BREAKING: After Five-Year Legal Battle, Mohd Khaliq & Brother Acquitted in FIR 38/2020 by JMIC Banihal
Banihal, July 9, 2025 – In a landmark judgment today, the Judicial Magistrate 1st Class (JMIC), Banihal, acquitted Mohd Khaliq and his brother Saddam Hussain in the long-pending FIR No. 38/2020, originally filed by the Executive Magistrate 1st Class (Tehsildar Gool) under allegations related to a compensation dispute over a damaged house.
The FIR, lodged at Police Station Gool in July 2020, arose from a prolonged compensation matter dating back to 2018, involving the accused’s claim for damages to their residential property. All members of the local verification committee, allegedly involved in the initial inquiry, became prosecution witnesses in the case.
Over the course of five years, the accused fought their own legal battle without consistent legal assistance, forcing Mohd Khaliq to personally file multiple writ petitions before the Hon’ble High Court of Jammu & Kashmir and Ladakh:
In CRM(M) No. 190/2020, filed under Section 482 CrPC, the High Court declined to quash the FIR, but issued clear directions on 12.08.2021 for the trial court to conclude the trial within six months.
Subsequently, the case was transferred from JMIC Gool to JMIC Banihal under Section 406 CrPC by the Chief Judicial Magistrate (CJM), Ramban, after Khaliq raised concerns about judicial bias and delay.
Further, due to the absence of legal aid, Khaliq filed another application under Section 407 CrPC, which led the High Court to direct the District Legal Services Authority (DLSA) to provide defence counsel and to permit virtual hearings due to logistical and legal difficulties.
Facing further delays in pronouncement of judgment, Mohd Khaliq once again approached the High Court under Article 226 of the Constitution of India, citing violations of his Fundamental Rights under Articles 14, 21, and 22.
Today, Justice prevailed as the Trial Court at Banihal dismissed all charges and acquitted both the accused, observing that the prosecution failed to prove the allegations beyond a reasonable doubt, despite several government officials and committee members being examined as witnesses.
This verdict marks the end of a prolonged legal struggle for Mohd Khaliq and his brother, who maintained their innocence throughout the proceedings. The judgment is being hailed as a triumph of constitutional rights and citizen-led legal advocacy.
