Killing of ex-MLA’s brother: Accused acquitted after 2 decades

Bandipora, Jun 21: The Court of Principal and Sessions Judge Bandipora, Khalil Ahmad Choudhary Saturday acquitted three accused persons alleged to have conspired and killed former MLA Bandipora, Usman Majid’s brother and one more person in a case dating back to 2002.

The three surviving acquitted persons among the total five were represented by Advocate Shuaib Ahmad Deewani and according to the judgement, the prosecution relying on witness testimonies fell “short of the requirement of proof of the charge beyond all reasonable doubt.”

On November 20, 2002, a protest was staged in which former MLA, Usman Majid’s brother Ghulam Nabi Ganaie (deceased).

“When Ganaie approached a particular place in Guroora, a civil dispute arose,” Advocate Deewani said.

The dispute allegedly occurred between the accused group, who were allegedly constructing a path from the land belonging to Ganaie.

In this hullabaloo, gunshots were fired, resulting in the death of Ganaie and an ASI Ghulam Rasool, while three more persons were injured.

Ayaz Ahmad Pir and Shawkat Pir of Guroora were accused of firing at Ganaie and others “from a cowshed,” with others being accused of “abetment and hatching a conspiracy to kill”.

It led to a case filed under FIR No 296/2002 at Police Station Bandipora under Sections 302, 307, 34, 326, and 109 of the Ranbir Penal Code (RPC) and 7/27 of AA.

Twenty days later, the accused were arrested.

On December 20, 2002, on the disclosure of the accused, an AK 47 was recovered.

Later, the prosecution, led by public prosecutor Abdul Majid Bhat, filed the chargesheet in Bandipora court where from it was transferred to Baramulla.

In 2008, the case was returned to Sessions Court Bandipora.

A total of five accused were named in the case who were identified as Ayaz Ahmad Pir alias Mitha, Shawkat Pir, Abdul Ahad Pir, Shamsuddin Pir, Mymoona, all residents of Garoora Bandipora.

As the case was processed, it was taken for arguments in 2013.

Finally in June 2025, in the Court of Principal Sessions Judge Bandipora, the accused persons were acquitted after more than two decades.

“The testimonies of witnesses, even if taken at their face value, fall short of the requirement of proof of the charge beyond all reasonable doubt,” the court observed in its judgement.

The judge said in the order, “In my view, the remaining circumstances relied by the prosecution would not unerringly point towards the guilt of the accused persons. Thus, in my view, it is unsafe on the aforesaid circumstances to maintain the conviction of the accused persons; thus, extend to them the ‘benefit of doubt.’”

The judge ordered: “Accordingly, I order for the acquittal of the File No 05/2013 Challan: 16/2003; CNR No JKBP010000012003 Accused No. 1, 2, and 5 for the charges levelled against each of them.”

It said, “The accused No 3 and 4 are already dead. The case against these accused stands abated. The accused persons Ayaz Ahmad Pir alias Mitha, Shawkat Pir and Mymoona all residents of Garoora Bandipora are acquitted and their bail bonds are discharged. The seized shall be destroyed after the appeal period is over.”