J&K High Court Convicts Former SHO Ghulam Rasool in 2003 Kupwara Suicide Attack Case

The Jammu and Kashmir and Ladakh High Court has convicted a former Station House Officer for his role in facilitating the 2003 Kupwara Fidayeen attack carried out by Jaish-e-Mohammed terrorists. Overturning his 2011 acquittal, the Division Bench held that SHO Ghulam Rasool Wani transported a Pakistani terrorists in an official police vehicle and planted him at the site of the suicide strike, resulting in the deaths of two CRPF personnel and injuries to six others.

The Bench comprising Justice Sanjeev Kumar and Justice Sanjay Parihar sentenced Wani to life imprisonment under Sections 302 read with 120-B of the Ranbir Penal Code for murder and criminal conspiracy.

The 2003 Kupwara Fidayeen Attack

On May 12, 2003, a terrorist identified as Mohd. Ibrahim alias Khalil Ullah of Jaish-e-Mohammed, a resident of Muzaffargarh in Pakistan, opened fire and hurled grenades on police and CRPF convoys near the State Bank of India branch in Kupwara town. Two CRPF personnel were killed, six injured, and the militant was later neutralised. Recovered from his body were an AK rifle, ammunition, grenades and a diary establishing his identity.

Role of the SHO

Investigations revealed that the attacker was ferried from Sogam police station to Kupwara in a Tata 407 police vehicle under the instructions of SHO Wani. Several witnesses including Constables Ayaz Ahmad and Riyaz Ahmad and driver Ali Mohammad Mir testified that the terrorist travelled in the police vehicle disguised as a member of the Special Operations Group and was dropped near the SBI branch shortly before the assault. Constable Sumandar Khan confirmed that his missing police uniform was later found on the slain terrorist, corroborating the camouflage.

Trial Court Acquittal Overturned

The Sessions Court in January 2011 had acquitted Wani and his Munshi, Abdul Ahad Rather, citing contradictions over whether the terrorist wore army or police attire. The High Court held that such discrepancies were natural in the confusion of a grenade and gun attack and could not outweigh consistent testimony of escorts and the driver. It further reiterated that Indian law does not follow the principle of falsus in uno, falsus in omnibus and courts must separate truth from falsehood rather than discard entire testimony due to minor inconsistencies.

The Bench relied on precedents including Kehar Singh v. State (1998) 3 SCC 609, Nalini v. State (1999) 5 SCC 253 and State (NCT of Delhi) v. Navjot Sandhu alias Afsan Guru (2005) 11 SCC 600, reiterating that in conspiracy cases the agreement itself constitutes the offence even if no overt act is proved. The conduct of the SHO in disguising the terrorist as an SOG operative, transporting him in a police vehicle and enabling his presence at the site of the attack was held sufficient to establish conspiracy. The Court also referred to Shakila Abdul Gafar Khan v. Vasant Raghunath Dhoble (2003) 7 SCC 749 to emphasize that courts are required to assess and separate credible evidence from inconsistencies.

The High Court convicted Ghulam Rasool Wani and sentenced him to life imprisonment under Sections 302 and 120-B RPC. The acquittal of Munshi Abdul Ahad Rather was confirmed due to lack of corroborative evidence. Wani has been directed to surrender before the trial court for execution of the sentence.

Case Title: State of J&K v. Gh. Rasool Wani & Anr., CRAA No. 12 of 2011

Bench: Justice Sanjeev Kumar and Justice Sanjay Parihar

Date of Judgment: August 30, 2025