Kanoon Ki Dastak
New Delhi, March 20, 2025 — The Supreme Court of India has dismissed the appeal filed by the Central Bureau of Investigation (CBI) challenging the acquittal of the accused in the 1990 kidnapping and murder case of Dr. Mushir-ul-Haq, then Vice-Chancellor of Kashmir University, and his personal secretary Abdul Gani Zargar.
A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan upheld the 2009 verdict of the Special Court, which had acquitted the accused due to lack of evidence. The Supreme Court ruled that the prosecution failed to prove its case beyond a reasonable doubt, citing discrepancies in the confessional statements and the absence of crucial evidence, including the recovery of the murder weapon.
The case dates back to April 6, 1990, when armed militants abducted Dr. Haq and his secretary near the Sadarbal Gate of Kashmir University. Their bodies were recovered four days later, prompting an investigation that was later handed over to the CBI. The agency charged multiple individuals under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and Ranbir Penal Code (RPC).
The prosecution primarily relied on confessional statements recorded under TADA provisions. However, the Supreme Court noted that these statements were not recorded following proper legal procedures, rendering them inadmissible. The Court also highlighted that the accused had been subjected to prolonged incarceration and that the confessions were taken under questionable circumstances.
In a strongly worded observation, the Court criticized the investigation, stating that “truth and justice, both for the victims and the accused, remained elusive.”
With this ruling, the acquittal of all accused stands final, marking the closure of one of the most high-profile cases of militancy-related violence in Kashmir during the 1990s.