NEW DELHI, March 28 � In an embarrassment to the Delhi Police and intelligence agencies, a Delhi Court has acquitted former Deputy Speaker of Manipur Assembly T Shaymkumar Singh and two others of charges of being involved in terror acts.
Additional Sessions Judge Satinder Kumar Gautam acquitted the three, who had been charged with various stringent provisions under the Unlawful Activities (Prevention) Act, 1967.
He, however, convicted the two Manipuri youths, arrested along with the former Deputy Speaker in 2006, on charges of impersonation and carrying fake identity cards.
While convicting the two youths, who claimed to be human right activists, the court, however, freed them on March 18, setting off their sentences against the period of their detention in Tihar Jail.
The two had been languishing in Tihar jail since October 2006 after their arrest along with Singh outside the Indira Gandhi International Airport by the Delhi Police on a tip off by the Intelligence Bureau, which suspected them to be members of outlawed United National Liberation Front (UNLF).
Singh, who had been able to secure bail during his trial, was Deputy Speaker of Manipur Assembly between August 2007 and April 2009.
�The prosecution has been able to prove only the charges (of impersonation) under section 419 of Indian Penal Code against accused MJK Singh and PG Singh (the two Manipuri youths),� the court said.
It said, �Rest of the (terror-related) charges against accused TSK Singh, MJK Singh and P G Singh have not been proved beyond all reasonable doubts since the testimony of prosecution witnesses did not inspire confidence to bring home the guilt of the accused persons as per charges framed.
�The testimony of prosecution witnesses does not reflect with the frame-work of the administration of criminal law and justice delivery system. The testimony of prosecution witnesses in cross-examination have created several dents which reflect the manner in which the investigation has been conducted as their testimony failed to inspire confidence to the judicial scrutiny,� the court said.
It noted that only the identity cards recovered from the two youths were found to be fake.
In its order, the court, on basis of depositions by various prosecution witnesses, came to the conclusion that the three Manipuris had been arrested by the Delhi Police on the basis of a tip off from the Intelligence Bureau.
�Prosecution witness Ravinder Kumar Tyagi (a police officer) has admitted in his statement that during the probe, he came to know that accused Singh is a politician, contractor and social worker and he contested the Assembly election,� the court said.
It said, �In his cross-examination, Tyagi admitted that Inspector Mohan Chand Sharma (who arrested the three), has briefed them about the information received from the Intelligence Agency.�
Though the police had also booked them for allegedly colluding in their terror activities, the court found out that two other persons arrested by the police never knew the third and they could never hatch any criminal conspiracy jointly.
�So far as charge under section of 120 B of the IPC (criminal conspiracy) is concerned, the two accused persons did not know the third accused before the arrest and there is no prior meeting of mind,� the court said.
The court acquitted the three of the terror charges on the basis of its findings during the cross- examination of Special Cell�s Assistant Commissioner of Police Sanjeev Kumar Yadav, who had investigated the case.
�ACP Yadav specifically stated in cross-examination that no evidence could be collected against Singh to the effect that he was trying to help the two high ranking member of banned organisation UNLF to established their base in Delhi,� the court said.
�He further admitted that no separate evidence could be collected regarding harbouring of two other accused by T Shyamkumar Singh. There is no evidence on record to show that the accused persons had any intention set up to base camp at Delhi. � PTI
