Kupwara Fidayeen Case: Former SHO of sogam station sentenced to life by J&K High Court

The judgment was delivered by a Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar, which overturned the 2011 Sessions Court ruling that had acquitted both accused.

Srinagar: The High Court of Jammu and Kashmir and Ladakh has sentenced former Station House Officer (SHO) of Sogam Police Station, Ghulam Rasool Wani, to life imprisonment after finding him guilty of criminal conspiracy in connection with the 2003 Kupwara fidayeen attack. However, the bench upheld the acquittal of his co-accused, citing a lack of sufficient evidence.

The judgment was delivered by a Division Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar, which overturned the 2011 Sessions Court ruling that had acquitted both accused. The judges remarked that the lower court’s approach was “perverse and flawed,” emphasizing that the prosecution had clearly established Wani’s role in facilitating the militant attack.

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Attack of May 2003

Case records revealed that on May 12, 2003, Jaish-e-Mohammad militant Mohammad Ibrahim alias Khalil-Ullah, disguised in police uniform, was transported in an official police vehicle from Sogam Police Station to Kupwara Chowk. Once there, he indiscriminately opened fire on security forces deployed at the busy market square.

The militant gunned down two CRPF personnel of the 113 Battalion, Constables B Prashad and B Ramaiah, and injured six others before being killed in retaliatory fire.

Court’s Observations

In its strongly worded 30-page verdict, the High Court observed that Wani’s conduct amounted to direct complicity. “Allowing an armed militant 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 bench noted.

Several constables testified that Wani knowingly permitted the militant to move freely, reinforcing the prosecution’s case. The court concluded that the offence of criminal conspiracy under Section 120-B read with Section 302 RPC had been proved beyond reasonable doubt.

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Acquittal Upheld for Co-Accused

The bench, however, confirmed the acquittal of Abdul Ahad Rather, the then Moharir of Sogam Police Station, stating that there was no concrete evidence linking him to the conspiracy. Proceedings against the militant stood abated since he had been killed during the attack itself.

Rare Conviction After Two Decades

Directing Wani to surrender before the trial court for custody, the judges underlined the seriousness of the offence: “When a law enforcement officer himself colludes with terrorists, it shakes the very foundation of public safety and trust in institutions.”

The ruling, coming more than two decades after the attack, marks a rare conviction of a police officer for abetting terrorism, and closes one of the darkest chapters of betrayal from within the security establishment in Jammu and Kashmir.