47-year-old Khem Prasad who sells momos in Rajender Nagar, was recently acquitted in a case where he allegedly aided a man named Lok Nath Panth who supplied explosives to Maoists in Nepal. Around 500 detonators were recovered from Panth’s possession.
Prasad’s life changed after he spent 7-months in jail in 2010, his wife returned to Nepal along with their child and almost ended up leaving him.
Cardboard boxes, which allegedly had around 80 explosives were recovered from his house, as Prasad had let Panth stay with him for two to three days. While one witness told the Court that there were 81 boxes with explosives printed on it, another witness stated that there were 79 boxes with super plane detonators (SPD) printed on them.
Pointing out this contradiction in the two statements by the witnesses, Tis Hazari Court Judge Joginder Prakash Nahar held that the recovery of the boxes was doubtful. While acquitting Prasad earlier in December last year, Judge Nahar also noted that there was no explanation about other cardboard boxes, when the total number of detonators were 500.
It was also noted by the court that since Panth and Prasad were from the same village in Nepal, it was normal that Prasad shared his home with the accused for a couple of days, adding that possession of cardboard boxes can’t be equated to possession of explosive substances. “Another thing which is to be noted is that if the accused Khem Prasad were aiding the accused Lok Nath Panth in hiding the cardboard boxes of the detonators then why would he be keeping them under his bed for two long days. Lying of some cardboard pieces under the bed may or may not be within the knowledge of accused Khem Prasad. There is no other evidence against accused Khem Prasad for which it can be said that he was aiding accused Lok Nath Panth,” stated the court while acquitting Prasad.
Purshotam Lal Mehta, now 63, who used to be a stone crusher was charged with procuring 500 detonators for the main accused Panth. He was the second person to be acquitted in the case. Mehta, who spent over a week in prison, told The Indian Express that he was considering self harm during his days in jail. “I had to live in so much shame…especially during the early days of the case,” he said. He recalls how he was shocked when he was arrested – I was surrounded by a plethora of cops and didn’t even know what I had done, he said.
According to Judge Nahar, the possession of detonators with Prasad or Mehta was not proved in any manner. Pointing that the prosecution had failed to prove the charges against the accused levied under sections of the Explosive Substance Act, the Court acquitted the accused 13 years after they were first arrested.
“The officers of Delhi Police to earn accolades have made a false story and arrested innocent citizens who were then forced to spend several months in jail…the prosecution miserably failed to prove even a single charge,” said Advocate Surender Chauhan representing the accused since 2010. He also added that the Police had made a mountain out of a mole and had failed to capture Lok Nath Panth who had been absconding for 12 years.
