to stall the political process and destabilize the Government.;

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