11. In pursuance of the aforesaid criminal conspiracy, arrested accused (1) Mohd Faisal Ataur Rehman Shaikh (A-3), (2) Dr Tanveer Ahmed Mohammed Ansari (A-2), (3) Kamal Ahmed Mohammed Vakil Ansari (A-1), (4) Muzzammil Ataur Rehma Shaikh (A-9), (5) Suhail Mohammed Shaikh (A-10), (6) Zameer Ahmed Mohammed Latif-Ur Rehman Shaikh (A-11) and (7) Shaikh Mohammed Ali Alam Shaikh (A-6) went to Pakistan and received training in the handling of arms and explosives in the training camp run by accused Azam Chima. The travel plans were elaborately planned by the conspirators in order to ensure that passports o the accused did not bear the arrival and departure stamps into and out of Pakistan. During the course of investigation arrested accused persons namely (1) Mohd Faisal Ataur Shaikh (A-3), (2) Muzzammil Ataur Rehman Shaikh (A-9), (3) Suhail Mehmood Shaikh (A-10), (4) Zameer Latifur Rehman Shaikh (A-11) and (5) Dr Tanveer Ahmed Mohd Ibrahim Ansari (A-2) have been found in possession of maps showing travel route from Tehran to Pakistan with details ie. Names and/or phone numbers of persons who could be contacted for making their travel arrangement. Investigation has disclosed that the accused persons were trained in the handling and use of arms and explosives. The trainees were repeatedly indoctrinated by their foreign trainers to avenge the alleged atrocities committed on Indian Muslims. The feelings and sentiments of the accused trainees were exploited to the fullest and they were exhorted to cause wide spread destruction of life and property in India in order to cripple the Indian economy ad attain by force and violence an object of a general public nature i.e. cause bomb blasts, thereby striking directly against authority of the Government. That in pursuance of the aforesaid criminal conspiracy, the accused who underwent training in Pakistan were paid money and were further asked to persuade more Indian Muslim youths to go to Pakistan for under going the said training.
12.That in pursuance of the aforesaid conspiracy, sometime in the year 2000 wanted accused Azam Chima on behalf of banned organization Lashkar-e-Toiba along with wanted accused Hafiz Zuber and Abdul Rehman recruited accused Kamal Ahmed Mohd. Vakil Ansari (A-1). Accordingly Kamal Ahmed Mohd Vakil Ansari (A-1) traveled to Pakistan on a fake Nepalese passport on an assumed name Kamal Ahmed Mohd. Munshi through Wagha border. This passport was prepared for Kamal Ahmed Ansari (A-1) by wanted accused Hafiz Zuber, an Indian national presently base din Nepal. One Khalid Saifulla asked accused Kamal Ahmed Mohd Vakil Ansari (A-1) to motivate and recruit alienated and marginalized Muslim youths. One Ibrahim Rayeen (suspected accused) of Nepal provided money to Kamal Ansari with instructions to send more Muslim youths to undergo training in Pakistan. He accordingly sent his co-brother Anwar Ul Haque to Pakistan for under going training in the handling and use of arms and explosives.
13.That in pursuance of the aforesaid criminal conspiracy, arrested accused Mohd Faisal Ataur Rehman Shaikh (A-3) went to Pakistan for undergoing training in the handling and use of arms and explosives firstly on 01.10.2001 and returned to India on 2911.2001 through Wagha border using Indian passport bearing No. B-5403385 issued on 06.06.2001 by RPO, Pune. During his second visit and in order to avoid detection, on 08.11.2003 Mohd Faisal Ataur Rehman Shaikh (A-3) left Mumbai for Jeddah using the above passport. From Jeddah, he illegally entered Pakistan via Kisham Island, Iran, where he allegedly destroyed his Indian passport. During return, his mentors in Pakistan gave him a fake Pakistani passport on an assumed name Mohammed Akram, using which he returned to Jeddah. While in Saudi Arabia, Mohd Faisal Shaikh (A-3) was arrested for not possessing a travel document and on 01.12.2004 he was deported to New Delhi on an Emergency Certificate. During his both visits, Mohd Faisal Ataur Rehman Shaikh (A-3) received training in the handling and use of arms and explosives in a training camp of wanted accused Azam Chima. He also asked accused Mohd Faisal Shaikh (A-3) to recruit Muslim youths for arms training in Pakistan and also to survey targets for terrorists attacks.
14.That in pursuance of the aforesaid conspiracy, on return to India and using money that he had received from Azam Chima, Mohd Faisal Ataur Rehman Shaikh (A-3) incited arrested accused Suhail Mehmood Shaikh (A-10) and sent him to Pakistan for undergoing training as stated above. Arrested accused Suhail Mehmood Shaikh (A-10) traveled to Pakistan on 01.11.2002 on Indian passport bearing No. E-1185233. In order to avoid detection of his Pakistan visit, Suhail Shikh (A-10) traveled from Mumbai to Tehran on a Jiyarat is a and from there infiltrated into Pakistan. Suhail Shaikh (A-10) too underwent training in the training camp of wanted accused Azam Chima.
15.That in pursuance of the aforesaid criminal conspiracy, on 01.02.2003 arrested accused Shaikh Mohammed Ali Alam Shaikh (A-6) traveled to Pakistan using his Indian passport bearing No. E-1560453 issued by RPO, Mumbai on 13.02.2002. He left Chatrapati Shivaji International Airport, Mumbai and went to Dubai from where he traveled to Karachi and underwent training in the handling and use of arms and explosives.
16.That in pursuance of the aforesaid conspiracy and while accused Mohd Faisal Ataur Rehman Shaikh (A-3) was still in Pakistan, he instructed his brother and arrested accused Muzzammil Ataur Rehman Shaikh (A-9) to send some more Muslim youths to Pakistan for undergoing training. Accordingly, Muzzammil Ataur Rehman Shaikh (A-9) paid and arranged for the travel and training of accused Dr Tanveer Ahmed Mohd Ibrahim Ansari (A-2) in Pakistan. In order to avoid detection, Dr Tanveer Ansari (A-2), went illegally to Pakistan via Iran from Chatrapati Shivaji International Airport, Mumbai. Dr Tanveer Ansari (A-2) traveled on Indian passport bearing No. B-0099830 issued by RPO, Mumbai on 21.05.2004 and underwent training in the training camp of wanted accused Azam Chima.
17. As a part of the same conspiracy and as instructed by arrested accused Mohd Faisal Ataur Rehman Shaikh (A-3), on 09.08.2004 accused Muzzammil Ataur Rehman Shaikh (A-9) illegally traveled to Pakistan via Iran. He traveled from Mumbai to Tehran and then illegally crossed Iran border into Pakistan. He too underwent training in the militant training camp of wanted accused Azam Chima.
18.On return from training, Dr Tanveer Ansari (A-2) induced arrested accused Zameer Ahmed Latifur Rehman Shaikh (A-11) to undergo training in Pakistan to achieve the larger objective of conspiracy. Accordingly, Dr Tanveer Ansari (A-2) collected Zameer Sheikh’s) (A-11) passport bearing No. A-1886227 issued by RPO, Mumbai on 12.09.1996 and handed it over to accused Muzzammil Ataur Rehman Shaikh (A-9) who in turn got the same stamped with Jiyarat visa for Iran. On 04.04.2005, accused Zameer Ahmed Latifur Rehman Shaikh (A-11) left Mumbai for Tehran from where he illegally crossed into Pakistan and received training in the training camp of wanted accused Azam Chima.
19. It is of importance to state here that members of Shiya sect of Muslim community visit Iran on “Jiyarat” visa. This tour is necessarily for pilgrimage and for the visit of a holy place by name Mashad where there is a tomb of 8th religious leader Imam Raza of Shiya sect. The persons who undertake this pilgrimage usually travel in groups with a proper operators. It is a known fact that members of the Sunni sect of Muslims do not believe in the teachings of Imam Raza and hence do not go to Jiyarat pilgrimage to Iran. It is also a known fact that Sunnis are to granted a “Jiyarat” visa to Iran. During visit to Mashad, all pilgrims get holy food known as “Niyaz”. Before any pilgrim receives Niyaz, his passport is stamped accordingly on the page bearing Jiyarat visa. However, arrested accused (1) Dr Tanveer Ahmed Mohd Ibrahim Ansari (A-2), (2) Muzzammil Ataur Rehman Shaikh (A-9), (3) Suhail Mohammed Shaikh (A-10) and (4) Zameer Ahmed Mohammed Latifur Rehman Shaikh (A-11) are all Sunnis. Though they traveled from India to Iran on a Jiyarat visa, they did not visit Mashad but instead crossed over Iran border into Pakistan and underwent training in the camp of Azam Chima. The non-appearance of stamp/seal on their Jiyarat visa page are conclusive proof of the same. There is sufficient evidence on record to show that though accused persons (1) Dr Tanveer Ahmed Mohd Ibrahim Ansari (A-2), (2) Muzzammil Ataur Rehman Shaikh (A-9), (3) Suhail Mohammed Shaikh (A-10) and (4) Zameer Ahmed Latifur Rehman Shaikh (A-11) traveled to Pakistan via Iran on a Jiyarat visa, their visas are not stamped as required at Mashad. Against the regular practice, these accused persons also traveled individually instead of going in a group or with a tour operator.
20.That in pursuance of the aforesaid conspiracy, though activities of organization “Students’ Islamic Movement of India or SIMI” were banned in India with effect from 27.09.2001, by declaring it as an unlawful association u/Sec 3 (1) of the Unlawful Activities (Prevention) Act, accused persons namely (1) Asif Khan Bashir Khan @Junaid (A-13), (2) Mohd Faisal Ataur Rehman Shaikh (A-3), (3) Dr Tanveer Ahmed Mohd Ibrahim Ansari (A-2) (4) Ehtesham Kutubuddin Siddiqui (A-4), (5) Suhail Mehmood Shaikh (A-10), (6) Zameer Ahmed Latifur Rehman Shaikh (A-11) (7) Mohammed Sajid Margub Ansari (A-7), (8) Abdul Wahid Din Mohammed Shaikh (A-8), (9) Shaikh Mohammed Ali Alam Shaikh (A-6), (10) Muzzammil Ataur Rehman Shaikh (A-9), (11) Rizwan Mohammed Dawrey and (12) Rahil Ataur Rehman Shaikh continued to remain members of the said banned organization and continued to take part in the activities of “Students’ Islamic Movement of India” which is a declared Terrorist Organization under Sec.2(1)(m) and 35 of the Unlawful Activities (Prevention) Act, and thereby advocated, abetted, advised and incited the Indian Muslim youths against the policies of the Government of India, promoted enmity between different groups on grounds of religion by printing, publishing and circulating seditious, inflammatory and derogatory material and collected funds and subscriptions from others for the achievement of the larger goal of conspiracy. Arrested accused Ehtesham Kutubuddin Siddiqui (A-4) even distributed receipt books to others and by using the said receipt books, personally collected subscriptions for and on behalf of SIMI under assumed names. Similarly, wanted accused persons Azam Chima and the other Pakistani nationals continued to remain members of the banned terrorist organization namely “Lashkar-e-Toiba” and continued to take part in the activities of “Lashkar-e-Toiba”. They thereby advocated, abetted, advised and incited the Indian Muslim youths against the policies of Government of India. For achieving their objectives, they funded the travel of selected Muslim youths to Pakistan, bore expenditure for their training in the handling and use of arms and explosives, indoctrinated them in the name of the religion and also supplied explosives like RDX. All this was done in order to prepare a group of youths, Indian as well as Pakistani, to conspire against the Government or civil authorities and wage war by striking terror in the minds of the people or section of people by use of violence or force by causing large scale destruction of life and property in order to cripple the national economy though the disruption of the public transport system – which tantamounts to insurgency. The objective of the conspiracy was to continue unlawful activities within the State of Maharashtra and to overawe the government by causing disruption of the mass public transport system and thereby undermine the authority of the Government. Mumbai, the economic capital and a soft target was apparently chosen for executing the conspiracy.
Photograph: Indranil Mukherjee/AFP/Getty Images
Also see: Can the accused claim POW status?
Advertisement
