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Synopsis

A Delhi Court last week framed charges against Indian Mujahideen (IM) operative Yasin Bhatkal and ten others in a terror activities case while observing that all the accused were 'repeatedly involved in the different incidences of terrorist activities carried out to wage war against the Government of India'.

Additional Sessions Judge (ASJ) Shailender Malik of Patiala House Courts noted that Bhatkal was not only involved with other accused for carrying out earlier terrorist activities but was also involved in the conspiracy of future terrorist activities with the assistance of Maoists in Nepal to collect arms and ammunition.

“Above referred statements of witnesses, clearly give specific accusation attributable to A-6 being involved continuously since beginning in larger conspiracy of committing different terrorist activities to create terror and destabilize the society as a whole”, the court said in its 121-page order.

“..on minute analysis of the chat running into many pages would clearly show that A-6 was not only involved with other accused for carrying out earlier terrorist activities but also involved in conspiracy of future terrorist activities with the assistance of Maoist in Nepal to collect arms, ammunition, etc,” the court observed.

The court noted “Extraction report of the data in digital devices seized from A-6, as per the report of CERT-In show that many folders containing video clips of jihadi literature including writings for justifying killing of non-Muslims, in the name of jihad were there. Videos of Talib and Al Qaida on necessity of violent jihad as well as documents, images, videos containing literature regarding making of explosives, IED clearly show that A-6 was involved not only in larger conspiracy for committing terrorist activities but also instrumental in preparing of IEDs and explosives”.

Court framed charges against Bhatkal under Sections 18, 18A, 18B, 21, 38(2), 39(2), 40(2) of the Unlawful Activities Prevention Act (UAPA) and Sections 121 and 122 of the Indian Penal Code (IPC).

The ASJ also took note of a conversation between Bhatkal and another accused wherein they allegedly planned for planting a nuclear bomb in Surat.

“...a chat between A-6 and A-10 reflect IM planning for planting nuclear bomb in Surat town and evacuating Muslims from Surat town before executing such terrorist act," court noted.

During the course of arguments, the NIA argued that Bhatkal, Riyaz Ahmad Shah @ Riyaz Bhatkal, Amir Reza Khan, Tehsin Akhtar @ Monu, and others were "principal conspirators" and executors of terrorist acts including Jaipur serial blasts in May 2008, Ahmedabad serial blasts in July 2008, Delhi serial blast in September 2008, Pune Bakery blast in February 2010, Chinnaswamy Stadium blast in April 2010 and Mumbai serial blast in July 2011.

All the 11 accused include; Yasin Bhatkal, Md. Danish Ansari @ Abdul Wahab @ Saleem @ Abdullah, Mohd. Aftab Alam @ Farooq @ Shaikhchilli @ Hafij Ji, Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @ Raj @ Patel, Syed Maqbool @ Zuber, Obaid Ur Rehman, Asaudullah Akhtar @ Haddi @ Daniel @ Tabrez @ Asad, Ujjair Ahmad @ Ozair, Md. Tehsin Akhtar @ Monu @ Hasan, Haider Ali @ Abdullah @ Black Beauty, and Zia Ur Rehman @ Wakas @ Javed.

However, the court discharged Manzar Imam, Ariz Khan, and Abdul Wahid Siddibappa@ Abdul Wahid from all the offences, and directed them to be released, in case they are not required in any other case. The court also directed all three to furnish a bail bond of Rs. 50,000 with one surety of like amount.

The present case was registered by the National Investigation Agency (NIA) on September 10, 2012, on the directions of the Ministry of Home Affairs for offences under Sections 121A and 123 of IPC and Sections 17, 18, 18A, 18B and 20 of UA (P) Act against Bhatkal and others. It was alleged that they entered into a criminal conspiracy to wage war against India being members of the banned terrorist organization “Indian Mujahideen” (IM).

It was also alleged that functionaries of Indian Mujahideen undertook large-scale recruitment/induction of new members for the commission of terrorist activities in various parts of India, with active aid and support from Pakistan-based associates as well as sleeper cells within the country to commit terrorist acts by bomb blasts at prominent places in India, especially in Delhi. The NIA’s sources revealed that IM operatives and its frontal organizations were receiving regular funds for their terrorist activities.

Case Title: State (NIA) vs. Mohd. Danish Ansari & Ors.

Statue: The Indian Penal Code; The Unlawful Activities Prevention Act; The Code of Criminal Procedure