Cop’s killing: A case of five accused killed in Aler encounter results into acquittal

By A Mirsab,,

Hyderabad: In a fresh jolt to Hyderabad police, Additional Metropolitan Session court acquitted all the accused in the case of killing a Home Guard on May 17, 2009. Eight accused were facing trial including five who were killed in a controversial Aler encounter on April 7, 2015 when they were brought to Hyderabad from Warangal prison.

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After the encounter killing of five accused – Mohammed Viqar Uddin, Mohd Amjed, Mohd Zakir,Dr Haneef and Izhar Khan, three other accused – Riyaz Khan, Mohd. Sayeed and Vinod Kumar Sahu were facing the trial.

[File photo: All party meet protest Aler encounter on May 24, 2015 at Hussaini Alam, Hyderabad]

Hyderabad Police had arrested these accused for killing a Home Guard Balaswamy at Falaknuma on the second anniversary of Mecca masjid blast. The case was considered as a Terrorist act by the police and these accused were booked under section – 121 (Waging war against nation), 120 B (conspiracy), 302 (Murder), 307 (Attempt to murder) and Sec 16 (Terrorist Act), 18 (Conspiracy of terrorist act) and 20 (Member of a banned organization) of Unlawful Activities Prevention Act.

On Wednesday, Second Add. Metropolitan Session Judge Radha Krishna Murty acquitted these accused from all the charges sighting lack of evidences to prove the case. “The prosecution failed to prove charges against accused in the case”, the court said while pronouncing acquittal of accused.

These three accused are also facing trial in the case of shooting down a police constable at Khilwat junction in Old City on May 14, 2010 and hence would not be set free immediately.

Speaking with Advocate Muzaffar Khan who represented acquitted persons told, “As five accused in the case were killed in the middle of the trial, judgment cannot be pronounced against them. But if they would have been alive certainly they too would have been acquitted as prosecution failed deplorably to prove charge”.

On asking if this acquittal will have any impact on the Aler encounter investigation, he told, “That is up to the investigation officer to decide, he may or may not take this into the consideration but family of accused had raised substantial doubt that they were killed as they were about to be acquitted in this case”.

Meanwhile, Majlees Bachao Tahreek (MBT) welcomed acquittal of accused from the case and claimed that all accused were about to be set free due to lack of evidence against them that’s why the Telangana State Police killed Viquar Uddin and other four Muslims in a fake encounter who were under Judicial Custody.

Amjed Ullah Khan, spokesperson of MBT said, “Mohd Viquar Uddin and other Muslim who were arrested and foisted in number of cases and were denied Bail on concocted stories of some RSS minded Police officers whose only aim is to defame and tarnish the Muslim Youth and Muslim Community”.

In view of this judgment, Khan demanded an inquiry by a sitting Supreme Court Judge or an High Court Judge in the arrest of innocent Muslims, Aler encounter and those police officers who were responsible for arresting the said Muslim youth.