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Former SHO Sentenced to Life in 2003 Kupwara Fidayeen Attack Case, High Court Overturns Acquittal

 The High Court of Jammu & Kashmir and Ladakh has convicted former SHO Sogam, Ghulam Rasool Wani, for criminal conspiracy in the 2003 Kupwara fidayeen attack, sentencing him to life imprisonment while upholding the acquittal of his co-accused.

Division bench of Justice Sanjeev Kumar and Justice Sanjay Parihar, while partly allowing the state’s appeal as per news agency JKNS observed, “The trial court’s approach was perverse and erroneous. The prosecution evidence clearly establishes that the then SHO Wani, fully aware of the terrorist's identity and objectives, permitted him to carry out the attack, thereby tacitly consenting to the killing of security personnel.”

The court noted that Wani conspired with a Pakistani terrorist, Mohammad Ibrahim alias Khalil-Ullah of Jaish-e-Mohammad, who, on May 12, 2003, disguised in police uniform, was transported in an official vehicle from Sogam Police Station to Kupwara Chowk. There he opened indiscriminate fire, killing two CRPF men of 113 Battalion Constables B. Prashad and B. Ramaiah and injuring six others before being neutralized.

In its 30-page judgment, the bench remarked, “The act of allowing a fully armed terrorist to proceed unhindered towards a crowded marketplace was akin to firing a loaded cannon into a crowd. The intention to cause death is writ large.”

The High Court directed Wani to surrender before the trial court for formal custody, while confirming the acquittal of Abdul Ahad Rather, the Moharir of Sogam PS, citing lack of concrete evidence. Proceedings against the terrorist stood abated owing to his death during the attack.

The judgment comes more than two decades after the incident and overturns the 2011 Sessions Court ruling which had acquitted both accused citing inconsistencies. The bench also noted witness testimonies from constables who confirmed Wani’s role in facilitating the attack.

“The state has proved conspiracy under Section 120-B read with 302 RPC beyond doubt in respect of Wani,” the bench held, while reiterating that failure to uphold the law by a police officer entrusted with safeguarding lives amounted to aiding terrorism.