charge sheet - national investigation agency 1 of 42 charge sheet (under section 173 cr.p.c) in the...
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Page 1 of 42
CHARGE SHEET
(Under Section 173 Cr.P.C)
IN THE COURT OF THE LEARNED SPECIAL JUDGE, NIA, PATIALA
HOUSE, NEW DELHI
1. Name of the Investigation
Agency.
National Investigation Agency
(NIA)
FIR No and date RC - 06/2012/NIA/DLI Dated
10.09.2012
2. Final Report/Charge Sheet
No.
2 / 2013.
3. Date 17th July, 2013.
4. Sections of Law. Sections 121A and 123 of the
Indian Penal Code, 1860 and
Sections 17, 18, 18B and 20 of
the Unlawful Activities
(Prevention) Act 1967 as
amended by Act 35 of 2008.
5. Type of Final Report/Charge
Sheet
Charge sheet.
6. If Final Report Un-occurred/
false/ Mistake of
fact/Mistake of law/Non-
Cognizable /Civil Nature.
Not Applicable.
7. If Charge-sheeted:
Original / Supplementary.
Original.
8. Name of Investigation
Officer.
Vikas Vaibhav, IPS, SP/NIA
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9. Name of the Complainant Swayam Prakash Pani, IPS,
SP/NIA
10. Details of Properties
/Articles/ Documents
recovered/seized during the
investigation and relied
upon:
As per Annexure B & C
enclosed.
11. (11.1) Particulars of accused persons charge sheeted:
Name : Md. Danish Ansari @ Abdul Wahab @ Saleem @ Abdullah
(herein after referred as A-1)
Father’s Name : Md. Zafeer Ansari
Year/Date of Birth : 02.02.1993
Sex : Male
Nationality : Indian
Religion : Muslim
Occupation : Member/Cadre of Indian
Mujahideen (IM)
Address (Present) : Chakjora, Leharia Sarai,
Darbhanga, Bihar.
Address( Permanent) : Chakjora, Leharia Sarai,
Darbhanga, Bihar.
Whether verified : Yes
Date of Arrest : 21.01.2013
Under Acts & Sections (of
charge sheet)
: Sections 18, 20, 38(2) and 39(2)
of UA (P) Act 1967, as amended in
Act 35 of 2008.
Status of the accused : In the judicial custody of the
Learned NIA Special Court, New
Delhi
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(11.2) Particulars of accused persons charge sheeted:
Name : Mohd Aftab Alam @ Farooq @ Shaikhchilli @ Hafij Ji (herein after referred as A-2)
Whether verified : Yes
Father’s Name : Mohd. Ayub
Year/Date of Birth : 24 Yrs
Sex : Male
Nationality : Indian
Religion : Muslim
Occupation : Member/Cadre of Indian
Mujahideen (IM)
Address (Present) : Sakin Balwa, P.O. Adhang, Distt.
Jalalgarh, Purnea, Bihar.
Address( Permanent) : Sakin Balwa, P.O. Adhang, Distt.
Jalalgarh, Purnea, Bihar.
Date of Arrest : 05.2.2013
Under Acts & Sections (of
charge sheet)
: Sections 18, 19, 20, 38(2) and
39(2) of UA (P) Act 1967, as
amended in Act 35 of 2008.
Status of the accused : In the judicial custody of the
Learned NIA Special Court, New
Delhi
Page 4 of 42
(11.3) Particulars of accused persons charge sheeted:
Name : Imran Khan @ Zakaria @
Saleem @ Fazal @ Tabrez @ Raj
@ Patel
(herein after referred as A-3)
Whether verified : Yes
Father’s Name : Wajid Khan
Year/Date of Birth : 26.12.80
Sex : Male
Nationality : Indian
Religion : Muslim
Occupation : Member / Cadre of Indian
Mujahideen (IM)
Address (Present) : Peer Burhan Nagar, Near Masjid
Saleheen, Bhagya Nagar,
Nanded, Maharashtra.
Address( Permanent) : Peer Burhan Nagar, Near Masjid
Saleheen, Bhagya Nagar,
Nanded, Maharashtra.
Date of Arrest : 28.2.2013
Under Acts & Sections (of
charge sheet)
: Sections 18, 18 (B), 20, 38(2) and
39(2) of the UA (P) Act of UA (P)
Act 1967 as amended in Act 35 of
2008.
Status of the accused : In the judicial custody of the
Learned NIA Special Court, New
Delhi
Page 5 of 42
(11. 4) Particulars of accused persons charge sheeted:
Name : Syed Maqbool @ Zuber
(herein after referred as A-4)
Whether verified : Yes
Father’s Name : Syed Haji
Year/Date of Birth : 06.06.77
Sex : Male
Nationality : Indian
Religion : Muslim
Occupation : Member / Cadre of Indian
Mujahideen (IM).
Address (Present) : Sanatan Nagar, near Madina
Masjid Dharmabad, Nanded,
Maharashtra.
Address( Permanent) : Sanatan Nagar, near Madina
Masjid Dharmabad, Nanded,
Maharashtra.
Date of Arrest : 28.2.2013
Under Acts & Sections (of
charge sheet)
: Sections 18, 18(A), 18(B), 20,
38(2) and 39(2) of UA (P) Act 1967
as amended in Act 35 of 2008.
Status of the accused : In the judicial custody of the
Learned NIA Special Court, New
Delhi
Page 6 of 42
(11. 5) Particulars of accused persons charge sheeted:
Name : Obaid Ur Rehman
(herein after referred as A-5)
Whether verified : Yes
Father’s Name : Late Mohd. Hamaid
Year/Date of Birth : 22.01.90
Sex : Male
Nationality : Indian
Religion : Muslim
Occupation : Member / Cadre of Indian
Mujahideen (IM)
Address (Present) : 18/1/11/8, Gulshan Iqbal Colony
Chandrayan Gutta, Hyderabad,
Andhra Pradesh.
Address( Permanent) : 18/1/11/8, Gulshan Iqbal Colony
Chandrayan Gutta, Hyderabad,
Andhra Pradesh
Whether verified : Yes
Date of Arrest : 13.3.2013
Under Acts & Sections (of
charge sheet)
: Sections 18, 18 (B), 19, 20, 38(2)
and 39(2) of UA (P) Act 1967 as
amended in Act 35 of 2008.
Status of the accused : In the judicial custody of the
Learned NIA Special Court, New
Delhi
Page 7 of 42
12. Particulars of accused persons - not charge-sheeted.
Nil
13. (i) Particulars of witnesses to be : As per the list
examined enclosed in Annexure (A)
(ii) List/details of documents/Articles : As per the list enclosed in
Annexure (B) & (B1) and
Annexure (C)
14. If FIR is false, indicate action taken or proposed to
be taken u/s 182/211 IPC : Not applicable
15. Result of laboratory analysis : As per the list enclosed
in Annexure (D)
16. Brief facts of the case:
16.1 In pursuance of the directive of the Ministry of Home Affairs,
Government of India, vide Order No. F. No. 11011/21/2012-IS.IV
dated 29.3.2012, the National Investigation Agency, New Delhi,
India (NIA) registered a case as Regular Case No.
6/2012/NIA/New Delhi dated 10.09.2012 under Sections 121A &
123 of the IPC and Sections 17,18, 18A, 18B & 20 of the
Unlawful Activities (Prevention) Act, 1967 as amended by Act 35
of 2008, against the accused persons namely, 1. Yasin Bhatkal
@ Ahmed Zarrar @ Imran @ Asif @ Shahrukh, resident of No.
938, S M Zarrar Manzil, Jail Road, Maqdoom Colony, Bhatkal,
Karnataka, 2. Riyaz Bhatkal @ Ahmed, son of Ismail
Shahbandari, resident of Fatime Manzil, Tengingundi Cross,
Bhatkal, Karnataka, 3. Iqbal Bhatkal @ Mohammad, son of
Ismail Shahbandari, resident of Fatime Manzil, Tengingundi
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Cross, Bhatkal, Karnataka, 4. Mohsin Choudhary, son of
Ibrahim Ismail Choudhary, resident of Flat No. 3, Survey No. 49,
Maneesha Complex, Meetha Nagar, Kondhwa Khurd, Pune,
Maharashtra, 5. Amir Reza Khan @ Parvez @ Rizwan @
Muttaki, son of Ishaque Ali Khan, resident of Maheyan, PS
Mahantapur, District- Gaya, Bihar, 6. Tahsin Akhtar @ Monu
son of Wasim Akhtar resident of Maniarpur, PS Kalyanpur,
District- Samastipur, Bihar, 7. Dr. Shahnawaz Alam, son of
Shadab Ahmed, resident of Village/PO Sanjarpur, PS Saraimeer,
Tehsil- Nizamabad, District- Azamgarh, Uttar Pradesh, 8.
Asadullah Akhtar @ Haddi, son of Dr. Javed Akhtar, resident of
Near Ghulami ka Pura, Behind Tedia Masjid, District- Azamgarh,
Uttar Pradesh, 9. Ariz Khan @ Junaid, son of Zafre Alam,
resident of Kot Area, District- Azamgarh, Uttar Pradesh, 10. Md.
Sajid @ Bada Sajid, son of Late Quraishan, resident of
Village/PO Sanjarpur, PS Saraimeer, Tehsil- Nizamabad,
District- Azamgarh, Uttar Pradesh, 11. Md. Khalid, son of Late
Sageer Ahmed, resident of Village/PO Sanjarpur, PS Saraimeer,
Tehsil- Nizamabad, District- Azamgarh, Uttar Pradesh, 12. Mirza
Shadab Beg, son of Mirza Ahttesham Beg, resident of Raja ka
Kila, District- Azamgarh, Uttar Pradesh, who are absconding and
other persons for entering into a criminal conspiracy to wage war
against the Government of India, being members of the banned
terrorist organisation Indian Mujahideen(IM).
16.2 It was alleged that in furtherance of their conspiracy, some
functionaries of the Indian Mujahideen (IM) are undertaking
large scale recruitment/ induction of new members, for
commission of terrorist act, in various parts of the country with
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the active aid and support from their Pakistan based associates
and with their sleeper cells within the country to commit terrorist
act by causing Bomb Blasts at important and prominent places
in India especially in Delhi.
16.3 Source information revealed that Indian Mujahideen (IM)
operatives and its frontal organizations are receiving regular
funding from abroad to finance their terror activities.
16.4 During the investigation, the role of another five IM operatives,
namely Md. Danish Ansari @ Abdul Waheb @ Saleem @
Abdullah (A-1), Mohd Aftab Alam @ Farooq @ Shaikhchilli
@ Hafij Ji (A-2), Imran Khan @ Zakaria @ Saleem @ Fazal @
Tabrez @ Raj @ Patel (A-3), Syed Maqbool @ Zuber (A-4)
and Obaid Ur Rehman (A-5) transpired. They were involved in
the larger conspiracy of the IM to wage war against the
Government of India. They were subsequently arrested in
connection with the instant case for their substantial role in the
conspiracy and commission of offence. At present they are
under judicial custody of the Ld. Court.
17. Facts Disclosed During Investigation
17.1. Precedent to narrating the facts established during
investigation, a brief introduction of the terrorist organisation to which
the accused persons belong, would help in appreciating the facts
gathered during the course of investigation.
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17.2. Formation of the Indian Mujahideen and the hatching
of the conspiracy :- The Indian Mujahideen (herein after referred to
as IM) a terrorist organization proscribed under the provisions of the
Unlawful Activities (Prevention) Act 1967 (as amended in act 35 of
2008), was formed in or around the end of year 2003 after a group of
certain ultra radicalised Muslim youth segregated themselves from
the Students Islamic Movement of India (SIMI) in the aftermath of the
communal mobilisation caused due to factors like the Babri Masjid
demolition incident (1992) and the riots in Gujarat after the Godhra
incident (2002). These ultra radicalized youth belonged to different
parts of India and were chiefly associated with places like Bhatkal,
Azamgarh, Kolkata, Mumbai, Delhi and others. They entered into a
conspiracy to carry out terrorist attacks in different parts of India
with a motive to wage war against the Government of India, by
identifying and organising more such ultra radicalised Muslim youth on
religious lines and thereby forming a Jehadist group, to effect acts of
revenge against the perceived threats and biases faced by the
minority community. This outfit which was to be assisted by the
handlers from Pakistan. The Indian Mujahideen was banned by the
Government of India under the Unlawful Activities (Prevention) Act
as a terrorist organisation on 22nd June 2009.
17.3. Involvement of the Indian Mujahideen in terrorist
incidents :- Investigation disclosed that the role of the Indian
Mujahideen in the commission of terrorist incidents was revealed for
the first time from an email which was sent to certain media
channels/news networks, immediately after the bombings in the courts
of Varanasi, Faizabad (Ayodhya) and Lucknow in Uttar Pradesh, on
23.11.2007. Through this email, the Indian Mujahideen apart from
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claiming the responsibility for the UP Court Blasts, also claimed the
responsibility for the earlier terrorist incidents at Varanasi on 7.3.2006,
Mumbai Serial Blasts on 11.7.2006 and the Hyderabad Twin Blasts at
Gokul Chaat and Lumbini Park on 25.8.2007. The group further cited
Babri Masjid demolition and Gujarat riots as the major reasons for
their adopting the violent path. The Indian Mujahideen through further
emails also owned the responsibility for the terrorist incidents at Jaipur
on 13.5.2008, serial blasts in Ahmedabad on 26.7.2008, Delhi Serial
Blast on 13.9.2008 etc. During investigation, copies of the emails sent
by the operatives of the Indian Mujahideen to various media networks
were taken on production from the state investigation agencies and
analysed to understand the ideology and aims of the Indian
Mujahideen.
17.4. Radical Ideology of the Indian Mujahideen reflected in
the emails sent :- Investigation revealed that the ideology of the IM is
highly radicalised and poses a serious threat to the unity, integrity,
secular fabric and security of India. The operatives of the IM do not
believe in the Constitution of India and believe in waging war against
the Government of India, and nurse communal hatred against the
Hindu community. According to the mail sent before the Ahmedabad
serial blasts by the IM, they were “raising the illustrious banner of
Jihad against the Hindus and all those who fight and resist us, and
here we begin our revenge with the help and permission of Allah – a
terrifying revenge of our blood, our lives and our honour that will,
Insha-Allah, terminate your survival on this land.” The mail sent called
upon Hindus to “realise that the falsehood of your 33 crore dirty mud
idols and the blasphemy of your deaf, dumb, mute and naked idols of
Ram, Krishna and Hanuman are not at all going to save your necks
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from being slaughtered by our hands.” It demanded that Hindus
changed their attitudes lest “another attack of Ibn-e-Qasim sends
shivers down your spines, lest another Ghauri shakes your
foundations, and another Ghaznavi massacres you, proving your
blood to be the cheapest of all mankind.” In the email sent after the
serial blasts in Delhi on 13.9.2008, they mentioned that they wanted to
ensure that the “heart of India stops from beating.”
17.5. Disclosure of identity of IM Operatives after Batla
House Encounter in 2008 :- That the identity of some operatives of
the IM was disclosed for the first time after an encounter with the
Special Cell, Delhi Police at Batla house, Jamia Nagar, New Delhi on
19.09.2008, in which one member of the IM was arrested. Later, more
operatives of the banned outfit were arrested from other parts of the
country. During investigation by the Special Cell, Delhi Police, several
aspects related to the origin and the functioning of the IM were
revealed. The members of Indian Mujahideen executed the bomb
blasts under the directions of senior functionaries like Riyaz Bhatkal,
Iqbal Bhatkal, Yasin Bhatkal and Amir Reza Khan who are still
absconding from the clutches of the law of the land.
17.6. Investigation about the origin and activities of the IM at
Bhatkal:- The investigation carried out by the NIA in Bhatkal,
Karnataka, further revealed that around the end of the year 2003, the
accused persons Iqbal Bhatkal, Riyaz Bhatkal, Md. Ahmed Siddibappa
Zarrar @ Yasin Bhatkal and others who were earlier associated with
the SIMI, also a banned organization, entered into a conspiracy to
wage war against the Government of India. They decided to form a
new terrorist organisation called the Indian Mujahideen, to carry out
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terrorist attacks in different parts of India with a view to terrorize the
Indian citizens especially the majority community and to wage war
against the Government of India.
17.7. Details of important IM operatives involved in terrorist
acts:- That during the investigation, the roles of several persons
involved in the conspiracy resulting in several terrorist acts was
established. More specifically, the roles of the accused persons
namely 1. Yasin Bhatkal @ Md. Ahmed Siddibappa Zarrar @ Imran
@ Asif @ Shahrukh, 2. Iqbal Bhatkal @ Mohammad Iqbal, 3. Riyaz
Bhatkal @ Mohammad Riyaz, 4. Amir Reza Khan @ Parvez @
Rizwan @ Muttaki, 5. Tahsin Akhtar @ Monu, 6. Ariz Khan @
Junaid @ Wakas and 7. Asadullah Akhtar @ Haddi (All named in
the FIR of the instant case) and others, were revealed as principal
conspirators and executors in various heinous terrorist acts in different
parts of India including but not limited to the Jaipur Serial blasts on
13.5.2008, Ahmedabad Serial Blasts on 26.07.2008, Delhi Serial
Blasts on13.09.2008, Pune German Bakery blast during February,
2010, Chinnaswami Stadium, Bangalore Blasts on 17.4.2010,
Mumbai Serial Blasts on13.07.2011, etc.
17.8. Recruitment of cadres by the IM :- That investigation has
revealed that in pursuance of the conspiracy, the IM operatives made
efforts in different places in India to find new potential recruits. The
role of the operatives including Md. Ahmed Siddibappa Zarrar, Riyaz
Bhatkal, Iqbal Bhatkal, Aftab Alam @ Farooq (A-2), Imran Khan
(A-3), Syed Maqbool (A-4) and others in motivating several persons
to get recruited in the IM was established during investigation. The
initial recruits were drawn chiefly from the common contacts of the
Page 14 of 42
initial operatives who joined the IM. The modus operandi for
recruitment of new cadres was revealed during the investigation and
it was found that meetings were organised in places including
Darbhanga, Bihar and Hyderabad on the pretext of discussing
religious issues by senior IM operatives like Md. Ahmed Siddibappa
and Syed Maqbool (A-4) which were attended by several persons.
During these meetings the issues of perceived atrocities on the
Muslim community in India and abroad were discussed and the
persons motivated to attack other communities. Such persons who
were found to be susceptible / vulnerable were further radicalized and
motivated to join the IM. Regular contacts were made with such
persons by the senior IM operatives including Riyaz Bhatkal, Iqbal
Bhatkal and others, for further motivation to get them inducted.
17.9. Development of different modules of the IM :- The IM
operatives in pursuance of the conspiracy, gradually developed
different modules and sleeper cells in various parts of the country such
as in Delhi and at places like Darbhanga and adjoining districts in
Bihar, Nanded, Mumbai, Pune etc. in Maharashtra, Bhatkal in
Karnataka, Hyderabad in Andhra Pradesh and others.
17.10. Role of Md. Ahmed Siddibappa Zarrar in recruitment of
new cadres for the IM :- That the investigation has revealed that the
accused Md Ahmed Siddibappa Zarrar was instrumental in making
efforts to motivate young Muslim boys on the path of jehad in order to
further indoctrinate them and gradually induct them into the IM, while
staying in his hometown of Bhatkal. He contacted several students of
Anjuman Engineering College, Bhatkal including Fasih Mehmood r/o
Barh Samaila, Darbhanga, Bihar and Md Tarique Anjum Hassan r/o.
Nalanda, Bihar and motivated them for Jehad. He also travelled to
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Barh Samaila village in Darbhanga, Bihar along with Fasih Mehmood.
Later on in pursuance of the said conspiracy, around 2008, the
accused Md. Ahmed Siddibappa Zarrar adopted different alias names
viz. ‘Shahrukh’, ‘Asif’ and ‘Yasin’ etc. to conceal his actual identity and
associated with the IM operatives many of whom were originally
residents of Azamgarh, Uttar Pradesh. Md. Ahmed Siddibappa Zarrar
was earlier a member of the SIMI, also a banned outfit under the
Schedule of the UA (P) Act and nurtured communal views.
17.11. Involvement of Senior IM operatives Md. Ahmed
Siddibappa, Riyaz Bhatkal, Iqbal Bhatkal, Asadullah Akhtar, Ariz
Khan, Tahseen Akhtar and others in terrorist incidents
established during investigation by State Police Agencies :-
Investigation in the German Bakery, Pune Blast Case of February
2010 by the ATS, Maharashtra has established that Yasin Bhatkal @
Md. Ahmed Siddibappa Zarrar had played an active role in causing
the bomb blast which resulted the loss of several lives and the
destruction of property. Further, during investigation by the City Crime
Branch, Bengaluru, the role of Yasin Bhatkal @ Md. Ahmed
Siddibappa also surfaced along with the accused Aftab Alam @
Farooq (A-2) in the Chinnaswami Stadium, Bengaluru Blasts Case of
17.4.2010. The role of the said accused was corroborated in
commission of the aforesaid terrorist act during investigation by the
NIA. Therefore investigation established that Yasin Bhatkal @ Md.
Ahmed Siddibappa Zarrar @ Imran @ Asif @ Shahrukh along with
Aftab Alam @ Farooq (A-2), being the members of Indian Mujahideen,
have conspired to cause bomb blast and thereby indulged in waging
war against the Government of India. Further, during investigation by
the Special Cell, Delhi Police, the role of Yasin Bhatkal @ Md. Ahmed
Page 16 of 42
Siddibappa along with Riyaz Bhatkal and Iqbal Bhatkal became
evident in the Delhi Serial Blasts of 13.9.2008. Further, during
investigation of the Serial Blasts of Jaipur in 2008 by the ATS,
Rajasthan the role of accused persons namely Ariz Khan @ Junaid,
son of Zafre Alam, resident of Kot Area, District- Azamgarh, Uttar
Pradesh, Md. Sajid @ Bada Sajid, son of Late Quraishan, resident of
Village/PO Sanjarpur, PS Saraimeer, Tehsil- Nizamabad, District-
Azamgarh, Uttar Pradesh, Md. Khalid, son of Late Sageer Ahmed,
resident of Village/PO Sanjarpur, PS Saraimeer, Tehsil- Nizamabad,
District- Azamgarh, Uttar Pradesh, Mirza Shadab Beg, son of Mirza
Ahttesham Beg, resident of Raja ka Kila, District- Azamgarh, Uttar
Pradesh, who are also FIR named accused persons in the instant
case and who are absconding, has surfaced. In the Serial Blasts of
Ahmedabad in 2008, during investigation by the Crime Branch,
Ahmedabad Police the role of Yasin Bhatkal along with Riyaz Bhatkal
and Iqbal Bhatkal surfaced. Therefore it is established that IM
operatives including but not limited to Yasin Bhatkal along with Riyaz
Bhatkal and Iqbal Bhatkal, being the members of Indian Mujahideen,
have conspired to cause bomb blasts and thereby indulged in waging
war against the Government of India.
17.12. Development of new hideouts in Delhi in 2008-2009 by
Md. Ahmed Siddibappa Zarrar @ Yasin Bhatkal :- That investigation
has further revealed that the accused Md. Ahmed Siddibappa Zarrar
@ Yasin Bhatkal was looking for a safe hideout after the encounter
and arrest of the IM operatives by the Special Cell of the Delhi Police
on 19.9.2008. Md. Ahmed Siddibappa Zarrar @ Yasin Bhatkal was
trying to escape the clutches of the law in the wake of exposure of
identities of the operatives of the IM after the Batla house encounter
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and contacted his old associate and IM operative Md. Tarique Anjum
Hassan, known to him since the days when he was a student at the
Anjuman Engineering College, Bhatkal, in order to find a safe hideout
and took his assistance. Tarique was then working in Gurgaon, after
having worked in Dubai, where he had been in touch with Gauhar Aziz
Khomeini r/o Barh Samaila, PS Keoti, Darbhanga, Bihar. Gauhar Aziz
Khomeini, who had been introduced earlier to Yasin Bhatkal by Fasih
Mehmood during his visit to Darbhanga in 2003. Yasin Bhatkal’s
contact with Gauhar Aziz Khomeini was again re-established due to
his contacts with Tarique and it led to the establishment of a new
hideout in Shaheen Bagh, New Delhi. Md. Ahmed Siddibappa Zarrar
@ Yasin Bhatkal regularly met the other co-conspirators including
Md. Iqbal @ Iqbal Bhatkal and others at the hideout in Shaheen Bagh,
as identified from the photographs by the witnesses, during
investigation by the NIA.
17.13. Activities at Delhi Hideout at Shaheen Bagh in 2008-11
:- At the hideout in Shaheen Bagh, New Delhi, the accused Yasin
Bhatkal also associated Irshad Khan, Gauhar Aziz Khomeini and Md.
Qateel Siddiqui (deceased) indulged in the various activities of the
banned outfit. Md. Qateel Siddiqui (deceased), who hailed from the
same village of Gauhar Aziz Khomeini i.e. Barh Samaila was
instrumental in arranging hideouts for the accused Yasin Bhatkal in
Darbhanga, Samastipur and Madhubani in Bihar. Md. Qateel Siddiqui
(deceased) was recruited by Md. Ahmed Siddibappa Zarrar @ Yasin
Bhatkal who had adopted the new alias name of ‘Imran’. The
deceased Qateel Siddiqui made efforts / attempted to commit terrorist
act in Delhi by indiscriminate firing on citizens using firearms, however
he was injured due to malfunction of the arms and was treated from
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the same at the hideout in Shaheen Bagh, as confirmed by the person
who provided first aid and treatment.
17.14. Development of new Hideouts in Darbhanga, Bihar
during 2008-2011:- Investigation revealed that IM operative Md.
Ahmed Siddibappa Zarrar visited Darbhanga along with Qateel
Siddiqui (deceased IM operative) to find new hideouts and to examine
the possibility of new recruits for the banned terrorist outfit.
Investigation revealed that a hide-out was taken on rent from one Md.
Kadir at Jamalchak locality in Darbhanga by IM operatives Md.
Ahmed Siddibappa Zarrar and Kafeel Ahmed. At Sara Mohanpur,
Darbhanga another hideout was taken on rent, where Md. Ahmed
Siddibappa stayed along with the accused Aftab Alam (A-2), Asadullah
Akhtar and Ariz Khan in 2010-11. Further, another hide-out was taken
on rent from one Naukhej Alam at Dharampura locality in
Samastipur by deceased IM operative Qateel Siddiqui, r/o Barh
Samaila, Darbhanga and Md. Adil, hailing from Pakistan. Another
separate hide-out was taken on rent from one Naseer at Bhawwara
Chowk, locality in Madhubani by IM operatives Md. Adil. Regular
meetings were organised at these hideouts to formulate the plan and
to do preparatory works to achieve the objectives of the conspiracy i.e.
to cause terrorist activities, and were attended by IM operatives.
17.15. Efforts for the development of new hideouts at Kolkata
:- Further, the accused Md. Ahmed Siddibappa Zarrar also visited
Kolkata in 2009 along with Qateel Sidiqqui and stayed at the
residence of one Humayun for the furtherance of the activities of the
IM. During his stay at Kolkata, he tried to build his network there and
was arrested on suspicion in a case of theft by the Kolkata Police.
During arrest he revealed his assumed identity as Md. Arshad s/o. Md.
Page 19 of 42
Ashraf, which has been found to be non-existent, thus proving that the
accused is used to assuming new identities to conceal his actual
identity.
17.16. Arrest of the accused Md. Danish Ansari (A-13) from
Darbhanga, Bihar on 21.1.2013 :- That during the investigation it was
revealed that one Mohd. Danish Ansari (A-1) resident of Vill-
Chakjora, PS- Lehariasarai, Dist. - Darbhanga was recruited and
indoctrinated by Yasin Bhatkal with the assistance of Tahseen Akhtar
@ Monu and Kafeel Akhter. After being inducted and indoctrinated
with IM, Md. Danish Ansari (A-1) had regularly visited the hide-out of
the IM located at Sara Mohanpur, Darbhanga and had stopped visiting
the Dar-ul-Qitab-Sunna library, for the fear of arrest, after the arrest of
several other cadres of the IM by the Special Cell, Delhi Police in Delhi
Special Cell Case No. 54/2011. Further, it was also revealed that he
had worked closely with Yasin Bhatkal, who was introduced to him as
Imran by his friend and IM operative Tahseen Akhtar @ Monu. He
had also met several other IM operatives at the said hide-out of IM at
Sara Mohanpur. Accordingly, on the strength of Non-Bailable Warrant
of Arrest dated 17.01.2013, issued by the Ld. Spl. NIA court, New
Delhi, the said associate of Yasin Bhatkal, namely Mohd. Danish
Ansari (A-1), S/o Mohd. Zafir Ansari, resident of Village- Chakjora, PS
Lehariasarai, Dist. Darbhanga, Bihar, was arrested by NIA on
21.01.2013.
17.17. Indoctrination and role of the accused Md. Danish
Ansari (A-1) :- Investigation further revealed that during 2010, he
used to visit Dar-ul-Qitab-Sunna Library near Al-Hira Public School,
Darbhanga to read religious books. The Librarian of the said library,
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one Kafeel Akhtar (Chota Kafeel) and absconding accused Tahseen
@ Monu aroused his religious feelings and provoked for anti-national
activities and indoctrinated him in the IM module. After his (A-1)
induction to IM module, Tahseen @ Monu introduced him to Yasin
Bhatkal with the deceptive identity as Imran. Then Tahseen and Imran
started radicalising him for the Jehadi ideology by citing the incidents
of various atrocities on the Muslims viz. Babri Masjid demolition,
Gujarat riots etc. Tahseen Akhter @ Monu used to stay in a rented
room near Millat College in Darbhanga, and Yasin Bhatkal @ Imran
used to stay in another rented house at village Sara Mohanpur,
Darbhanga. Both Tahseen @ Monu and Imran became closely
associated with Md. Danish Ansari and started frequenting his house
for hatching a conspiracy. He met with other IM operatives namely
Daniyal @ Asadullah Akhtar @ Haddi, (FIR named accused in the
instant case) and Waqas @ Mota Bhai @ Ariz Khan @ Junaid (FIR
named accused in the instant case) at Sara Mohanpur hideout. In
pursuance of the said conspiracy, accused Md. Danish Ansari (A-1)
was given fictitious name as Abdullah (A-1) by Imran for hiding his real
identity. He actively participated in Darsh organized by IM operatives
with the aim of induction of potential recruits for the outfit in the month
of January, 2011 at Mohalla Shivdhara, Darbhanga where several IM
operatives including Imran, Tahseen, Kafeel Akhter were present.
17.18. Location of Arms Manufacturing Factory of the IM in
New Delhi :- In pursuance of the said conspiracy, accused Md Danish
Ansari during April, 2011, left Darbhanga on the direction of Imran and
reached Delhi to join him there. He was then taken to one factory
whose premises were being used by the IM for manufacturing parts of
small arms located at Mir Vihar area, New Delhi and introduced to
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Irshad Khan, being the owner of the said factory. At Mir Vihar factory
of New Delhi, Md. Danish Ansari (A-1) stayed for 25 days and was
personally involved in the illegal activities like manufacturing the parts
of arms. Md. Danish Ansari (A-1) was also introduced to Asadullah @
Dilkash @ Hamza who, along with him, stayed in the said factory. Md.
Danish Ansari (A-1), was given the fictitious name as Abdul Wahab by
Imran during the period of his stay at Delhi.
17.19. Location of the Hide-out of the IM in Darbhanga, Bihar
:- That Md. Danish Ansari (A-1) during his examination in police
custody, was further taken to Darbhanga to test the veracity of his
disclosure. At Darbhanga, he led NIA team to the hide out of Imran at
Sara Mohanpur and identified the house of Sahjahan Khatoon W/o
Md. Zamaluddin, where he used to visit and was associated with IM
operatives like Imran, Aftab Alam (A-2), Tahseen Akhtar, Asadullah
Akhtar, Ariz Khan and others. Since, Imran @ Yasin Bhatkal is a
proclaimed offender in a number of police cases of different states, the
photograph of Imran @ Yasin Bhatkal was obtained from the open
sources and shown to the members of the locality at Sara Mohanpur,
who had confirmed the presence of Imran who used to stay in the said
hide out i.e. the house of Sahjahan Khatoon W/o Md. Zamaluddin
located at Sara Mohanpur, Dist. Darbhanga. The photograph of Md.
Ahmed Siddibappa Zarrar as obtained from the Tahsildar, Bhatkal from
the election documents (Voter ID Card Photograph), was further
identified to be the same as Imran @ Yasin Bhatkal. Therefore, Md.
Danish Ansari (A-1), Yasin Bhatkal @ Imran @ Ahmed Siddibappa @
Sharukh, Aftab Alam @ Farooq (A-2), Tehseen Akhtar @ Monu,
Asadullah Akhtar, Ariz Khan @ Waqas and others, being members of
Indian Mujahideen, had concealed themselves in remote hide out of
Sara Mohanpur, Darbhanga to further their unlawful activities and thus
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committed the offence of conspiracy to wage war against the
Government of India.
17.20. Location of Training Sites of the IM in Darbhanga,
Bihar :- That Md. Danish Ansari (A-1), during the investigation, also
pointed out the site located in Darbhanga, Bihar where he, along with
other IM operatives, Waqas, Danial, Sheikh @ Farooq, Imran @
Yasin Bhatkal, Tahseen (A-6) @ Monu, had experimented the test
blasting and practised firing with fire-arms. It was also revealed that
Wakas (FIR named accused) who was an Electrician in the IM group
of operatives, had displayed different techniques of making electrical
circuits to make bombs. Md. Danish Ansari (A-1) had been trained in
Pistol firing. One test /experiment of bomb blast was carried out near
the fields of Sara Mohanpur, Darbhanga hide out. Thus, accused
Danish Ansari (A-1), Waqas, Danial, Sheikh @ Farooq, Imran @
Yasin Bhatkal, Tahseen @ Monu, being the members of Indian
Mujahideen, have committed the offence of the establishing of a
terrorist camp for imparting training to their cadre members in
furtherance to their conspiracy to wage war against the Government of
India,
17.21. Location of Dar-ul-Qitab-Sunna Library in Darbhanga,
Bihar :- That further, the accused Md. Danish Ansari (A-1), also led
the team of NIA to the Dar-ul-Qitab-Sunna Library, located near Al-
Hira School and identified the place where he first met the operatives
of Indian Mujahideen namely Kafeel Akhtar and Tahseen Akhtar @
Monu.
17.22. Results of Call Data Record Analysis :- CDR analysis of
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the mobile number (8083442720), which was used by Md. Danish
Ansari during April-May, 2011, clearly establishes that the location of
his mobile was in Delhi, which further establishes the fact that Md
Danish Ansari had visited Delhi and stayed in the Mir Vihar factory in
Delhi. This corroborates the statement recorded u/s. 161 Cr PC and
164 Cr PC of the accused Md. Danish Ansari (A-5) about the activities
of the banned terrorist organization, Indian Mujahideen in their hide
out at Mir Vihar, Delhi.
17.23. Analysis of Call Data relating to the accused Md.
Danish Ansari reveals his contact with other IM operatives :-
During investigation one mobile hand set with SIM card bearing
connection number 9430006842, registered in the name of Md Abdul
Karim, elder brother of the accused Md Danish Ansari was seized
from the possession of the accused Md Danish Ansari. It was further
revealed that he had used the mobile numbers 9905324189
(registered in his mother’s name) and 8083442720 to communicate
with his associates in the IM during different periods of time. The
analysis of other mobile numbers used by Md Danish Ansari indicated
that he was in contact from mobile number 8083442720 with the
numbers 7845548239, 7358140113 and 9504670748 being used by
IM operative Abdur Rehman and from the same mobile number was
also in contact with other IM operatives namely Gayoor Jamali
(9031420662), Kafil Ahmed (9934664326) and Dilkash (9211430236)
all arrested by Special Cell, Delhi Police in connection with FIR No.
54/11 of the PS Special Cell, New Delhi (the numbers of the different
IM operatives are revealed from the charge-sheet submitted by the
Delhi Police Special Cell in Case No. 54/11). Investigation further
revealed that absconding accused Tahseen Akhtar (9546650420) was
also in contact with the accused Danish Ansari (A-1) on mobile
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number 8083442720. The number 9546650420 used by accused
Tehseen Akhtar was found to be registered in the fake identity of one
Pradip Yadav.
17.24. Analysis of Call Data relating to the accused Md.
Danish Ansari reveals his stay in Delhi and contact with other IM
operatives :- Analysis of mobile number 9905324189 revealed that it
was registered in the name of Aayasha Khatoon, mother of Md.
Danish Ansari and was activated on 12/11/2010. The CDR of the
number from the period 01-01-2011 to 30-05-2011 revealed that the
accused Danish Ansari (A-1) had used the mobile set with IMEI no.
354302048292580 in the period from 24/03/11 to 30/05/11. The period
is important since he was keeping this hand set while staying at the
Mir Vihar factory in Delhi. During the period the tower location of
mobile phone number indicates that he left Darbhanga on 13.04.2011
and reached Delhi on 14.04.11. After reaching Delhi his tower
location was Mir Vihar, Nangloi up to 10.05.2011. His location was in
Darbhanga on 11.05.11. Further, analysis revealed that during his stay
at Mir Vihar factory and after his return to Darbhanga from Delhi, he
made several contacts with the absconder accused Tahseen Akhtar on
mobile number 9546650420. The use of mobile connection
9546650420 by absconder accused Tahseen Akhtar has also been
substantiated in the Charge sheet of Mumbai ATS in Crime no.
28/2011, 29/2011 and 30/2011 in Mumbai serial blasts case on
13.07.2011. Through, this mobile phone he was also in touch with
Gayoor Jamali (mobile number 9031420662) and Kafil Ahmed (mobile
number 9934664326). During analysis it was revealed that common
IMEI number 354302048292580 was used in SIM connection number
8083442720 and 9905324189 which strengthens the point that the
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accused Md Danish Ansari was handling both SIM connections. The
handset having IMEI number 354302048292580 was used by the
accused Md Danish Ansari in the period from 24/03/11 to 30/05/11.
17.25. Role of the accused Aftab Alam @ Farooq(A-2):-
Investigation revealed that one Farooq Shaikh @ Md. Aftab Alam @
Sheikhchilli @ Hafij ji (A-2), S/o Md. Ayub Resident of Sakin Balwa,
Adhang Jalagarh, District-Purnea, Bihar, was also residing in the same
building along with other inmates of the hide out like Imran, Danial and
Waqas. Further, investigation also revealed that the accused Farooq
on being motivated by the accused Md Ahmed Siddibappa Zarrar @
Imran @ Yasin Bhatkal who himself was involved in carrying out
terrorist attacks for the IM, had knowingly left his native place and
studies to actively engage himself in the activities of the banned outfit,
IM to wage war against the Government of India. In pursuance of the
conspiracy Farooq stayed together at a hideout located in Sara
Mohanpur, Darbhanga with the accused Yasin Bhatkal, and actively
assisted him in maintaining the hideout. Further, the accused Md.
Danish Ansari (A-1) in his statement recorded under Section 164 Cr
PC revealed that the said hideout was used to motivate and induct
new cadres like him and others to join the banned outfit, i.e. IM and
also while staying at the said hideout the accused Aftab Alam @
Farooq also assisted in the organizing of terrorist camps along with
other accused persons Danial and Wakas. Therefore, accused Aftab
Alam @Farooq (A-2) has committed the offence of the harbouring the
terrorist camp/hide out at Sara Mohanpur and assisted Yasin Bhatkal
in recruiting Danish Ansari (A-1) in the larger conspiracy in order to
strike terror attacks in the country.
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17.26. Arrest of the accused Aftab Alam @ Farooq(A-2):- That
the role of the accused Farooq Shaikh @ Aftab Alam @ Sheikhchilli @
Hafijji, S/o Md. Ayub Resident of Sakin Balwa, Adhang Jalagarh,
District - Purnea, Bihar, clearly emerged in the conspiracy and was
shown arrested in the instant case from judicial custody as he was
lodged in the judicial custody in connection with Delhi Special Case
FIR 54/11.
17.27. Role of Md. Aftab Alam @ Farooq(A-2) in commission
of terrorist acts by the IM:- That investigation further revealed that
the accused Farooq Shaikh @ Aftab Alam @ Sheikh chilli @ Hafijji (A-
2) was also involved in heinous crimes including the Blasts at
Chinnaswami Stadium Bengaluru on 17.4.2010, in which several
persons were injured and property was extensively damaged. Charge-
Sheet has been submitted by the Bangalore Police which brought the
allegation against the accused Farooq and established his culpability
in the said case. Investigation conducted by the NIA in places like
Tumkur in Karnataka has also corroborated his culpability, being
member of IM in said case. Further, the accused was also arrested
and charge-sheeted by the Special Cell, Delhi Police in FIR No.
54/2011. Thus, accused Md. Aftab Alam @ Farooq (A-2) has
committed the offence of being a member of banned terrorist
organization viz. Indian Mujahideen and involved in the larger
conspiracy of the said banned terrorist organization to wage war
against the Government of India.
17.28. Analysis of Call Data relating to the accused Aftab
Alam @ Farooq (A-2) reveals his contact with other IM operatives
:- During the arrest of accused Aftab Alam @ Farooq two mobile
numbers 8873829830 and 9576975487 were recovered from his
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possession by the Special Cell, Delhi Police. During examination by
Delhi Police, he stated that in addition to aforesaid numbers, he had
also used mobile number 8797199539 which was registered in the
name of Keli Dev Ganesh Sharma r/o 20 vill Hajari Pasi Len PO
Mirjanhat, Distt Bhagalpur, to communicate with his associates in IM.
The analysis of call data records by the NIA in respect of mobile
connection in the period from 07-01-2011 to 07-12-2011 revealed that
through the said number the accused Farooq (A-2) was in contact with
IM operative Gayoor Jamali (9279519591). The number 9279519591
used by Gayoor Jamali has been mentioned in the Charge sheet of
Special Cell, Delhi Police FIR No. 54/11. The phone number used by
accused Farooq was also found to be in contact with the absconding
IM operative Tahseen Akhtar (9546650420) on several occasions.
17.29. Arrest of Imran Khan (A-3) and Syed Maqbool (A-4) on
28.2.2013:- Investigation further revealed that another important part
of the larger conspiracy was hatched by the accused persons Riyaz
Bhatkal and Iqbal Bhatkal. They conspired to form another module of
Indian Mujahideen in Hyderabad and in pursuance of the conspiracy,
they inducted Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @
Raj (A-3) and Syed Maqbool @ Zuber (A-4) S/o Syed Haji, to further
the activities of the said proscribed organization i.e. IM. Investigation
also revealed that in pursuance of the said conspiracy, the said Imran
Khan and Syed Maqbool had carried out reconnaissance at different
places in Hyderabad under the direction of the accused Riyaz Bhatkal
and Iqbal Bhatkal to select targets for effecting serial bomb blasts in
Hyderabad. The said Imran Khan and Syed Maqbool, who were in
Judicial Custody in connection with the Special Cell PS, New Delhi
case No. 16/2012, were shown arrested by NIA in the instant case on
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28.2.2013.
17.30. Disclosure by Imran Khan and Syed Maqbool :- During
investigation it was disclosed that Imran Khan and Syed Maqbool had
carried out reconnaissance of different places in Hyderabad acting
upon the instruction of Riyaz Bhatkal. In pursuance of the conspiracy,
Imran Khan @ Zakaria travelled from Nanded to Hyderabad and
contacted Syed Maqbool @ Zuber during the approximate period of
May-June, 2012 for assistance. A meeting of the accused persons
took place at Hotel Sohail, Hyderabad, which was also attended by
other persons including Obaid ur Rehman (A-5), Abrar, Adnan and
some other friends of Maqbool. Further, during his stay at Hyderabad,
Imran Khan @ Zakaria along with Syed Maqbool @ Zuber with the
assistance of Obaid ur Rehman (A-5) carried out reconnaissance of
Begum Bazar, Dilsukh Nagar, Lal Darwaza and Raniganj in
furtherance of the conspiracy.
17.31. Reconnaissance of Hyderabad by the accused Imran
Khan and Syed Maqbool :- Investigation further revealed that Syed
Maqbool had hosted a party in the Sohail Hotel of Hyderabad in the
month of May/June, 2012 attended by Imran Khan, Obaid Ur
Rehman(A-5), Imtiaz Sami @ Saleem, Illias, Abrar, Sarmad Naser,
Chota Ezaz, Azmat and Adnan Ahmed @ Omer of Saidabad
(Hyderabad), attended the said party. The next day Obaid Ur Rehman
(A-5) arranged one motor cycle for Imran Khan @ Zakaria and Syed
Maqbool for the purpose of carrying out the reconnaissance of various
places in Hyderabad. After carrying out the reconnaissance of the
places in Hyderabad as mentioned, Imran Khan @ Zakaria left
Hyderabad.
17.32. Pointing out of places selected during reconnaissance
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in Hyderabad by the accused persons :- During the investigation
the above accused persons led the NIA team in Hyderabad for the
purpose of pointing the various places which were selected during
reconnaissance as potential targets such as TV Tower, Dilsukh Nagar,
Begum Bazar and Raniganj area etc. for effecting the terrorist acts in
pursuance of the conspiracy hatched by them under the direction of
senior operative of IM i.e. Riyaz Bhatkal. Thus, accused Imran Khan
(A-3) and Syed Maqbool (A-4), being the members of banned terrorist
organization, Indian Mujahideen, have committed the offence of
criminal conspiracy along with other IM operatives like Riyaz Bhatkal
and Iqbal Bhatkal with a view to strike terror in the targeted areas.
17.33. Role of the accused Imran Khan (A-3) in commission
of terrorist act at Pune :- Investigation revealed that the accused
Imran Khan @ Zakaria not only inducted the young recruits for the
said banned outfit in furtherance of the conspiracy, but also actively
participated in the planning and execution like carrying out serial
blasts in Pune city in August 2012. It was further revealed that the
accused Imran Khan has been charge-sheeted by the ATS,
Maharashtra after investigation of the Pune Blast Case of 1.8.2012.
Further, investigation was also conducted at the hide-out at Kasarvadi,
Pune where the accused Imran Khan had met the IM operatives
Shakir @ Danial @ Asadullah Akhtar and Ahmed @ Waqas @ Ariz
Khan @ Junaid, who actively planned and executed the Pune bomb
blast on 01.08.12 as established during investigation by the ATS,
Maharashtra. Thus, accused Imran Khan @ Zakaria, being the
member of banned terrorist organization, Indian Mujahideen, has
committed the offence of recruiting young persons to further the
activities of the said banned organization and also involved in the
conspiracy for causing the terrorist acts with intent to terrorize the
Page 30 of 42
common citizens of the India and to cause loss of human lives and
properties.
17.34. Role of Imran Khan(A-3), Syed Maqbool (A-4) and
Obaid-ur-Rehman (A-5) in recruitment of new cadres :-
Investigation revealed that the accused Syed Maqbool (A-4) used to
arrange meetings on the pretext of discussion of religious issues
affecting the Muslim community in India and abroad. During these
meetings, the persons attending were motivated to attack members of
other communities. Some members were further indoctrinated to join
the outfit.
17.35. Analysis of Call Data relating to the accused Imran
Khan (A-3) reveals his contact with other IM operatives :- During
the examination of accused Imran Khan @ Zakaria, he revealed that
he had used mobile numbers 9766305957, 8657620950, 7385171546
and 9897024362 to communicate with the IM operatives during
different periods. The analysis of the mobile number 8657620950
indicates that through this mobile number he was in contact with
Maqbool (A-4), who used mobile number 8149946736. Accused
Imran Khan from same mobile number was in contact with Maqbool
on 9849006710 and communicated with each other on several
occasions. He was also in contact with Maqbool on mobile number
9850241651 and communicated with each other. Again, analysis of
mobile number 7385171546 indicates that accused Imran Khan (A-3)
through this mobile number was in contatc with the accused Obaid ur
Rahman (A-5) who used mobile number 9700135144 and
communicated with each other. Accused Imran through this mobile
phone was also in contact with accused Maqbool on mobile number
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8149946736 and communicated with each other.
17.36. Analysis of Call Data relating to the accused Imran
Khan (A-15) reveals his travel to Hyderabad :- The analysis of call
data record with the tower location in terms of mobile number
8657620950 belonging to the accused Imran Khan (A-3) indicates
that the user was in Hyderabad during period from 9th to 11th May
2012. During the period, accused Imran had made/received many
calls to/from Maqbool from his mobile number 9849006710. On 11th
May, 2012 the tower location indicates that he left from Hyderabad.
The analysis of the Call data record with tower location in respect of
aforesaid number indicates that the accused Imran Khan was in
Hyderabad from 9th to 11th May 2012, which in turn establish the fact
that in pursusance of the conspiracy he had travelled to Hyderabad
to carry out the reconnaissance of prominent places and also
attended the party of Maqbool at Sohail hotel on the occasion of birth
of his daughter.
17.37. Analysis of Call Data relating to the accused Syed
Maqbool (A-4) reveals his contact with other IM operatives :-
Investigation revealed that accused Syed Maqbool had used mobile
numbers 9850241651, 9849006710, 8149946736, 8421004845,
9595053534, 9666464641 and 9985556541 to communicate with
other IM operatives. The analysis of aforesaid numbers indicates that
accused Maqbool, through mobile number 9850241651 had made
contact with Obaid-ur Rehman (A-5) on his mobile number
9700737044. Through the same mobile number he made contact with
Obaid-ur Rehman (A-5) in another mobile number 9700135144 on
several times. Again, accused Maqbool had used mobile number
9849006710 and made contacts with the accused Imran Khan on
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mobile number 8657620950 on several times. Again, accused
Maqbool used the mobile number 8149946736 to communicate with
Obaid ur Rehman(A-5) in mobile number 9700737044 and
communicated with each other on several times. From same mobile
number he had made contact with one another mobile number i.e
9700135144 used by Obaid-ur-Rehman on several times. He had also
used this number to communicate with the accused Imran Khan on his
mobile number 7385171546 and communicated with each other on
various occasions. Analysis revealed that Syed Maqbool through his
mobile number 9849006710 had communicated with Imran on
10.05.13 on his reliance Maharashtra number 8657620950 on several
occasions. The accused Imran Khan (A-3) had visited Hyderabad with
his Reliance mobile connection 8657620950 as established from the
call details.
17.38. The role of one Obaid ur Rehman (A-5) as a prime
associate of the accused persons strongly emerged during the
investigation at Hyderabad. The accused Obaid ur Rehman (A-5)
was arrested by the Bangalore Police and was lodged in judicial
custody in Bangalore Central Prison. Obaid ur Rehman (A-5) was
arrested in the instant case on 5.3.2013.
17.39. Travel to Nanded by the accused Obaid ur Rehman (A-
5):- It was revealed that the accused Obaid ur Rehman (A-5) had
travelled to Nanded to meet the co-conspirators which is further
confirmed during investigation at Nanded. One Abdul Mujeeb @ Mujju
@ Gabbu r/o. Nanded was also contacted by the accused Syed
Maqbool(A-4), Imran Khan(A-3), Obaid ur Rehman (A-5) and other IM
operatives including Asad Khan for getting recruited for activities of the
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said banned outfit.
17.40. Investigation has revealed that a hideout was taken on rent
in Hyderabad, where the accused Imran Khan (A-3) and IM operative
Asad Khan had stayed in pursuance of the conspiracy. Further, he
assisted the accused persons Imran Khan (A-3) and Syed Maqbool
(A-4) in conducting the reconnaissance for terrorist incident at
Hyderabad.
17.41. Conspiracy for further terrorist attacks:- During course
of investigation, several other facts emerged, which inter alia included
the plan to attack Buddhist sites, in retaliation to the alleged atrocities
committed against Rohingya muslims in Myanmar. The plan was being
made to carry out fidayeen strikes at Buddhist sites.
17.42. Analysis of Call Data relating to the accused Obaid ur
Rehman (A-5) reveals his contact with other IM operatives :-
Investigation further revealed that Obaid-ur-Rehman (A-5) had used
mobile numbers 7306346648, 9700737044 and 9700135144 to
communicate with his associates of IM. The mobile number
7306346648 was registered in his name i.e Obaid ur Rahman S
Hamaid r/o 18-1-350/11/b, Chadrayangutta, Hyderabad. He had used
different handsets with IMEI numbers to communicate with his
associates. These were 351505047314330, 352865052567580,
354854046837020, 356796026517770 and 359755048363780 in the
period from 03.01.12 to 28.01.13. Again, in respect of mobile number
9700737044 he had used IMEIs 351544044356810,
353272057065280, 353673052926640, 355970047467480,
356919033183620 and 359339035784840 in the period from 12.02.12
to 10.12.12. Again, in respect of mobile number 9700135144 he had
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used IMEIs 355376043115700, 356272048808730,
356931035232810, 357884049224500, 357902049783440,
359798030734810, 865475017310000 and 865475017510000 in
between period 13.03.12 to 31.12.12. The usage of different handsets
by the accused Obaid-ur- Rehman (A-5) establishes his nefarious
designs with a view to avoid tracking by law enforcement agencies
and for safely executing the conspiracy of the IM. Further analysis
revealed that the accused Obaid-ur Rehman through his mobile
number 9700737044 had been in contact with accused Maqbool on
his mobile numbers 9985556541 and 8149946736. Again, accused
Obaid Ur Rehman through mobile number 9700135144 was in contact
with the accused Maqbool on mobile numbers 9985556541 and
8149946736 and communicated with each other. Through this mobile
number accused Obaid Ur Rehman was also in contact with accused
Imran on mobile number 7385171546 and communicated with each
other.
17.43. Communication between Riyaz Bhatkal, Iqbal Bhatkal
and the conspirators in Hyderabad and Maharashtra :- During
investigation the activities of the accused Imran Khan (A-3) in
Hyderabad and Pune were confirmed. The Call Detail Records
(CDRs) of the accsued persons Imran Khan (A-3) and Syed Maqbool
(A-4) also shows their presence at Hyderabad during the relevant
period and establishes communication with other IM operatives. The
e-mail/chat forums through which they were communicating with each
other, also establish that the accused persons Imran Khan (A-3) and
Obaid-ur-Rehman (A-5) were in contact with Riyaz Bhatkal and Iqbal
Bhatkal.
Page 35 of 42
17.44. That, one mobile phone was recovered from the
possession of accused Md Danish Ansari (A-1) at the time of his
arrest from Darbhanga, which was subsequently sent to CFSL,
Chandigarh and expert opinion in terms of seized exhibit was
obtained, which corroborated the afore discussed findings and
strengthen his culpability in instant case. Further, during investigation
the recovered emails from the possession of accused Imran Khan and
Obaid-ur-Rehman packed in sealed state in sterile DVD were sent to
CFSL, Chandigarh for scientific analysis, the result of which is
awaited.
17.45. That the aforementioned facts and circumstances prima
facie establish that the accused persons namely Md. Danish Ansari
@ Abdul Waheb @ Saleem @ Abdullah (A-1), Mohd Aftab Alam @
Farooq @ Shaikhchilli @ Hafij Ji (A-2), Imran Khan @ Zakaria @
Saleem @ Fazal @ Tabrez @ Raj @ Patel (A-3), Syed Maqbool @
Zuber (A-4) and Obaid Ur Rehman (A-5), arrested and under judicial
custody in the instant case, being members of proscribed organization
“Indian Mujahideen”, hatched conspiracy for commission of terrorist
act and attempted to commit terrorist act, abetted, incited and
knowingly facilitated, in collusion with top operatives of IM outfit who
are absconding, with intent to threaten the unity, integrity, security and
sovereignty of India and with intent to strike terror among the citizens
of India, for effecting the death of and injuries to persons, loss of,
damage to and destruction of property. For the furtherance of the
conspiracy they recruited and caused to be recruited new cadres for
commission of terrorist act and organized terrorist camps / caused to
be organized such camps for imparting training in terrorism to the new
recruits. To facilitate the objective of the conspiracy, the arrested
accused not only knowingly or voluntarily harbored and concealed the
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IM operatives being fully aware that such person(s) is/are terrorist(s),
but also associated themselves to further the activities of the said
banned outfit by inviting and giving support to execute the activity of
the said terrorist outfit.
17.46. That from the investigation of the case and the
aforementioned discussion, it is established that Md. Danish Ansari
@ Abdul Waheb @ Saleem @ Abdullah (A-1) s/o Md Zafeer Ansari
r/o Chakjora, Leharia Sarai, Darbhanga, Bihar, as a member of
terrorist organization “Indian Mujahideen” entered into a conspiracy
along with the other co-conspirators for commission of terrorist act
against Government of India, with the intent to threaten the unity,
integrity, security and sovereignty of India and with intent to strike
terror in the people in India, by causing death of and injuries to
persons, loss of, damage to and destruction of property. Being
member of terrorist outfit, he had voluntarily and actively participated
in preparatory acts like experimenting test blast at Sara Mohanpur
village at Darbhanga by associating himself with other top operatives
of IM being fully aware that they were wanted accused and involved in
several terrorist activities in India. For the furtherance of conspiracy
with intent to strengthen the outfit, he travelled to Delhi and played his
part in setting up the Arms factory at Mir Vihar in Delhi in collusion with
wanted and arrested member of the outfit. He was constantly in touch
with top operatives of IM including Yasin Bhatkal and Tahseen Akhtar
knowing that they are wanted accused by the several State Police for
their involvements in heinous crimes like bomb blasts. He not only
maintained contact with various members of the banned outfit but also
facilitated them in various illegal activities which were not limited to
arranging “Darz” programme at Darbhanga to explore the potential
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recruit for the outfit, participating in meeting at the Sara Mohanpur
hideouts towards the fulfillment of the objectives of the conspiracy and
other activities in contravention of the law. Thus, he has committed
offences under sections 18, 20, 38(2) & 39(2) of UA (P) Act 1967 as
amended in act 35 of 2008.
17.47. That from the investigation of the case and the
aforementioned discussion, it is clearly established that Mohd Aftab
Alam @ Farooq @ Shaikhchilli @ Hafij Ji (A-2) s/o Md Ayub r/o Vill-
Sakin Balwa, P.O.- Adhang, Jalalgarh, Dist- Purnea (Bihar), being a
member of terrorist organization “Indian Mujahideen” entered into a
conspiracy along with the other co-conspirators for commission of
terrorist act against Government of India, with the intent to threaten
the unity, integrity, security and sovereignty of India and with intent to
strike terror in the people in India, by causing death of and injuries to
persons, loss of, damage to and destruction of property. He associated
himself with the terrorist organization and as a member of terrorist
outfit, he had voluntarily and actively participated in preparatory acts
for the purpose of commission of terrorist activities by involving
himself with other top operatives of IM being fully aware that they were
wanted accused and involved in several terrorist acts in India. Towards
fulfillment of the objective of conspiracy, he not only associated himself
with the IM cadres who executed the terrorist acts at Chinnaswamy
stadium, Bangalore, but also actively participated in commission of the
offence. For the furtherance of the conspiracy he knowingly and
voluntarily provided shelter and concealed the top operatives of IM at
Darbhanga being fully aware that they were involved in several
terrorist activities in India. He, with specific assigned work entrusted by
Yasin Bhatkal, the top operative of IM, had travelled to various places
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including Delhi, Bangalore with intent to knowingly assist the activities
of IM. He not only maintained contacts with various members of the
banned outfit but also facilitated them in various illegal activities which
were not limited to arranging “Darz” programme at Darbhanga to
explore the potential recruits for the outfit, participation in meeting at
the Sara Mohanpur hideouts towards the fulfillment of conspiracy and
other such activities which are proscribed by the law. Thus, he has
committed offences under sections 18, 19, 20, 38(2) & 39(2) of
UA(P) Act 1967 as amended in act 35 of 2008.
17.48. That from the investigation of the case and the
aforementioned discussion, it is established that Imran Khan @
Zakaria @ Saleem @ Fazal @ Tabrez @ Raj @ Patel (A-3) s/o Wajid
Khan r/o Peer Burhan Nagar, Near Masjid Saleheen, Bhagya Nagar,
Nanded, Maharashtra, being a member of terrorist organization
“Indian Mujahideen” entered into a conspiracy along with the other
co-conspirators for commission of terrorist act against Government of
India, with the intent to threaten the unity, integrity, security and
sovereignty of India and with intent to strike terror in India, by causing
death of and injuries to persons, loss of, damage to and destruction of
property. He had voluntarily and actively participated in preparatory
acts for commission of terrorist activities which includes
reconnaissance of potential targets for terrorist acts in Hyderabad city
along with Syed Maqbool @ Zuber and other IM operatives. He has
knowingly contacted Syed Maqbool @ Zuber at Hyderabad and held
meeting with other associates. He not only inducted the young recruits
for the said banned outfit in furtherance of the conspiracy, but also
actively supported and participated in the planning and execution of
the heinous acts like carrying out serial blasts in Pune city in August
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2012. Thus, he has committed offences under sections 18, 18B, 20,
38(2) & 39(2) of UA(P) Act 1967 as amended in act 35 of 2008.
17.49. That from the investigation of the case and the
aforementioned discussion, it is established that Syed Maqbool @
Zuber (A-4) s/o Syed Hazi r/o Sanatan Nager, Near Madina Masjid,
Dharmabad, Nanded, Maharashtra as a member of terrorist
organization “Indian Mujahideen” entered into a conspiracy along
with the other co-conspirators for commission of terrorist act against
Government of India, with the intent to threaten the unity, integrity,
security and sovereignty of India and with intent to strike terror in
India, by causing death of and injuries to persons, loss of, damage to
and destruction of property. He not only knowingly associated himself
with the terrorist organization as a member of terrorist outfit but also
organized meeting / camps for the commission of terrorist acts. He
had voluntarily and actively participated in preparatory terrorist acts for
the commission of terrorist activities which includes reconnaissance of
various spots to select as potential targets for executing terrorist act
under the instruction of senior operatives of IM. Towards fulfillment of
the objective of the conspiracy, he not only associated himself with the
IM cadres who planned and executed several terrorist activities
including the various bomb blasts in various parts of the country but
also provided support to IM operatives with intention to achieve the
objective of conspiracy. For the furtherance of the conspiracy he
knowingly and voluntarily conspired with top IM operatives and under
their direction with intent to strengthen the manpower he travelled at
various places and recruited the new members for the outfit. He not
only maintained contacts with various members of the banned outfit
but also facilitated them in various illegal activities which were not
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limited to arranging logistics for execution of terrorist acts, participating
in meeting with other IM activities towards the fulfillment of conspiracy
and other activities which is in contravention of law. Thus, he has
committed offences under sections 18, 18(A), 18(B), 20, 38(2) &
39(2) of UA (P) Act 1967 as amended in act 35 of 2008.
17.50. That from the investigation of the case and the
aforementioned discussion, it is clearly established that Obaid-ur-
Rehman (A-5) s/o Late Md Hamaid r/o 18/1/11/8 Gulshan Iqbal
Colony Chandrayan Gutta, Hyderabad, AP, being a member of
terrorist organization “Indian Mujahideen” entered into a conspiracy
along with the other co-conspirators for commission of terrorist act
against Government of India, with the intent to threaten the unity,
integrity, security and sovereignty of India and with intent to strike
terror in India, by causing death of and injuries to persons, loss of,
damage to and destruction of property. He associated himself with the
terrorist organization and as a member of terrorist outfit, and had
voluntarily and actively participated in preparatory acts for the
commission of terrorist acts which includes providing logistics for
reconnaissance of various spots to select as potential targets for
executing terrorist act under the instruction of senior operatives of IM.
Towards fulfillment of the objective of the conspiracy, he not only
associated himself with the people having criminal credentials who
were involved in several criminal cases but also extended the
support to IM operatives by providing them shelter with intention to
achieve the objective of conspiracy. He not only maintained contacts
with various members of the banned outfit but also facilitated them in
various illegal activities which were not limited to arranging logistics for
executing of terrorist activities, travelled to various places to meet
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senior functionaries to get instruction and participated in meeting with
other IM activists towards the fulfillment of conspiracy and other
activities which is barred by law. Thus, he has committed offences
under sections 18, 18(B), 19, 20, 38(2) & 39(2) of UA (P) Act 1967
as amended in act 35 of 2008.
17.51. The sanction for prosecution in respect of the
aforementioned accused persons namely, (1) Md. Danish Ansari @
Abdul Waheb @ Saleem @ Abdullah, (2) Mohd Aftab Alam @
Farooq @ Shaikhchilli @ Hafij Ji, (3) Imran Khan @ Zakaria @
Saleem @ Fazal @ Tabrez @ Raj @ Patel, (4) Syed Maqbool @
Zuber and (5) Obaid Ur Rehman, under Section 45(1) of Unlawful
Activities (Prevention) Act, 1967 has been obtained from the
competent authority vide Order No. I - 11011/47/2012-IS-IV dated
17.07.2013 and enclosed herewith. It is submitted that the accused
persons namely, (1) Md. Danish Ansari @ Abdul Waheb @ Saleem @
Abdullah, (2) Mohd Aftab Alam @ Farooq @ Shaikhchilli @ Hafij Ji,
(3) Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @ Raj @
Patel, (4) Syed Maqbool @ Zuber and (5) Obaid Ur Rehman, who
have been referred to as “A-1”, “A-2”, “A-3”, “A-4” & “A-5” respectively
herein above are referred to as “A-13”, “A-14”, “A-15”, “A-16” & “A-17”
respectively in the sanction for prosecution vide Order No. I -
11011/47/2012-IS-IV dated 17.07.2013.
17.52. It is, therefore, prayed that cognizance of these offences
punishable under the aforesaid Sections of Law, as mentioned
hereinabove vide paras 17.46 to 17.50 against accused persons
namely (1) Md. Danish Ansari @ Abdul Waheb @ Saleem @
Abdullah, (2) Mohd Aftab Alam @ Farooq @ Shaikhchilli @ Hafij
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Ji, (3) Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @ Raj
@ Patel, (4) Syed Maqbool @ Zuber and (5) Obaid Ur Rehman,
may be taken and process be issued against the accused persons to
face the trial in the court of Law in accordance with the provisions of
Law.
Dispatched on : 17.7.2013
No. of enclosures : 6
List of enclosures :
a. Annexure A (List of witnesses)
b. Annexure B & B-1 (List of documents and 164 Cr PC statements)
c. Annexure C (List of Material Evidence)
d. Annexure D (List of Expert Opinions)
e. Original Prosecution Sanction Order
Signature of the investigating Officer submitting the Final
Report/Charge sheet
Name: Vikas Vaibhav, IPS Superintendent of Police