Tag: Case

Udhampur Blast Case: NIA Files Chargesheet Against Two LeT Operatives

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SRINAGAR: National Investigation Agency on Thursday said that it has filed chargehseet against two members of Lashkar-i-Toiba oufit in connection with the Udhampur blast case.
NIA spokesman said that following through on investigations into the Udhampur IED blast cases by the LeT through their Pak based handlers, NIA filed a chargesheet against 2 LeT operatives today.
The spokesman further stated that Aslam Sheikh alias Adil and Mohd Amin Bhat alias Abu Khubaib alias Pinna have been charged for their efforts towards revival of militant activities in Jammu by carrying out recruitments from the pool of OGWs and surrendered militants and activating & motivating them to carry out militant acts.
NIA had taken over investigations into the case in 15th of November 2022 from Jammu & Kashmir Police, he said.
NIA Investigations revealed that Mohd Aslam Sheikh alias Adil was in touch with Mohd Amin Bhatalias Pinna, an ‘individual militant’ of the LeT listed by Government of India, who was now operating from Pakistan. Pinna recruited Adil to carry out the two IED blasts on buses parked in the public areas of Udhampur District of J&K, which had inflicted injuries to two persons, he said.
Mohd Amin Bhat was initially a resident of Doda district in J&K. In 1997, he joined the terrorist ranks of Hizb Ul Mujahideen and was involved in the execution of various militant acts in J&K. He escaped to Pakistan in 2009 and is presently an active LeT handler who is playing a vital role to revive and accelerate terrorist activities in the Jammu region of J&K, he said.
Adil collected the explosives consignment delivered by Pinna’s associates from across the border in Kathua sector. Pinna used drones and dead drop method for this delivery. Pinna trained Adil in cyberspace on how to prime the IEDs. On 28th September, Adil planted 2 IEDs in two different buses, which were plying between Basnatgarh and Udhampur. One blast took place around midnight on 28th and the other in the early hours of 29th September, he said.
After his arrest, Adil made disclosures about hoarding of explosives for future attacks. Two more IEDs, three Sticky bombs, three detonators and two PTD timers were recovered from Adil’s residence. These were part of the consignment that was delivered from Pakistan, he said.

NIA unravelled all these facts and has filed a chargesheet on 28th against Mohd Aslam Sheikh and Mohd Amin Bhat under sections 120B, 121A, 122, 307 and 407 of IPC, sections 3 &4 of the Explosives Substances Act, 1908 and sections 16, 18, 18B, 20, 23, 38 & 39 of the UA (P) Act, 1967, reads the statement.

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( With inputs from : kashmirlife.net )

March 30, 2023
Udhampur Blast Case: NIA Files Chargesheet Against Two LeT Operatives

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Srinagar, March 30: National Investigation Agency on thursday said that it has filed chargehseet against two members of Lashkar-i-Toiba oufit in connection with the Udhampur blast case.
In a handout to GNS, the NIA said that following through on investigations into the Udhampur IED blast cases by the LeT through their Pak based handlers, NIA filed a chargesheet against 2 LeT operatives today.
The spokesman further stated that Aslam Sheikh @ Adil and Mohd Amin Bhat @ Abu Khubaib @ Pinna have been charged for their efforts towards revival of militant activities in Jammu by carrying out recruitments from the pool of OGWs and surrendered militants and activating & motivating them to carry out militant acts.
NIA had taken over investigations into the case in 15th of November 2022 from Jammu & Kashmir Police, he said.
NIA Investigations revealed that Mohd Aslam Sheikh @ Adil was in touch with Mohd Amin Bhat @ Abu Khubaib @ Pinna, an ‘individual militant’ of the LeT listed by Government of India, who was now operating from Pakistan. Pinna recruited Adil to carry out the two IED blasts on buses parked in the public areas of Udhampur District of J&K, which had inflicted injuries to two persons, he said.
Mohd Amin Bhat @ Abu Khubaib @ Pinna was initially a resident of Doda district in J&K. In 1997, he joined the terrorist ranks of Hizb Ul Mujahideen and was involved in the execution of various mlitant acts in J&K. He escaped to Pakistan in 2009 and is presently an active LeT handler who is playing a vital role to revive and accelerate terrorist activities in the Jammu region of J&K, he said.
Adil collected the explosives consignment delivered Pinna’s associates from across the border in Kathua sector. Pinna used drones and dead drop method for this delivery. Pinna trained Adil in cyberspace on how to prime the IEDs. On 28th September, Adil planted 2 IEDs in two different buses, which were plying between Basnatgarh and Udhampur. One blast took place around midnight on 28th and the other in the early hours of 29th September, he said.
After his arrest, Adil made disclosures about hoarding of explosives for future attacks. Two more IEDs, three Sticky bombs, three detonators and two PTD timers were recovered from Adil’s residence. These were part of the consignment that was delivered from Pakistan, he said.

NIA unravelled all these facts and has filed a chargesheet on 28th against Mohd Aslam Sheikh @ Adil and Mohd Amin Bhat @ Abu Khubaib under sections 120B, 121A, 122, 307 and 407 of IPC, sections 3 &4 of the Explosives Substances Act, 1908 and sections 16, 18, 18B, 20, 23, 38 & 39 of the UA (P) Act, 1967, reads the statement.(GNS)
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#Udhampur #Blast #Case #NIA #Files #Chargesheet #Operatives
( With inputs from : roshankashmir.net )

March 30, 2023
SC refuses to stay conviction of Abdullah Azam Khan in criminal case, seeks UP’s reply

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New Delhi: The Supreme Court on Wednesday refused to stay the conviction and sentence of senior Samajwadi Party (SP) leader Azam Khan’s son Abdullah Azam Khan in a 15-year-old case without hearing the state.
A bench of justices KM Joseph and BV Nagarathna asked senior advocate Vivek Tankha and advocate Sumeer Sodhi to serve the copy of the petition to the standing counsel of Uttar Pradesh government and posted the matter for further hearing on April 5.
Tankha said Khan was a juvenile at the time of offence and hence his conviction and sentence be stayed.
“Sorry, for that we will have to hear the state also,” the bench said.
During the hearing, Tankha said Khan was juvenile at the time of incident and the high court has erred in not staying the session court’s order.
In his plea filed through Sodhi, Khan said he has challenged the order of Allahabad High Court dated March 17 by which it had asked the state to respond to the appeal in three weeks.
“The high court failed to appreciate the fact that if the application is not decided expeditiously then the same would be rendered infructuous and the petitioner would suffer irreparable harm which no court of competent jurisdiction would be able to undo even if the application is decided in favour of the petitioner,” it said.
Giving the detail of the case, he said the trial court had on February 13, convicted him for offences punishable under section 353 and 341 of IPC and other offences and sentenced him to undergo two years of simple imprisonment with a fine of Rs 2,000.

He said subsequent to the order of the trial court, the Uttar Pradesh Legislative Assembly secretariat on February 15, notified that Suar constituency of Rampur district of Uttar Pradesh has become vacant with effect from February 13.
Khan said he appealed the verdict of the trial court before additional sessions judge Rampur and also filed an application for stay of conviction and sentence but the court on February 28 dismissed the plea and application.
He said that on the same day he approached the high court against the order of the sessions court but the high court on March 17, granted a time period of three weeks to the state government to respond to his plea.
“In a nutshell, the case of the SLP petitioner before this court is that the impugned order passed by the high court is bad in law as the said order is passed without taking into account the urgent requirement of the issues involved in the application preferred by the petitioner,” the plea said.
Khan said that non-adjudication of his application in a time bound manner would render the same infructuous and therefore it is imperative that the high court considers the application as soon as possible, given the potential consequences of the conviction and sentence, which may include re-election on his assembly seat in the assembly.
“The petitioner believes that during the pendency of the application before the high court, by-election to the Rampur constituency would be announced. The petitioner is concerned that if such an announcement is made and thereafter, the high court passes a stay order the same would be rendered moot due to the announcement of the by-elections,” his plea said.
Khan said his conviction is legally unsustainable as he was a minor when the offence was committed.
“There are judicial orders to the effect that the date of birth of the petitioner is January 1, 1993, hence the petitioner was merely 15 years old at the time of commission of the offence in question. Accordingly, the entire trial proceedings are flawed,” he said.
The FIR against Khan, Azam and seven others was lodged in 2008.
Khan had sat on dharna on a state highway on January 29, 2008 as their cavalcade was stopped by police for checking in the wake of an attack on a Central Reserve Police Force (CRPF) camp in Rampur in Uttar Pradesh on December 31, 2007.
The FIR was lodged at the Chhajlait police station.
While Khan and Azam were sentenced to two years in jail under section 353 (criminal force to deter public servant from discharge of his duty) and other provisions of the Indian Penal Code (IPC), the seven other accused were exonerated.
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#refuses #stay #conviction #Abdullah #Azam #Khan #criminal #case #seeks #UPs #reply
( With inputs from www.siasat.com )

March 29, 2023
Four Muslim men acquitted from 2008 Jaipur serial bomb blast case

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Jaipur: The Rajasthan High Court on Wednesday acquitted four convicts in the Jaipur serial bomb blast case which rocked the state capital on May 13, 2008.
A division bench of Justices Pankaj Bhandari and Sameer Jain acquitted these four convicts who had presented 28 appeals in the High Court. The hearing on this entire case was going on for 48 days.
In its verdict, the bench reportedly said that the investigating officer did not have legal knowledge. Therefore, instructions have been given to the DGP to take action against the investigating officer as well. The court has also asked the Chief Secretary to conduct an inquiry into the investigating officer.
Syed Sadat Ali, the lawyer representing the accused, said that the High Court has termed the entire theory of ATS wrong, which is why the accused have been acquitted.
He said that four accused were sentenced to death by the sessions court. “We had come to the High Court against that decision. One of the accused is a minor. The court has accepted that he was 16 years old at the time of the incident. The court acquitted the accused by saying that there is no proof against the accused. ATS and Prosecution have not been able to prove the allegations. Neither planting bombs has been proved nor was it proved that the accused had bought the cycle.”
“The court made strong remarks about the Investigation Officer while giving the verdict. The court has ordered DGP Rajasthan to take action against Rajendra Singh Nayan, Jai Singh and retired IPS officer Mahendra Chaudhary, who were the investigating officers of the entire case. In the 10-page judgment, the court said that the theory of the police does not match with the entire case.”
On May 13, 2008, there were serial bomb blasts at 8 places in the walled city. In these, 71 people were killed, while 185 were injured. The court found Mohd Saif, Saifur Rahman, Sarwar Azmi and Mohd Salman guilty of murder, sedition and the Explosives Act.
A total of 13 people were made accused in this case by the police. Three accused are still absconding, while two are lodged in jails of Hyderabad and Delhi. The remaining two criminals have been killed in the Batla House encounter in Delhi. The four accused were lodged in Jaipur jail and were sentenced to death by the lower court.

Former BJP state chief Satish Poonia said: “The acquittal of all four convicted in such a big offense by the high court raises doubts on the advocacy of the Ashok Gehlot government of Rajasthan.
“The manner in which the evidence was presented by the ATS, and later it was clipped and edited and the manner in which the court said that the prosecution was not done properly and the evidence did not come in a proper manner, raises doubts on the side of the investigation.”
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( With inputs from www.siasat.com )

March 29, 2023
Delhi HC sets aside summons to ‘The Wire’ editor in defamation case

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New Delhi: The Delhi High Court on Wednesday set aside a summons issued to the editor and deputy editor of online news portal “The Wire” in a criminal defamation case over a publication on a dossier allegedly depicting the Jawaharlal Nehru University (JNU) here as a “den of organised sex racket”.
The complaint was made by Amita Singh, Professor and Chairperson of the Centre for Study of Law and Governance at the JNU, against several people, including the editor and deputy editor of “The Wire”, for allegedly imputing in the April 2016 publication that she had prepared the dossier in question.
Justice Anup Jairam Bhambhani said he was unable to discern how the article could be said to have defamed the complainant when it “nowhere says that the respondent (Singh) is involved in the wrongful activities, nor does it make any other derogatory reference to her in connection therewith”.
The controversial dossier exposed wrongful activities that were stated to be going on in the JNU campus and that Singh was leading a team of people who compiled the document, the judge added.
The court also said the subject publication itself was not before the magisterial court in accordance with section 65B of the Evidence Act.
“On a plain reading of the extract of the subject publication, which is all that was contained in the complaint, there appears to be nothing ‘defamatory’ in it, as understood in law, since all it says is that the dossier calls out certain wrongdoing in the university. Since, on the point of law, there can be no oral evidence in substitution of a certificate under section 65B of the Evidence Act, there was no material before the learned magistrate based on which the summoning order could have been passed,” the court said.
It further said the complainant’s grievance was that the comments made by certain other accused persons against her were defamatory but the lower court did not summon them.
“Summoning order dated 07.01.2017 made by the learned metropolitan magistrate in criminal complaint bearing CC No. 32203/2016 cannot be sustained in law, and is accordingly quashed and set aside,” the court ordered.

The complainant had argued before the lower court that the accused persons had launched a hate campaign against her to malign her reputation.
The editor and deputy editor of “The Wire” had challenged the summoning order before the high court on the ground that there was no material on record on the basis of which the magistrate could have summoned them.
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#Delhi #sets #summons #Wire #editor #defamation #case
( With inputs from www.siasat.com )

March 29, 2023
Opposition slams Odisha govt over Naba Das murder case

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Bhubaneswar: The opposition BJP and Congress members on Wednesday created a ruckus in the Odisha Assembly once again over then Odisha Health Minister Naba Kishore Das’ murder case.
The House witnessed several adjournments during the pre-lunch session as the Opposition members stalled the proceedings.
On the passing of two months of the murder of the then health minister, the Opposition members raised the issue during the zero hour and alleged that the state government is trying to cover up the issue.
The BJP legislators also held a dharna near the entrance of the Assembly in protest against the slow probe process.
“Two months have passed since the murder of Naba Das. But it is still unclear what the motive was and who was behind the murder. The murder was committed as part of a conspiracy,” said Leader of Opposition Jayanarayan Mishra from BJP.
He said the police are trying to cover up the case as “many bigwigs are involved”.
“Odisha Police are telling new stories. There was no result in the investigation. When the Assembly session gets over, the government will suppress this incident like the Mahanga double murder case and any other incident,” Mishra alleged.
Supporting the LoP, Congress Legislature Party Leader Narasingha Mishra said that the doctors’ team has already made it clear that Gopal Das, the prime accused in the murder case, is not mentally unstable. He also criticised the government for not “declaring Gopal Das mentally unstable”.

Senior BJD legislator Arun Sahoo, meanwhile, said the Opposition is unnecessarily making it an issue.
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#Opposition #slams #Odisha #govt #Naba #Das #murder #case
( With inputs from www.siasat.com )

March 29, 2023
Gujarat judge nixes 3-month jail for Mevani, 9 others in 2017 case

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Mehsana: A sessions court in Gujarat’s Mehsana district on Wednesday set aside a lower court order sentencing Congress MLA Jignesh Mevani and nine others to three months in jail in a 2017 case of taking out a public rally without police permission, noting debates and bona fide criticism of government actions are essential for the existence of democracy.
In its judgment, the sessions court also quoted former US President Abraham Lincoln, “Those who deny freedom to others deserve it not for themselves, and under a just God, cannot long retain it.”
Observing that the entire case of prosecution was baseless and without any substance or evidence, Additional Sessions Judge CM Pawar allowed the appeal of Mevani, Aam Aadmi Party (AAP) leader Reshma Patel, and others against the May 2022 order of a judicial magistrate court which had found them guilty under sections 143 (unlawful assembly) of the Indian Penal Code (IPC).
Following the conviction, the magistrate’s court had sentenced them to three months in jail.
The case dates back to July 2017 when an FIR (first information report) was lodged against Dalit rights activist Mevani and others at the Mehsana ‘A’ division police station for taking out an “Azadi march” from Mehsana town to Dhanera in Banaskantha district without police permission.
The rally was organised in support of rights of landless farmers of the region.
While setting aside the lower court’s order, the sessions judge observed that “deliberations, discussions, debates and bona fide dissent against policies of government and even bona fide criticism of action of government are essential for the existence of democracy in the nation.”
It also flagged the issue of misuse of power and process of law by authorities for suppressing the voice of people, and noted showing “dominance of power” is not unknown even in a democratic set up.

In a democracy, elected leaders are not meant to rule over people but to serve them, observed the sessions court.
“It is the pious duty of the ruler of every democratic nation to protect the rights of citizens without any fear of criticism for survival of the ethos of democracy in the nation,” it said.
Judge Pawar said if dissent or peaceful protest is branded as an offence in a democracy, then the right of freedom will have no place.
The accused persons had sought permission from authorities to organise a rally under the banner of Rashtriya Dalit Adhikar Manch to air grievances of members of the Dalit community.
Permission for the event was first granted by the executive magistrate via an order dated June 27, 2017, and later cancelled on July 7 on grounds of public disorder.
Despite this, the organisers decided to go ahead with their planned rally and were subsequently booked by the police under IPC section 143 (unlawful assembly).
At that time, Mevani was the independent MLA from Vadgam in Banaskantha district. The prominent Dalit leader was elected from the same Assembly seat in the December 2022 polls on a Congress ticket. He is also a working president of the Gujarat Congress.
An Ahmedabad court in September last year sentenced Mevani and 18 others to six months’ simple imprisonment in a 2016 case of rioting.
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( With inputs from www.siasat.com )

March 29, 2023
Hyderabad terror conspiracy case: Chargesheet filed against LeT men

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Hyderabad: The National Investigation Agency (NIA) filed a chargesheet against alleged Lashkar-e-Toiba (LeT) operatives who were targeting the city for terror attacks.
The Hyderabad police had arrested Mohd Abdul Wajid alias Zahed, Samiuddin alias Sami and Maaz Hasan Farooq alias Maaz last year and charged them with terrorist conspiracy. They allegedly raised funds and collected explosives to carry out recruitment into the LeT, the police said.
The NIA had taken over investigations into the case in January 2023 from Hyderabad Police. NIA investigations revealed that Zahed, Sami and Maaz were in touch with Farhatulla Ghori, an ‘individual terrorist’ listed by the government of India.
Simultaneously, they were also in league with Siddiqu bin Osman alias Abu Hanzala, Abdul Majeed alias Chotu and other LeT leaders and operatives, the NIA said. They had aimed to carry out bomb blasts at crowded places in Hyderabad City.
Farhatulla Ghori, Siddiqu bin Osman alias Abu Hanzala and Abdul Majeed alias Chotu are both based in Pakistan, said the NIA.
“Ghori recruited Zahed from cyberspace and sent funds to him through hawala channels. Zahed was tasked to recruit more persons into LeT and to carry out terrorist acts. Sami, Maaz and Mohammed Kaleem were instigated and prodded by Zahed to work for the LeT,” the NIA stated in a press release.
Four (04) hand grenades were dropped at an isolated spot near Manoharabad village on Hyderabad-Nagpur Highway (NH-44) on 28 September.2022. Zahed got the hand-grenade consignment collected through Sami and then gave one grenade each to Sami and Maaz with instructions to hurl the same at public gatherings during the Dusshera festival, the NIA added.
However, their intentions could not bear fruit as they were arrested by the Hyderabad police before the planned attacks. The grenades were recovered from their possession during a search of their houses. Rs 20 lakhs were also seized from Zahed., the NIA further added

The NIA, after ascertaining facts and filed a chargesheet on Wednesday against Zahed, Sami and Maaz under sections 120B, 153A of the Indian Penal Code (IPC), sections 4, 5, 6 of the Explosives Substances Act, 1908 and sections 13, 17, 18, 18B, 20, 38, 39 of the UA (P) Act, 1967.
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#Hyderabad #terror #conspiracy #case #Chargesheet #filed #men
( With inputs from www.siasat.com )

March 29, 2023
Gujarat Conman’s Wife Arrested In Cheating Case

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SRINAGAR: The wife of Kiran Patel, a conman who was arrested in Jammu and Kashmir for impersonating a high-ranking official from the Prime Minister’s Office (PMO), was taken into custody on Tuesday for attempting to illegally acquire an elderly citizens residence, reports appearing in media said.
As per a release by Ahmedabad city crime branch, Malini Patel was apprehended from a relative’s residence in Jambusar town of Bharuch district. A few weeks after her husband’s detention in Srinagar Kashmir, an initial information report (FIR) was filed against the couple on March 22, following which Malini Patel had been on the run.
According to the release, Malini Patel, who had previously been arrested in 2017 for cheating and criminal conspiracy charges filed against her at Naroda police station in Ahmedabad, has been taken into custody once again. It was stated that Kiran Patel, her husband, has faced similar charges in at least four cases in Gujarat and has previously also been detained.
The Ahmedabad city crime branch registered a case against the couple on March 22 under Indian Penal Code sections 420, 406, 120-b, and 170, and Kiran Patel was also held by Jammu and Kashmir police earlier this month when authorities became suspicious of his activities at a five-star hotel in Srinagar.

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#Gujarat #Conmans #Wife #Arrested #Cheating #Case
( With inputs from : kashmirlife.net )

March 29, 2023
Azam Khan records statement in Rampur court over 2019 case of dispute with neighbour

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Rampur: Senior Samajwadi Party leader Azam Khan on Tuesday appeared before a special court here and recorded his statement in connection with a case dispute with his neighbour.
According to the prosecution, the dispute had taken place in 2019.
The court has fixed April 1 as the next date of hearing.
Government advocate Pratap Singh Maurya said Mohammad Ahmed, the neighbour of Azam Khan, had got a case registered against the SP leader for forcibly entering his house, and attempting to kill him.
Four people including Azam Khan have been named as accused in this case.
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( With inputs from www.siasat.com )

March 28, 2023