After nearly eight years of prosecution under the stringent Unlawful Activities (Prevention) Act, a Delhi court has acquitted two Kashmiri men accused of links with ISIS, underlining significant gaps in the investigation and failure to meet the standard of proof required in criminal trials.Additional Sessions Judge Amit Bansal acquitted Jamsheed Zahoor Paul and Parvaiz Rashid Lone, both residents of Shopian, observing that the prosecution had failed to establish the charges beyond reasonable doubt.The case was registered in 2018 by the Special Cell of the Delhi Police under Sections 18 and 20 of the UAPA, along with provisions of the Arms Act, alleging that the two had pledged allegiance to ISIS and were attempting to procure arms for the Islamic State Jammu & Kashmir module.According to the prosecution, the accused were apprehended on September 6, 2018, from the Jama Masjid bus stop near the Red Fort with two 7.65 mm pistols and 10 live cartridges, following a tip-off about their alleged involvement in terror activities.In its 79-page judgment delivered on Thursday, the court held: “It is held that the prosecution has failed to prove its case beyond reasonable doubt against both the accused persons. Both the accused persons are thus acquitted in this case.”A key factor in the acquittal was the handling of electronic evidence. The court noted that four mobile phones seized from the accused remained in the custody of the investigating officer for nearly two months in an unsealed condition before being sent for forensic examination.“It raises a strong doubt of tampering with the said mobile phones,” the court said, pointing to the absence of any satisfactory explanation for the delay and the manner of storage.The court also found that screenshots of alleged chats with terror handlers did not meet the legal requirements for admissibility of electronic evidence. While the prosecution claimed that the accused were in touch with ISIS-JK operatives through the BBM application, no credible material was placed on record to substantiate this claim. “The prosecution has also failed to prove that the accused persons used to communicate with their handlers… on BBM app,” the court observed.Another significant lapse identified was the absence of independent witnesses. Despite the alleged arrest taking place at around 10.45 pm in a busy public area near a metro station and bus stand, no effort was made to associate public witnesses with the recovery proceedings. “The failure to join independent witnesses… raises a strong doubt on the prosecution version regarding the recovery of the said arms and ammunition,” the court noted.The court further held that the prosecution could not establish that the accused were members of ISIS or had conspired with other alleged operatives, including Asif Nazir Dar, alias Umar Ibn Nazir, and Adil Vani, alias Adil Thokar, to carry out terrorist acts.It also found no proof that the accused had procured or collected weapons in furtherance of any such conspiracy, or that they had communicated with alleged handlers through BBM or WhatsApp. “The prosecution has also failed to prove that… both the accused persons were found to be members of ISIS, which is a banned terrorist organisation,” the court said.