29.That in pursuance of the said conspiracy and in order to achieve the objectives of conspiracy, the arrested and wanted accused procured explosives, detonators, electric circuits and other logistics for achieving the larger goal of conspiracy. During the course of investigation accused Kamal Ahmed Mohammed Vakil Ansari (A-1) came to be arrested on 20.07.2006. At the time of his arrest about 500 grams of RDX, which is an explosive, was seized from his house in village- Basupatti, Dist: Madhubani, Bihar. Also traces of RDX have been recovered from Plot No 33, T Line, Room No 2, Govandi, Shiajinagar, Mumbai-43 on 29.09.2006 ie residential premises of accused Shaikh Mohammed Ali Alam Shaikh (A-6). Evidence has come on record that between 08.07.2006 and 10.07.2006 the conspirators used this very place for assembling the explosive devices. Traces of RDX have also been discovered from Maruti M/Car No. MH-01-V-9568 belonging to accused Mohd Rasial Ataur Rehman Shaikh (A-3) on 22.10.2006 recovered from the compound of Al Hateem Building, Millat Nagar, Andheri (W), Mumbai. This very vehicle was used by the accused to transport the explosive stacked bags from the house of accused Shaikh Mohammed Ali Alam Shaikh (A-6) at Govandi. Shivajinagar to the house of Mohd Faisal Shaikh (A-3) at Bandra (W), Mumbai Traces of RDX were also recovered from Bldg No. 1, 25/B, Kant Wadi, Lucky Villa, Perry Cross Road, Bandra (W), Mumbai-50, on 28.07.2006, house of accused Mohd Faisal Ataur Rehman Shaikh (A-3) Evidence has come on record that on 10.07.2006 after the explosive devices were assembled and kept in black Rexene bags; this very place was used by the conspirators to store the explosive devices before they were brought to Churchgate Railway Station on 11.07.2006. At the instance of accused Asif Khan Bashir Khan @Junaid (A-13), 2.7 kg of Ammonium Nitrite powder and 10 detonators were recovered from his house at Poonam Park, ‘A’ Wing, Flat NO 101, Near Lodha Complex, Mira Road, Dit: Thane. Similarly, corrosive materials namely Sulphuric Acid, Acetone and Hydroge Peroxide were recovered from the possession of accused Dr Tanveer Ahmed Mohammed Ibrahim Ansari (A-2). The same, according to experts’ opinion, could when mixed in the right proportions, be turned into a deadly mixture called TATP, capable of causing igh intensity blasts. Experts have since also opined that RDX, Ammonium Nitrate, Nitrite and Petroleum Hydrocarbon oil was used in the explosions that took place in the seven first class compartments of western suburban trains of Mumbai on 11.07.2006.

30. That in pursuance of the said conspiracy and in order to achieve the objectives of conspiracy, the arrested and wanted accused singly or jointly either as member of an organized crime syndicate or on behalf of such syndicate, conspired, advocated, abetted or knowingly facilitated the commission of an organized crime by use of violence, promoted insurgency by causing explosions on 11.07.2006 in seven different compartments of western railway local trains causing damage to property worth Rs 85,61,039=00 death of 187 persons and injuries to 817 others.

31. Thus all the accused persons, arrested, wanted and 2 dead, mentioned in this report did commit murder by intentionally and knowingly causing death of 187 persons and also did cause injuries of various gravity to 817 persons with such intention and knowledge and under such circumstances that if by that act all accused had caused the death of such persons they would have been guilty of murder and that all the accused had done the said illegal acts in furtherance of the common objective of the criminal conspiracy referred to above and lasso caused damage to public property to wit Western Railway Local Trains, platforms, over bridges, electric poles, over head electrical wires etc.

32. Thus all the accused persons mentioned in this report were parties to a criminal conspiracy hatched by holding meetings in Maharashtra and outside India between 1999 and October 2006, the object of which was to do and cause to be done such illegal acts for achieving the aforesaid objectives of the criminal conspiracy and such illegal acts were done intentionally an knowldingly by participating in furtherance of common objectives of the criminal conspiracy referred to above.

33.As a part of the larger conspiracy, while committing various illegal acts, the members of the Organised Crime Syndicate also resorted to obtaining forged documents to wit degree certificates and using them as genuine to reflect false educational qualifications with a view to gain false status and respectability and also for employment and did indeed gain employment on the strength of these forged documents. The angle of obtaining pecuniary advantages by such illegal means and suing the same for furthering the continuing unlawful activities is still under investigation and is not yet concluded.

34.As a part of the larger conspiracy, while committing various illegal acts, arrested accused namely (1) Mohd Faisal Ataur Rehman Shaikh (A-3) and (2) Shaikh Mohammed Ali Alam Shaikh (A-6) obtained Indian passports from the office of the Regional Passport Office, Pune and Mumbai respectively. Both these accused traveled to Pakistan using the said passports. However, in order to obliterate all evidence relating to their visit to Pakistan, they destroyed/disposed off their Indian Passports and failed to produced the said passports before Police, when directed to do so for the purpose of investigation.

35. As a part of the larger conspiracy and while committing various illegal acts, between May 2006 and July 2006, the arrested Indian conspirators, knowing fully well that their Pakistani counterparts had conspired and had illegally infiltrated into India with explosives for causing bomb explosions, with the intention of screening them from legal punishment, the accused mentioned below made arrangements for and harbored them. Accordingly, the month of May 2006, wanted Pakistani accused namely (1) Sabir, (2) Abu Bakr (3) Kasam Ali, (4) Ammu Jaan, (5) Ehsanullah, (6) Abu Hasan entered Idnia thorugh Bangladesh border and were housed in 304, Amrapali Building, Sector-XI, Shanti Nagar ‘A’, Mira Road (E), Dist Thane, office/house in the control of arrested accused Mohd Sajid Margub Ansari (A-7), Ehtesham Kutubuddin Siddiqui (A-4) and Asif Khan Bashir Khan @ Junaid (A-13). Similarly, in the same month accused namely (1) Salim (now dead), (2) Sohail Shaikh, (3) Abdul Razak and (4) Abu Umed (now dead) illegally crossed over from Pakistan into India from Kutch border in Gujarat and were harbored in Flat No 24, Lucky Villa, Kant Wadi, Perry Cross Road, Bandra (W), Mumbai-50, house belonging to arrested accused Mohd Faisal Ataur Rehman Shaikh (A-3). As a part of the same conspiracy, wanted Pakistani accused (1) Aslam and (2) Hafizullah entered India through Indo-Nepal border and were harbored in 101, Saba Parveen Apartment, Naya Nagar, Mira Road (E), Thane, house belonging to accused Mohd Sajid Margub Ansari (A-7). Prior to the blats, two of the wanted accuse, who were staying in Flat No 24, Lucky Villa, Kant Wadi, Perry Cross Road, Bandra (W), Mumbai-50, shifted their hide out and went and started staying in a flat in Millat Nagar. Efforts are still on to locate the said place. After the commission of the bomb blats, arrested accused Ehtesham Kutubuddin Siddiqui (A-4) escorted wanted Pakistani accused namely Ammu Jaan and brought him to stay in 202, B Wing, Moon Lit Apartment, Opp Kalsekar College, Kausa, Mumbra, Dist: Thane which was rented by arrested accused Abdul Wahid Din Mohammed Shaikh (A-8). Five other Pakistani nationals were also provided shelter after the bomb blast in this flat. After staying for a while, these accused were provided a safe passage by arreste accused Mohd Majid Mohd Shafi (A-5) out of Mumbai.

36.The chief Investigating Officer submit that the Commissioner of Police, Gr. Mumbai was pleased to accord sanction to prosecute all the arrested accused and wanted accused in this case under the provisions of Maharashtra Control of Organised Crime Act-1999 vide his border dated 25.11.2006.

37 The Chief Investigating Officer further submits that Addl. Chief Secretary, Home Department, Govt of Maharashtra has been moved to accord sanction to take cognizance of all the accused in this case under the provisions of The Unlawful Activities (Prevention) Act-1967. The orders are awaited.

38. The Chief Investigating Officer further submits that the Collector and District Magistrate, Mumbai Suburban District, Mumbai has been moved to accord consent to prosecute the accused in this case under the provisions of Explosive Substances Act-1908. The same is awaited.

39.The Chief Investigating Officer further submits that Addl Chief Secretary, Home Department, Govt of Maharashtra is being moved to obtain the necessary sanction from the Government of India to prosecute all the accused in this case for offences punishable under section 121-A, 122, 123, 124-A of The Indian Penal Code.

40. The Chief Investigating Officer further submits the Addl Chief Secretary, Home Department, Govt of Maharashtra has been moved to acod sanction to take cognizance of accused persons namely (1) Mohd Faisal Ataur Rehman Shaikh and (2) Shaikh Mohammed Ali Alam Shaikh for prosecution U/s 12 (1) © of The Passport Act-1967. The orders are still awaited.

41. It is, therefore, submitted that on the basis of evidence collected by the investigating agency, it has been established that the accused persons mentioned above have successfully carried out their objective of criminal conspiracy and as such committed offences under section 3 (1) (i), 3 (2), 3(3), 3 (4), 3(5) of MCOC Act, 1999 r/w Secs: 10, 13, 16, 17, 18, 19, 20 and 40 Unlawful Activities (Prevention) Act, 1967 r/w ecs. 302, 3076, 326, 325, 324, 427, 436, 121-A, 122, 123, 124-A, 201, 212, 120-B IPC r/w Secs. 6 and 9B Explosives Act, 1884 r/w Secs 3, 4, 5 and 6 Explosives Substances Act, 1908 r/w Secs. 3 & 4 of Prevention of Damage to Public Property Act, r/w Secs. 151, 152, 153, 154 Railways Act-1989 r/w Sec 12 (1) © Passports Act-1967. It is, therefore, submitted that the aforesaid accused persons may kindly be tred according to law for the heinous acts committed by them.

It is respectfully submitted that investigation as regards the wanted Pakistani accused namely 01) Azam Chima, @ Babaji R/O Javed Chaudhari Bungalow, Bahawalpur Karachi Highway, Dist: Bahawalpur, Pakistan. 02) Aslam, 3) Hafizullah, 4) Sabir, 5) Abu Bakr, 6) Kasam Ali, 7) Ammu Jaan, 8) Ehsanullah, 9) Abu Hasan, (All Pakisan Nationals), 10) Mohammed Rizwan Dawrey, 32 yrs Add: 203B, Premanand Park, Shivarkar Road, Wanavari, Pune, PIN 411 040, Presently in Saudi Arabia, 11) Mohammed Rahil A R @ Mohammed Rahil Ataur Rehman Shaikh, Add: Tirupati Apts, ‘A’ Wing, 2nd Floor, Flat No 203, Naya Nagar, Mira Road, Dist: Thane 401107. Presently residing in Birminghm, London, United Kingdom. 12) Abdul Razak (based in Pakistan), 13) Sohail Shaikh @ Nasir, Add: Opp. Shivaji Market, Near Silver Inn Hotel, Pune (Based in Paksitn) 14) Hafiz Zuber @Mohd. Zuber s/o Shamshul Haque Rayeen/35, Add: Village: Balkatawa, Post: Basopatti, Dist Madhubani, Bihar State, Address in Nepal: Nice Travels, Katmandu, Nepal 15) Abdul Rehman (based in Nepal) and others yet remain to reach its logical conclusion by achieving thier arrests.

Sadashiv L Patil
Asstt. Commissioner of Police &
Chief Investigating Officer,
Anti Terrorism Squad, Mumbai

Image: Churchgate station, One year after the blasts. Photograph: Uday Kuckian.

Also see: Mumbai's 11/7: A year later

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