NEW DELHI: Between the mid-1990s and the early 2020s, several individuals from Jammu and Kashmir were arrested across India on terrorism-related charges and held for years before being acquitted by higher courts, according to documented court records and a recent report examining such cases.
The cases, spanning multiple states including Delhi, Rajasthan and Gujarat, involved charges under various counterterrorism laws. In several instances, courts cited insufficient or unreliable evidence and procedural lapses while overturning convictions or acquitting the accused after prolonged detention.
1996 Lajpat Nagar and Samleti Blast Cases
In connection with bomb blasts in Delhi’s Lajpat Nagar and Rajasthan’s Samleti village in 1996, Indian authorities arrested Ali Muhammad Bhat, Mirza Nisar Hussain, Latif Ahmed Waza, Abdul Ghani and Rayees Beg. Prosecutors accused them of conspiracy and involvement in the attacks.
The accused spent more than two decades in prison before the Rajasthan High Court acquitted them in July 2019. The court ruled that the prosecution had failed to prove guilt beyond reasonable doubt, citing inconsistencies and evidentiary shortcomings in the case.
Court records show that Mirza Nisar Hussain was 17 years old at the time of his arrest. He remained incarcerated for approximately 23 years before being acquitted. The court later concluded that the prosecution had failed to substantiate the charges.
2010 Gujarat UAPA Case
Bashir Ahmad Baba, a computer professional from Srinagar, was arrested in Gujarat in 2010 under the Unlawful Activities (Prevention) Act. Authorities accused him of links to terrorist activities and recruitment networks.
After 11 years in custody, a Gujarat court acquitted Baba in 2021, ruling that the prosecution had not presented sufficient evidence connecting him to terrorism-related offenses. The court also found key confessions in the case to be unreliable.
2006 Gujarat Terrorism Case
In 2006, Bilal Ahmed and Saiyed Zabiuddin, both residents of Baramulla district in Jammu and Kashmir, were arrested in Gujarat on terrorism-related charges.
In 2023, a Gujarat court acquitted both men, stating that the prosecution had failed to produce credible evidence to support the allegations.
2001 Indian Parliament Attack Case
Following the 2001 attack on the Indian Parliament, Delhi University lecturer Syed Abdul Rehman Geelani was arrested and convicted by a trial court in 2002, which sentenced him to death under anti-terror laws.
In 2003, the Delhi High Court overturned the conviction, citing a lack of credible evidence. The Supreme Court upheld the acquittal in 2005. Judicial findings pointed to unreliable translations of intercepted communications and procedural lapses during the investigation.
Across several rulings, appellate courts cited common deficiencies, including inconsistencies in prosecution evidence, reliance on confessions later deemed unreliable, investigative lapses, and failure to establish guilt beyond reasonable doubt.
Many of the acquittals followed extended periods of incarceration, often after appeals to higher courts.
According to the report, there is no publicly documented evidence that compensation or rehabilitation was provided to several of those acquitted. The report also notes the absence of publicly recorded disciplinary action against investigating officials following the acquittals.
The cases highlight the role of appellate courts in reassessing terrorism-related prosecutions and trial court verdicts, particularly in cases involving prolonged detention and evidentiary shortcomings.
