New Delhi: The National Investigation Agency (NIA) of India court has ordered framing of charges against Lashkar e Taiba (LeT) founder Hafiz Saeed and Hizbul Mujahideen chief Syed Salahuddin, Hurriyat members including Yasin Malik, Shabir Shah, Masarat Alam, and others under various sections of Unlawful Activities Prevention Act (UAPA).
The charges have also been ordered against Kashmiri politician and former MLA Rashid Engineer, Businessman Zahoor Ahmad Shah Watali, Bitta Karate, Aftab Ahmad Shah, Avatar Ahmad Shah, Naeem Khan, Bashir Ahmed Bhat alias Peer Saifullah and several others under various sections of Indian Penal Code and UAPA including ‘criminal conspiracy, waging war against the country and unlawful activities’, etc, news agency ANI reported.
“The above analysis reflects that the statements of witnesses and documentary evidence have connected almost all the accused with each other and to a common object of secession, to the commonality of means they were to use, their close association under the guiding hand and funding of Pakistani establishment,” NIA special Judge Praveen Singh said in an order passed on March 16.
The court had noted that, during arguments, none of the accused has argued that individually they do not have a secessionist ideology or agenda or that they have not worked for secession or advocated for the secession of the erstwhile state of Jammu Kashmir from the Government of India.
Witnesses after witnesses have deposed that APHC, its factions after division and JRL had only one object and that was the secession of Jammu Kashmir from the Government of India.
The witnesses have connected accused Shabir Shah, Yasin Malik, Zahoor Ahmad Shah Watali, Naeem Khan and Bitta Karate to All Parties Hurriyat Conference (APHC) and JRL.
Another witness has connected Er Rashid to Zahoor Ahmad Shah Watali who in turn is closely intertwined with APHC and Pakistani establishment/ agencies, the Court noted.
However, the court also clarified that whatever has been expressed in this order is a prima facie opinion although, a detailed discussion of the evidence had to be done because the arguments were advanced by both sides in much detail.
Money for militancy funding was sent from and by Pakistan and its agencies and even the diplomatic mission was used to fulfil the evil design. Money for militancy funding was also sent by Hafiz Saeed, NIA Court noted.
According to NIA, various organizations such as Lashkar-e-Taiba (LeT), Hizb-ul Mujahideen (HM), Jammu and Kashmir Liberation Front (JKLF), Jaish-e-Mohammed (JeM) with the support of ISI of Pakistan, perpetrated violence in the valley by attacking civilians and armed forces.
It was further alleged that in the year 1993, the All Parties Hurriyat Conference (APHC) was formed to give a political front to secessionist activities.
NIA charge sheet submitted that the GoI received credible information that Hafiz Muhammad Saeed, Amir of Jammat-ud-Dawah and the secessionist and Hurriyat including the members of Hurriyat Conference have been acting in connivance with active militants of proscribed organizations like HM, LeT, etc for raising, receiving and collecting funds domestically and abroad through various illegal channels including hawala, as per the ANI report.
NIA also stated before the court that, this has been done for funding Hurriyat activities in Jammu Kashmir and as such, they have entered into a larger conspiracy for disrupting the valley by way of pelting stones at armed forces, systematically burning schools, damage to public property and waging war against India.
On this information, the Ministry of Home Affairs Indian directed the NIA to register a case.
Accordingly, the present case was registered by NIA for offences under sections 120B, 121, 121A of IPC and sections 13, 16, 17, 18, 20, 38, 39 and 40 of UAPA.
NIA further added that during the investigation, it was also revealed that APHC and other secessionists instigate the general public, especially the youth to observe strikes and to resort to violence especially stone pelting on the armed forces. This was done to create disaffection amongst the people of Jammu Kashmir towards the Government of India.
NIA also submitted that the investigation has revealed that the secessionists were mobilizing funds from all possible sources to fuel unrest and support the ongoing secessionist activities in Jammu and Kashmir.
The secessionists were getting funds from Pakistan, funds from Pakistan-based militant organizations and local donations, NIA claimed.
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