J&K High Court flags Major Lapse, Questions FIR Filed Before Alleged Offence in Terror Case

The Jammu and Kashmir High Court has raised serious concerns over procedural lapses in a terror-related case, after noting that a First Information Report (FIR) appeared to have been registered before the alleged offence actually took place.

Hearing a bail plea in a 2019 arms smuggling case, the court observed discrepancies in police records suggesting that the FIR was filed around 75 minutes before the alleged recovery of weapons from a truck in Lakhanpur, Kathua district.

The case involves accused truck driver Sabeel Ahmad Baba, who was arrested for allegedly transporting arms and ammunition, including AK-series rifles and ammunition, as part of a suspected terror-linked network.

The court, while examining the records, noted that the FIR was reportedly registered at 8:30 am on September 12, 2019, while the seizure of weapons from the vehicle took place later at 9:45 am, raising questions about the sequence of events recorded by the investigating agency.

Justice Rahul Bharti observed that the court could not ignore the “striking discrepancies” in the timing of the FIR and the alleged offence. The bench also pointed out irregularities in the submission of the original FIR document before the trial court.

According to the order, instead of the original FIR, a copy obtained from the prosecution was placed on record, prompting further scrutiny by the High Court.

The court has now summoned the investigating officer to appear in person at the next hearing for clarification on the procedural inconsistencies.

Authorities had earlier claimed the recovery included multiple AK-47 and AK-56 rifles, ammunition, and magazines, and that the arms were allegedly linked to a Pakistan-based operative of Jaish-e-Mohammed.

The matter is now under judicial examination, with the High Court seeking a detailed explanation from the investigating agency regarding the apparent contradictions in the case records.