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Page 1 of 108 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 (B) / 2013 3. Date 22 nd September, 2014. 4. Sections of Law. Sections 120B read with 121, 121A and 122 of Indian Penal Code, and Sections 17, 18, 18- A, 18-B, 19, 20, 21, 38 (2), 39 (2) and 40(2) of Unlawful Activities (Prevention) Act 1967 as amended in 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.

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Page 1 of 108

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 (B) / 2013

3. Date 22nd September, 2014.

4. Sections of Law. Sections 120B read with 121,

121A and 122 of Indian Penal

Code, and Sections 17, 18, 18-

A, 18-B, 19, 20, 21, 38 (2), 39

(2) and 40(2) of Unlawful

Activities (Prevention) Act

1967 as amended in 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.

Page 2 of 108

7. If Charge-sheeted:

Original / Supplementary.

Supplementary.

8. Name of Investigating

Officer.

Vikas Vaibhav, IPS,

Superintendent of Police, NIA

9. Name of the Complainant Swayam Prakash Pani, IPS,

Superintendent of Police, 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 : Riyaz Ahmed Shah @ Riyaz

Bhatkal @ Md. Riyaz @ Riyaz

Shahbandri @ Aziz @ Ahmad

Bhai @ Roshan Khan @ Shahid

@ Chta @ Chota

(herein after referred as A-10)

Father’s Name : Mohd. Ismail Shabandri

Year/Date of Birth : 19.05.1976

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Senior Member/Cadre of Indian

Mujahideen (IM)

Address (Present) : Absconding

Address( Permanent) : Fatima Manzil, Tengingundi Cross,

Madina colony, Bhatkal -581320,

District - Uttar Kanada, Karnataka.

Page 3 of 108

Whether verified : Yes

Date of Arrest : Not arrested

Under Acts & Sections (of

charge sheet)

: Sections 120B read with 121,

121A and 122 of the IPC, and

Sections 17, 18, 18-A, 18-B, 19,

20, 21 & 39 of UA (P) Act 1967,

as amended in Act 35 of 2008.

Status of the accused : Absconding

(11.2) Particulars of accused persons charge sheeted:

Name : Md. Iqbal @ Shabandri

Mohammed Iqbal @ Iqbal

Bhatkal @ Iqbal Shabandri @

Mohammad Bhai @ Bada Bhai

@ Habib @ Beboo/Bebo @ Bada

(herein after referred as A-11)

Whether verified : Yes

Father’s Name : Mohd. Ismail Shabandri

Date of Birth : 28/07/1968

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member/Cadre of Indian

Mujahideen (IM)

Address (Present) : Absconding

Address( Permanent) : Fatima Manzil, Madina colony,

Tengingundi cross, Bhatkal-

581320, District - Uttar Kannada

Karnataka.

Page 4 of 108

Date of Arrest : Not arrested

Under Acts & Sections (of

charge sheet)

: Sections 120B read with 121,

121A and 122 of the IPC, and

Sections 17, 18, 18-A, 18-B, 19,

20 & 39 of UA (P) Act 1967, as

amended in Act 35 of 2008.

Status of the accused : Absconding

(11.3) Particulars of accused persons charge sheeted:

Name : Md. Tahseen Akhtar @ Monu @

Hassan @ Sahil @ Sameer @

Shaikh @ Huzii @ hazi @ hss

(herein after referred as A-12)

Whether verified : Yes

Father’s Name : Md. Wasim Akhtar

Year/Date of Birth : 14/06/1990

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member/Cadre of Indian

Mujahideen (IM)

Address (Present) : In Judicial Custody

Address( Permanent) : Village - Maniarpur, PS Kalyanpur,

District- Samastipur, Bihar.

Date of Arrest : 05.05.2014

Under Acts & Sections (of

charge sheet)

: Sections 120B read with 121,

121A and 122 of the IPC, and

Sections 18, 18-A, 18-B, 19, 20,

21 & 39 of UA (P) Act 1967, as

amended in Act 35 of 2008.

Page 5 of 108

Status of the accused : In judicial custody

(11. 4) Particulars of accused persons charge sheeted:

Name : Ariz Khan @ Junaid

(herein after referred as A-13)

Whether verified : Yes

Father’s Name : Zafare Alam Khan

Year/Date of Birth : 30.07.1985

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member/Cadre of Indian

Mujahideen (IM).

Address (Present) : Absconding

Address( Permanent) : Mohallah- Bazbahadur, Kote Kila

Road, Azamgarh, Uttar Pradesh.

Date of Arrest : Not Arrested

Under Acts & Sections (of

charge sheet)

: Section 20 of UA (P) Act 1967

as amended in Act 35 of 2008.

Status of the accused : Absconding

(11. 5) Particulars of accused persons charge sheeted:

Name : Mohd. Sajid @ Bada Sajid @

Junaid @ Chikna @ Chikn

(herein after referred as A-14)

Whether verified : Yes

Father’s Name : Late Quaraishan Ahmed

Year/Date of Birth : 24 Yrs.

Page 6 of 108

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member/Cadre of Indian

Mujahideen (IM).

Address (Present) : Absconding

Address( Permanent) : Village PO- Sanjarpur, PS-

Saraimeer, Nizamabad, Azamgarh

(UP)

Date of Arrest : Not Arrested

Under Acts & Sections (of

charge sheet)

: Sections 120B read with 121,

121A of the IPC, and Sections 18,

20, and 39 of UA (P) Act 1967,

as amended in Act 35 of 2008

Status of the accused : Absconding

(11. 6) Particulars of accused persons charge sheeted:

Name : Dr. Shahnawaz Alam @ Dr

(herein after referred as A-15)

Whether verified : Yes

Father’s Name : Shadab Ahmed

Year/Date of Birth : 05.08.1985

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member/Cadre of Indian

Mujahideen (IM).

Address (Present) : Absconding

Address( Permanent) : V&PO- Sanjarpur, PS- Saraimeer,

Page 7 of 108

Nizamabad, Azamgarh (UP)

Date of Arrest : Not Arrested

Under Acts & Sections (of

charge sheet)

: Sections 120B read with 121,

121A of the IPC, and Sections 18

and 20, of UA (P) Act 1967,

as amended in Act 35 of 2008

Status of the accused : Absconding

(11. 7) Particulars of accused persons charge sheeted:

Name : Mirza Shadab Beg @ Engineer

@ Engr

(herein after referred as A-16)

Whether verified : Yes

Father’s Name : Mirza Ahtesham Beg @ Pappu

Year/Date of Birth : 01.01.1979

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member / Cadre of Indian

Mujahideen (IM).

Address (Present) : Absconding

Address( Permanent) : Mohallah- Raja Ka Quila, Raja

Saheb, PS- Kotwali, Azamgarh,

UP

Date of Arrest : Not Arrested

Under Acts & Sections (of

charge sheet)

: Sections 120B read with 121,

121A, and 122 of the IPC, and

Sections 17, 18, 18B, 20 and 39,

of UA (P) Act 1967,

Page 8 of 108

as amended in Act 35 of 2008

Status of the accused : Absconding

(11. 8) Particulars of accused persons charge sheeted:

Name : Amir Reza Khan @ Parvez @

Rizwan @ Muttaki @ riz @ rzz

(herein after referred as A-17)

Whether verified : Yes

Father’s Name : Late Ishaque Ali Khan

Year/Date of Birth : 05.01.1978

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member / Cadre of Indian

Mujahideen (IM).

Address (Present) : Absconding

Address( Permanent) : Village – Maheyan, PS –

Mohanpur, Gaya, Bihar and 38-D,

Mafidul Islam Lane, PS-

Beniapukur, Kolkata, West Bengal

Date of Arrest : Not Arrested

Under Acts & Sections (of

charge sheet)

: Sections 120B read with 121,

121A, of the IPC, and Sections 17,

18, 20 and 39, of UA (P) Act

1967,

as amended in Act 35 of 2008

Status of the accused : Absconding

Page 9 of 108

(11. 9) Particulars of accused persons charge sheeted:

Name : Mohd. Khalid @ Khld @ Asm @

Asim

(herein after referred as A-18)

Whether verified : Yes

Father’s Name : Sagir Ahmed

Year/Date of Birth : 01.01.1983

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member / Cadre of Indian

Mujahideen (IM).

Address (Present) : Absconding

Address( Permanent) : Village - Sanjarpur, PS-

Saraimeer, Nizamabad, Azamgarh

(UP)

Date of Arrest : Not Arrested

Under Acts & Sections (of

charge sheet)

: Sections 120B read with 121,

121A, of the IPC, and Sections

18, and 20 of UA (P) Act 1967,

as amended in Act 35 of 2008

Status of the accused : Absconding

(11. 10) Particulars of accused persons charge sheeted:

Name : Mohsin Choudhary @ Ashfaq @

Ali @ Afft @ Aftab

(herein after referred as A-19)

Whether verified : Yes

Page 10 of 108

Father’s Name : Ismail Ibrahim Choudhary

Year/Date of Birth : 06.11.1980

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member / Cadre of Indian

Mujahideen (IM).

Address (Present) : Absconding

Address( Permanent) : Manisha Complex, Plot No. 49,

First Floor, Meetha Nagar,

Kandwa, Pune

Date of Arrest : Not Arrested

Under Acts & Sections (of

charge sheet)

: Sections 120B read with 121,

121A, and 122 of the IPC, and

Sections 17, 18, and 20 of UA

(P) Act 1967,

as amended in Act 35 of 2008

Status of the accused : Absconding

(11. 11) Particulars of accused persons charge sheeted:

Name : Haidar Ali @ Abdullah @ Karia

@ Black Beauty @ Bhola

(herein after referred as A-20)

Whether verified : Yes

Father’s Name : Alam Ansari

Year/Date of Birth : 21.08.1988

Sex : Male

Nationality : Indian

Religion : Muslim

Page 11 of 108

Occupation : Member / Cadre of SIMI / Indian

Mujahideen (IM).

Address (Present) : Judicial Custody

Address( Permanent) : Vill-Khiriwayan, PO+PS

Madanpur, Aurangabad (Bihar)

Date of Arrest : 2.7.2014

Under Acts & Sections (of

charge sheet)

: Sections 120B read with 121,

121A and 122 of the IPC, and

Sections 17, 18, 18-B, 19, 20, of

UA (P) Act 1967, as amended in

Act 35 of 2008.

Status of the accused : Presently in Judicial Custody

(11. 12) Particulars of accused persons charge sheeted:

Name : Mohammed Saleem Ishaqui @

Salim Ishaqui @ Shehzad @

bigaduu @ Sheh

(herein after referred as A-21)

Whether verified : Yes

Father’s Name : Late. Ishaqui Mohammed Hussain

Year/Date of Birth : 27/02/1978

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member / Cadre of Indian

Mujahideen (IM).

Address (Present) : Absconding

Address( Permanent) : Ishaqui House 240 , Nashimun

Street, Magdoom Colony, Bhatkal-

Page 12 of 108

581320, District - Uttar Kannada

Karnataka. (Presently his family

members are residing at 2nd

Cross, KHB colony, Bhatkal.)

Date of Arrest : Not Arrested

Under Acts & Sections (of

charge sheet)

: Sections 120B read with 121 and

121A of IPC, and Sections 18 and

20 of UA (P) Act 1967, as

amended in Act 35 of 2008.

Status of the accused : Absconding

(11. 13) Particulars of accused persons charge sheeted:

Name : Afif Jailani @ Afeef @ Mota Bhai

(herein after referred as A-22)

Whether verified : Yes

Father’s Name : Dr. Hasan Bapa M.T.

Year/Date of Birth : 28/06/1973

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member / Cadre of Indian

Mujahideen (IM).

Address (Present) : Absconding

Address( Permanent) : Baithul Aman, H. No. 45 or 566,

Bunder Road, Bhatkal- 581320,

District - Uttar Kannada,

Karnataka.

Date of Arrest : Not Arrested

Under Acts & Sections (of : Sections 120B read with 121 and

Page 13 of 108

charge sheet) 121A of the IPC, and Sections 18,

and 20 of UA (P) Act 1967, as

amended in Act 35 of 2008.

Status of the accused : Absconding

(11. 14) Particulars of accused persons charge sheeted:

Name : Abu Rashid @ Sheikh @ Danda

(herein after referred as A-23)

Whether verified : Yes

Father’s Name : Akhlaq Ahmed

Year/Date of Birth : 08.07.1975

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member / Cadre of Indian

Mujahideen (IM).

Address (Present) : Absconding

Address( Permanent) : H/No. 85A, Sanjarpur, PS-

Saraimeer, Tehsil- Nizamabad,

Azamgarh, U.P.

Date of Arrest : Not Arrested

Under Acts & Sections (of

charge sheet)

: Sections 20 and 39 of UA (P) Act,

1967 as amended in Act 35 of

2008.

Status of the accused : Absconding

Page 14 of 108

(11. 15) Particulars of accused persons charge sheeted:

Name : Zia Ur Rehman @ Waqas @

Javed @ Javii @ Javu @ Nabeel

Ahmed @ Ahmed @ Mota Bhai

@ Jad @ Jadd

(herein after referred as A-24)

Whether verified : Yes

Father’s Name : Jalaluddin

Year/Date of Birth : 11.09.1989

Sex : Male

Nationality : Pakistani

Religion : Muslim

Occupation : Member / Cadre of Indian

Mujahideen (IM).

Address (Present) : Judicial Custody

Address( Permanent) : 296th, Mustafabad, Tehsil Gojara,

District Toba Tek Singh, Punjab,

Pakistan

Date of Arrest : 5.5.2014

Under Acts & Sections (of

charge sheet)

: Sections 120B read with 121,

121A and 122 of the IPC, and

Sections 18, 18-A, 18-B, and 20,

of UA (P) Act, 1967, as amended

in Act 35 of 2008

Status of the accused : In Judicial Custody

Page 15 of 108

(11. 16) Particulars of accused persons charge sheeted:

Name : Abdul Khadir Sultan Armar @

Sultan @ Shekhu @ Sheikh-ul-

Hadees @ Mulla @ Pandit @

Pujari @ Sult

(herein after referred as A-25)

Whether verified : Yes

Father’s Name : Hussain Shabbir Armar @ Shabbir

Hussain

Year/Date of Birth : 07/12/1975

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member / Cadre of Indian

Mujahideen (IM).

Address (Present) : Absconding

Address( Permanent) : Haji Manzil, Nawayat colony,

Bhatkal- 581320, District - Uttar

Kannada Karnataka. (Family

members presently residing at

No. SRS 351, Haneefabad, 1st

Cross, Madina Colony, Bhatkal)

Date of Arrest : Not Arrested

Under Acts & Sections (of

charge sheet)

: Sections 120B read with 121,

121A of the IPC, and Sections 18,

20 and 39 of UA (P) Act 1967, as

amended in Act 35 of 2008

Status of the accused : Absconding

Page 16 of 108

(11. 17) Particulars of accused persons charge sheeted:

Name : Mohammed Shafi Armar @

Shafi @ Chota Maula @ Chota

Nakuwa @ Atta Bhatkal

(herein after referred as A-26)

Whether verified : Yes

Father’s Name : Hussain Sabeer Armar @ Shabbir

Hussain

Year/Date of Birth : 27 yrs/ 2014

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member / Cadre of Indian

Mujahideen (IM).

Address (Present) : Absconding

Address( Permanent) : Haji Manzil, Nawayat Colony,

Bhatkal, Dist.- Uttar Kanada,

Karnataka.

Date of Arrest : Not Arrested

Under Acts & Sections (of

charge sheet)

: Sections 120B read with 121,

121A of the IPC, and Sections 18,

18B, 20 and 39 of UA (P) Act

1967, as amended in Act 35 of

2008

Status of the accused : Absconding

Page 17 of 108

(11. 18) Particulars of accused persons charge sheeted:

Name : Mohd. Hussain Farhan @

Farhan @ Jabroodh @ far @

frhn @ aslm

(herein after referred as A-27)

Whether verified : Yes

Father’s Name : Mohd. Farooque Damda

Year/Date of Birth : 19/09/1985 (Passport )

(02/10/1984 as per driving license)

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member / Cadre of Indian

Mujahideen (IM).

Address (Present) : Absconding

Address( Permanent) : 1474, Abu Naseeman, 2nd Cross,

Tuba Street, Azad Nagar, Bhatkal,

Dist.- Uttar Kanada, Karnataka.

Date of Arrest : Not Arrested

Under Acts & Sections (of

charge sheet)

: Sections 120B read with 121,

121A of the IPC, and Sections 18,

20 and 39 of UA (P) Act 1967,

as amended in Act 35 of 2008

Status of the accused : Absconding

(11. 19) Particulars of accused persons charge sheeted:

Name : Mohd. Rashid @ Sultan @ Rashid @ Abu Rashid (herein after referred as A-28)

Page 18 of 108

Whether verified : Yes

Father’s Name : Ansar-ul-Hassan @ Ansarul

Year/Date of Birth : 01.01.1977

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member / Cadre of Indian

Mujahideen (IM).

Address (Present) : Absconding

Address( Permanent) : Vill-Sanjarpur, PS- Saraimeer,

District-Azamgarh, UP.

Date of Arrest : Not Arrested

Under Acts & Sections (of

charge sheet)

: Sections 20 and 39 of UA (P) Act

1967,

as amended in Act 35 of 2008

Status of the accused : Absconding

(11. 20) Particulars of accused persons charge sheeted:

Name : Anwar Hussain @ Anwar @

Noor @ Husen

(herein after referred as A-29)

Whether verified : Yes

Father’s Name : Mohammed Sayeed Yusuf

Year/Date of Birth : 13.02.1976

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member / Cadre of Indian

Mujahideen (IM).

Page 19 of 108

Address (Present) : Absconding

Address( Permanent) : H.No. 254, Belni, Mavinkurva,

Bunder Road, Bhatkal, Uttar

Kanada, Karnataka

Date of Arrest : Not Arrested

Under Acts & Sections (of

charge sheet)

: Sections 20, 39 and 40 of UA (P)

Act 1967,

as amended in Act 35 of 2008

Status of the accused : Absconding

12. Particulars of accused persons - not charge-sheeted.

12.1

Name : Abu Faisal Khan @ Doctor

@Farhan @ Izhar @ Anwer @

Ajay @ Irshad

Whether verified : Yes

Father’s Name : Mohammed Imran Khan

Year/Date of Birth : 15.12.1984 ( Original)

15.06.1983 (As per documents)

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member of SIMI

Address (Present) : In Judicial Custody

Address( Permanent) : C/o Mohammad Imran Khan

R/o Alfa Medical Store, Juhu Lines

Wireless Road, Andheri ( West)

Mumbai-58

Date of Arrest : 10.02.2014

Page 20 of 108

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) - Documents

Annexure (C) - Materials

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. 11011/47/2012-IS.IV

dated 4.9.2012, 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, 2. Riyaz Bhatkal, 3. Iqbal Bhatkal, 4.

Mohsin Choudhary, 5. Amir Reza Khan, 6. Tahsin Akhtar @

Monu, 7. Dr. Shahnawaz Alam, 8. Asadullah Akhtar, 9. Ariz

Khan @ Junaid, 10. Md. Sajid @ Bada Sajid, 11. Md. Khalid,

12. Mirza Shadab Beg and other persons for entering into a

criminal conspiracy to wage war against the Government of

Page 21 of 108

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, in various parts of

the country with 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 During the investigation, the role of another five IM operatives

(not named in the FIR) namely 1. Md. Danish Ansari (A-1), 2.

Mohd Aftab Alam @ Farooq (A-2), 3. Imran Khan @ Zakaria

(A-3), 4. Syed Maqbool @ Zuber (A-4), and 5. Obaid Ur

Rehman (A-5) was revealed. They were involved in the larger

conspiracy of the IM to wage war against the Government of

India. They were arrested in connection with the instant case for

their substantial role in the conspiracy and commission of

offence. A Charge-Sheet was submitted on completion of the

investigation against them on 17th July, 2013. At present they are

under judicial custody of the Hon’ble Court.

16.4 During further investigation, two accused persons named in the

FIR: (1) Md. Ahmed Siddibapa @ Yasin Bhatkal (A-6) and (2)

Asadullah Akhtar @ Haddi (A-7), were arrested from Raxaul

on the 29th August, 2013. Subsequently involvement of two

more persons (1) Manzer Imam (A-8) and (2) Ujjair Ahmed @

Ozair Ahmed (A-9) surfaced, and they were arrested by the NIA

on 1.10.2013 and 30.10.2013 respectively. A Supplementary

Page 22 of 108

Charge-Sheet was submitted on completion of the investigation

against these four accused persons on 20th February, 2014. At

present they are under judicial custody of the Hon’ble Court.

16.5 During investigation so far the role / involvement of a total of

thirty-three (33) IM operatives / associates has emerged. As

stated above, Charge-sheet / Supplementary Charge-Sheet has

already been submitted earlier against nine (9) of the thirty-three

(33) accused persons.

16.6 Investigation has now been completed against the other ten (10)

accused persons named in the FIR namely 1. Riyaz Bhatkal (A-

10), 2. Iqbal Bhatkal (A-11), 3. Md. Tahseen Akhtar @ Monu

(A-12), 4. Ariz Khan @ Junaid (A-13), 5. Md. Sajid @ Bada

Sajid (A-14), 6. Dr. Shahnawaz Alam (A-15), 7. Mirza Shadab

Beg (A-16), 8. Amir Reza Khan (A-17), 9. Md. Khalid (A-18),

10. Mohsin Choudhary (A-19), as well as ten (10) more

accused persons whose roles subsequently emerged during the

investigation, namely 11. Haidar Ali @ Abdullah @ Karia (A-

20), 12. Salim Ishaqui @ Shehzad @ Bigadu Khan (A-21), 13.

Afeef @ Mota Bhai @ Afif Jailani (A-22), 14. Abu Rashid @

Danda (A-23), 15. Zia ur Rehman @ Waqas (A-24), 16. Sultan

Armar @ Sultan (A-25), 17. Shafi Armar (A-26), 18. Mohd.

Hussain Farhan (A-27), 19. Mohd. Rasid @ Sultan (A-28), and

20. Md. Anwar Hussain @ Noor (A-29).

16.7 Of the above (in Para 16.6) named twenty (20) IM operatives

against whom the investigation has now been completed, the

accused persons Md. Tahseen Akhtar (A-12) and Zia ur

Rehman @ Waqas (A-24) were arrested in the instant case on

5th May, 2014, while the accused Haidar Ali @ Abdullah (A-20)

Page 23 of 108

was arrested on 2nd July, 2014, upon the strength of Production

Warrants earlier issued by the Ld. Court. The other seventeen

(17) accused persons named above are still absconding.

16.8 Investigation has also been completed against the accused Abu

Faisal Khan @ Ibrahim @ Doctor (an important cadre of the

SIMI, also a proscribed terrorist organization), who was arrested

in the instant case on 10.02.2014. During the investigation, the

association of the accused Abu Faisal Khan with other charge-

sheeted co- accused pesons namely Manzer Imam (A-8), Ozair

Ahmed (A-9) and Haidar Ali ( A-20) was revealed. However ,

sufficient prosecutable evidence establishing the role of the

afore said accused person in the instant case of conspiracy of

IM could not be obtained.

16.9 Further investigation under the provision of 173 (8) of Cr.P.C is

being continued against three more accused persons including

the one arrested accused person namely,1. Faizan Ahmed

Sultan (Date of arrest – 1.5.2014), and the two absconding

accused persons namely 2. Sadab Ahmed, and 3. Abdul

Wahid Siddibapa @ Khan.

17. Facts Disclosed During Investigation

17.1 The investigation conducted so far by the NIA has clearly established

the role of several operatives of the Indian Mujahideen in the planning

and actual commission of several terrorist incidents in different parts of

India. The roles and details about the involvement of the twenty (20)

accused persons against whom this present Supplementary Charge

Sheet is being submitted, is outlined in the succeeding paragraphs.

Page 24 of 108

17.2 Role and activities of Riyaz Ahmed Shah @ Riyaz Bhatkal @ Md.

Riyaz (A-10):- The role and involvement of the accused Md. Riyaz @

Riyaz Bhatkal has been clearly established during the investigation.

Several details about the activities of the accused A-10 have also

been pointed out in the Charge-Sheet dated 17th July, 2013, and the

Supplementary Charge-Sheet dated 20th February, 2014. The culpable

activities of the accused A-10, having been established during the

investigation include the following :-

a. Role of A-10 in the formation and growth of the IM :-

Investigation has established that the accused Md. Riyaz (A-10)

was earlier a member of the SIMI, also a banned outfit under

the Schedule of the UA (P) Act and nurtured ideology of

communal hatred on religious lines. The accused A-10 was one

of the founder members of the group named as “Usaba” which

also included other operatives like Iqbal Bhatkal, Yasin

Bhatkal (A-6), Shabbir, Sajid, Afeef, Sultan, Tariq Anjum,

Fasih Mahmood and others. Further, investigation has also

established that the accused A-10 was chiefly instrumental in

the growth and development of the IM, from the days of the

Usaba. The tasks of the Usaba assigned to A-10 included media

management. As per the statement recorded under section 164

CrPC of the accused A-6, it has been established that Riyaz

Bhatkal along with his brother Iqbal Bhatkal had motivated the

accused Md. Ahmed Siddibappa (A-6) to join armed struggle

named as Jihad against Hindus and other communities in India,

who were perceived to be acting against the interests of Islam.

As per the statement recorded under section 164 CrPC of the

accused Asadullah Akhtar @ Haddi (A-7), the accused Riyaz

Bhatkal further motivated the Bhatkal and Pune Modules.

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Members of the Bhatkal Module included 1. Afeef, 2. Salim, 3.

Sultan, 4. Farhan, 5. Shareef, 6. Khan and 7. Yasin Bhatkal

(A-6), while the members of the Pune Module included 1.

Peerbhoy, 2. Mohsin Choudhary, 3. Akbar Choudhary and 4.

Hasan. (Ref. Supplementary Charge-Sheet dated 20th February, 2014,

Paras. 17.8, 17.9, 17.35,17.36)

b. Early Activities at Bhatkal : - Investigation has established that

in or around Jan / Feb 2004, the accused Riyaz Bhatkal had

provided Rs. 40,000/- to the accused A-6 for establishing a

workshop to fabricate improvised weapons including knives and

swords to be used in the times of communal clashes by the

muslim community. (Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Para. 17.37)

c. Involvement of A-10 in Terrorist Acts :- The investigation by

NIA and other police agencies into several terrorist incidents

including but not limited to the Hyderabad Twin Blasts (2007),

Jaipur Serial Blasts (2008), Delhi Serial Blasts of 13.9.2008,

Serial Blasts of Ahmedabad and Surat in 2008, German

Bakery, Pune Blast Case of February 2010, Chinnaswami

Stadium, Bengaluru Blasts Case of 17.4.2010 has established

that the accused A-10 had played an active role in the

conspiracy leading to the actual commission of several bomb

blasts which resulted the loss of several lives and the

destruction of property. The details about the role of the accused

A-10 have already been mentioned in the earlier submitted

charge-sheets (dated 17th July, 2013 and 20th February, 2014).

(Ref. Charge-Sheet dated 17th July, 2013 Para. 17.11, Supplementary

Page 26 of 108

Charge-Sheet dated 20th February, 2014, Paras. 17.44, 17.45, 17.46,

17.47, 17.48, 17.49, 17.61, 17.65, 17.86, 17.87)

d. Establishment and Use of several Hideouts in India and

Pakistan by the accused A-10 :- In pursuance of the

conspiracy, the accused A-10 regularly met the other co-

conspirators at several hideouts in India and abroad. At the

hideout in Shaheen Bagh, Delhi, the accused made efforts to

develop a new module of the IM. Investigation has revealed

that after the blasts in Gujarat, Riyaz and Iqbal Bhatkal moved

to Mangalore. Anik, Asif, Akbar Choudhary, Mohsin

Choudhary, Majid, Fazlu Rahman stayed in Pune, while Saif,

Asadullah Akhtar @ Haddi, Atif Amin, Chota Sajid and Bada

Sajid were staying in Delhi. On 19th September 2008, Batla

House Encounter took place in which Atif Ameen and Chota

Sajid died in an encounter with the Special Cell of the Delhi

Police. The accused A-10 was then with A-6 and Iqbal as they

had planned to celebrate Eid at Kuppa Farmhouse. During the

stay in Delhi their alias names were as follows :- Riyaz (A-10)

was “Shahid”, Iqbal (A-11) was “Habib” and the accused A-6

was “Imran”. The accused A-10 visited Darbhanga and stayed

in the hideout near Hazma Chouraha along with Mohsin

Choudhary, Iqbal Bhatkal and A-6, along with one local resident

of Barh Samaila, PS Keoti, Darbhanga. Regular meetings were

organised at the hideout 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 which led to the development of a new module of the

IM. Around March, 2009, the accused A-10 along with A-11

travelled to Pakistan with the support of the ISI for the

Page 27 of 108

establishment of new base and hideout. During the

investigation, the location of one of the email accounts of the

accused Riyaz Bhatkal ([email protected]) was also

traced to Pakistan. Investigation revealed that the accused

persons Md. Iqbal, Md. Riyaz and Mohsin Choudhary had

escaped to Pakistan sometime around March, 2009 to evade

arrest in India, and to form the safe base of launching terrorist

activities in India from there using their contacts within India.

There they came in contact with the absconding IM operative

Amir Reza Khan, who had been sheltered earlier by the ISI.

Investigation further established that the accused Riyaz Bhatkal

along with A-11 and others, in order to strengthen the

organisation in Pakistan, called there other operatives based in

Dubai including Sultan @ Maulla, Salim Ishaqui @ Shajad,

Shabar, Afeef @ Mota Bhai and Farhan @ Jabroodh from

Dubai to Pakistan for assistance in the plans of the IM. They

were earlier working in Dubai, and had travelled on Indian

Passports. In Karachi, the accused Riyaz (A-10) had about ten

laptops and forty mobile phones, which were used by the team

there. (Ref. Charge-Sheet dated 17th July, 2013 Para. 17.12, 17.13,

Supplementary Charge-Sheet dated 20th February, 2014, Paras. 17.41,

17.51, 17.54, 17.55, 17.56, 17.59)

e. Communication with other cadres : - Investigation has

established that the accused A-10 during stay at his hideout

located in Karachi, Pakistan, used different email/chat accounts

which were created using fake identities to communicate with

other IM operatives like A-6, A-7 and others located in India and

Nepal. The fake identities were used as a tool of deception, in

case any surveillance may have been mounted by law

Page 28 of 108

enforcement agencies. The accused used a coded means of

communication using proxies for concealment of his nefarious

designs. The items recovered during the personal search of the

arrested accused persons A-6 and A-7, included several e-mail

ID’s of other IM operatives including the email Id of Waqas

([email protected]), and of Tahseen Akhtar @ Hassan

([email protected]), which was given to the accused A-6 by

Riyaz, to be used for contact with them and Nimbuzz ID of

Riyaz Bhatkal- menothing1. (Ref. Supplementary Charge-Sheet

dated 20th February, 2014, Paras 17.13 to 17.28, 17.110, 17.111, 17.112)

f. Code name / abbreviation of the accused in chats between

IM operatives:- In the chats between the accused persons

Asadullah Akhtar (A-7) and Mirza Shadab Beg, the code “Chta”

stood for Riyaz Bhatkal based in Pakistan.

g. Efforts of A-10 for the training of other IM cadres: - As

already discussed in the earlier Supplementary Charge-Sheet

dated 20th February, 2014, the investigation has established that

the accused A-10 had organised the training in Pakistan of the

accused persons A-6 and A-7. The accused Md. Riyaz (A-10)

had motivated the accused A-6 to go to Pakistan for weapon

training. The accused A-10 also reviewed several other options

to train IM operatives including training in Nepal hideout, private

Nepalese firms as suggested by A-6, and in the training

institutes of international terrorist organisations like the Al-

Qaeda and the Taliban. During Chat of A-6 with Riyaz on 24th

July, 2013, Riyaz told that he was planning to send someone

from Upar (Khyber Pakhtunkhwa/Afghanistan) to A-6’s hideout

and asked whether cover could be provided. The person

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planned to be sent was an expert and could make IED’s as well

as train other persons. (Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Para 17.123, 17.98, 17.39, 17.53)

h. Sending trained terrorists from Pakistan :- In pursuance of

the conspiracy, the accused A-10 sent into India trained

terrorists who were also Pakistani nationals including one Azmal

in the month of Aug. 2010, and Waqas @ Javed @ Mota Bhai

(A-24). Both operatives arrived in the hideouts located in Bihar

and were associated with other members of the group. While

Azmal along with the deceased IM operative Qateel Siddiqui

made efforts for firing on foreigners at Paharganj, the

absconding accused Waqas participated in several terrorist acts

including but not limited to the attack at Jama Masjid (Sep,

2010), Sheetlaghat, Varanasi Blasts (Dec, 2010), Mumbai Serial

Blasts (July, 2011), Pune JM Road Serial Blasts (Aug, 2012)

and Hyderabad Twin Blasts (Feb, 2013). (Ref. Supplementary

Charge-Sheet dated 20th February, 2014, Para 17.64, 17.65, 17.66)

i. Role of the accused Riyaz Bhatkal in the conspiracy for

conducting Bomb Blasts in Bodh Gaya: - During the

investigation of the instant case it was revealed that the

accused was a part of the conspiracy being planned in order to

conduct attacks in Bodh Gaya. (Ref. Supplementary Charge-Sheet

dated 20th February, 2014, Para 17.97)

j. Association with international terrorist organisations like

the Al-Qaeda and the Taliban :- In pursuance of the

conspiracy, the accused A-10 made efforts to associate the IM

with other international terrorist organisations like the Al-Qaeda

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and the Taliban in order to further intensify the war waged

against India. The accused A-10 visited the senior operatives of

the Al-Qaeda and discussed in detail for association of the IM

with the Al-Qaeda, and for the training of IM operatives by the

Al-Qaeda. The Al Qaeda asked A-10 to work towards the given

tasks of:- 1. Kidnapping of Jews and 2. For making network

in Burma for commission of terrorist activities there. During the

chats the accused A-10 has indicated his high level of

motivation to wage war against other communities, and even

mentioned (5th July, 2013) that he wanted that he should

receive shahadat by Drone attack, when visiting the area to

meet the leaders of the Al-Qaeda. During his stay at Pakistan,

the accused A-10 also formed association with a group of

Rohingya muslims engaged in terrorist activities. Investigation

has established that the accused A-10 apart from associating

with the activities of sister jihadi terrorist organisations also

sympathised with Jihadi minded terrorists of other organisations.

(Ref. Supplementary Charge-Sheet dated 20th February, 2014, Para

17.98, 17.114)

k. Association with the ISI of Pakistan :- Investigation has

established that in pursuance of the conspiracy, the accused A-

10 has remained closely connected with the ISI of Pakistan. The

ISI organised training of the IM operatives and also provided

shelter to several accused persons including A-10, after they

were wanted by Indian Courts for their involvement in terrorist

activities. The instances emerged during the analysis of the

Chats have been mentioned in detail in the Supplementary

Charge Sheet dated 20th February, 2014. (Ref. Supplementary

Charge-Sheet dated 20th February, 2014, Para 17.125)

Page 31 of 108

l. Planning for future attacks by the accused A-10: -

Investigation has established that in pursuance of the

conspiracy, the accused A-10 has been continuously plotting

newer methods and targets for the commission of terrorist acts

within India. Investigation has established that the accused

persons Waqas and others were working on the manufacture

and assembly of Improvised Explosive Devices using magnets

of small and medium size, which could enable the IED’s to be

stuck on to targets like cars and Oil/ Gas (LPG) containing trains

/ trucks to maximise the impact and destruction. Investigation

has established that the accused A-10 (Ref. Chat with A-6 dated

6th April, 2013) had tasked the absconding accused Waqas to

procure magnets. Riyaz mentioned his intentions about

targeting the police personnel whom he believed as pressurizing

one Tahseen (brother of the absconding accused Mohsin

Choudhary, whose family was being planned to be shifted to

Pakistan). The accused A-10 has clearly stated about his wish

of repeating the blasts in Mumbai to teach a lesson to the

police. Investigation has established that the accused A-10

appreciated the Maoist act (Ref. Chat with A-6 dated 1st June,

2013) of killing Congress leaders and postulated that the IM

should also do such activity like killing political leaders. (Ref.

Supplementary Charge-Sheet dated 20th February, 2014, Para 17.100,

17.120, 17.121, 17.122)

m. Plan for kidnapping:- Investigation has established that in

pursuance of the conspiracy, the accused A-10 directed the

accused A-6 and A-7, then staying at their hideout in Nepal, to

plan and kidnap someone of Jewish descent inorder to set free

Page 32 of 108

one Dr. Aafia Siddique. A plan for kidnapping of some rich Indian

businessman was also discussed. (Ref. Supplementary Charge-

Sheet dated 20th February, 2014, Para 17.101)

n. About plans to visit or establish hideouts in other countries

:- Investigation has established that in pursuance of the

conspiracy, the accused A-10 explored about establishment of

new international hideouts and transit routes for the IM

operatives. Further the accused A-10 guided the accused

persons A-6 and A-7 to obtain fake identity documents and

passports, in order to secure good cover for their activities in

Nepal. The accused A-10 also directed the accused A-6 to forge

contacts with the Maoists in Nepal for obtaining supply of arms

and ammunition. (Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Para 17.113, 17.115, 17.116, 17.117, 17.118, 17.119)

o. Effort to recruit new operatives for the IM by the accused in

association with A-6 :- Investigation has established that in

pursuance of the conspiracy, the accused A-10 apart from

recruiting several cadres directly into the IM also continuously

explored the possibilities of induction of new members for the

terrorist outfit. During investigation it has been revealed that

Iqbal and Riyaz Bhatkal lured the youngsters of Bhatkal to join

the Jihadi group. They also offered them huge fund for doing the

brain wash of youngsters so that they could recruit them for the

purpose of Jihad. (Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Para 17.9, 17.35, 17.36, 17.120)

p. Discussion with A-6 by A-10 about efforts to procure arms,

ammunition, explosives and suitable timers for conducting

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blasts :- In consultation with the accused A-10, the accused

person A-6 made efforts to make and procure explosives even

during his presence at the hideouts in Nepal, which was amply

reflected in the recovered chats. Acting upon the directions of

Riyaz Bhatkal, the accused A-6 tried to establish contacts with

the Maoists in Nepal for arms supply. Riyaz had also told A-6

that he has been trying to establish some contacts for procuring

weapons from Kashmir. Details emerged from the analysis of

the chat messages have already been mentioned in the earlier

Supplementary Charge-Sheet dated 20th February, 2014.

q. Receipt of funds from the ISI of Pakistan and other sources

and their distribution to IM operatives and their families:-

Investigation has established that in pursuance of the

conspiracy, the accused A-10 regularly sent funds for terrorist

activities and also for daily subsistence needs to other IM

operatives. Money was also regularly sent to the jailed IM

operatives and to the families of jailed or absconding IM

operatives. (Ref. Supplementary Charge-Sheet dated 20th February,

2014, Paras. 17.107, 17.108, 17.138)

r. Plan for shift of families of absconding operatives :-

Investigation has established that in pursuance of the

conspiracy, the accused A-10 made plans for shift of family

members of absconding operatives like A-6 and Mohsin

Choudhary to Pakistan via Nepal. (Ref. Supplementary Charge-

Sheet dated 20th February, 2014, Paras.17.136, 17.139)

17.3 Role of Md. Iqbal @ Shabandri Mohammed Iqbal @ Iqbal Bhatkal

(A-11): - The role and involvement of the accused Md. Iqbal @ Iqbal

Page 34 of 108

Bhatkal has been clearly established during the investigation. Several

details about the activities of the accused A-11 have also been

pointed out in the Charge-Sheet dated 17th July, 2013, and the

Supplementary Charge-Sheet dated 20th February, 2014. The

culpable activities of the accused A-11, having been established

during the investigation include the following :-

a. Role of A-11 in the formation and growth of the IM :-

Investigation has established that the accused Md. Iqbal (A-10)

was earlier a member of the SIMI, also a banned outfit under

the Schedule of the UA (P) Act and nurtured communal views.

The accused A-11 was one of the founder members of the

group named as “Usaba” which also included other operatives

like A-10, A-6 (Yasin Bhatkal), Shabbir, Sajid, Afeef, Sultan,

Tariq Anjum, Fasih Mahmood and others. Further,

investigation has also established that the accused A-11 was

chiefly instrumental in the growth and development of the IM,

from the days of the Usaba. The tasks assigned by Usaba to A-

11 included being the Amir (head) and making arrangements for

obtaining proper funds. As per the statement recorded under

section 164 CrPC of the accused A-6, it has been established

that Iqbal Bhatkal along with his brother Riyaz Bhatkal had

motivated the accused Md. Ahmed Siddibappa (A-6) to join

armed struggle named as Jihad against Hindus and other

communities, who were perceived to be acting against the

interests of Islam. (Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Paras. 17.8, 17.9, 17.35,17.36)

b. Involvement of A-11 in Terrorist Acts :- The investigation by

NIA and other police agencies into several terrorist incidents

Page 35 of 108

including but not limited to the Jaipur Serial Blasts (2008),

Delhi Serial Blasts of 13.9.2008, Serial Blasts of Ahmedabad

and Surat in 2008, German Bakery, Pune Blast Case of

February 2010, Chinnaswami Stadium, Bengaluru Blasts

Case of 17.4.2010 has established that the accused A-11 had

played an active role in the conspiracy leading to the actual

commission of several bomb blasts which resulted in the loss of

several lives and the destruction of property. The details about

the role of the accused A-11 have already been mentioned in

the earlier submitted charge-sheets (dated 17th July, 2013 and

20th February, 2014). (Ref. Charge-Sheet dated 17th July, 2013 Para.

17.11, Supplementary Charge-Sheet dated 20th February, 2014, Paras.

17.44, 17.45, 17.46, 17.47, 17.48, 17.49, 17.61, 17.65, 17.86, 17.87)

c. Establishment and Use of several Hideouts in India and

Pakistan by the accused A-11 :- In pursuance of the

conspiracy, the accused A-10 regularly met the other co-

conspirators at several hideouts in India and abroad. At the

hideout in Shaheen Bagh, Delhi, the accused along with A-6, A-

10 and others made efforts to develop a new module of the IM.

Investigation has revealed that after the blasts in Gujarat, Riyaz

and Iqbal Bhatkal moved to Mangalore. Anik, Asif, Akbar

Choudhary, Mohsin Choudhary, Majid, Fazlu Rahman stayed

in Pune, while Saif, Asadullah Akhtar @ Haddi, Atif Amin, Chota

Sajid and Bada Sajid were staying in Delhi. On 19th

September 2008, Batla House Encounter took place in which

Atif Ameen and Chota Sajid died in an encounter with the

Special Cell of the Delhi Police. The accused A-11 was then

with A-6 and A-10 as they had planned to celebrate Eid at

Kuppa Farmhouse. During the stay in Delhi their alias names

Page 36 of 108

were as follows:- Riyaz (A-10) was “Shahid”, Iqbal (A-11) was

“Habib” and the accused A-6 was “Imran”. The accused A-11

visited Darbhanga and stayed in the hideout near Hazma

Chouraha along with Mohsin Choudhary, A-10 and A-6, along

with one local resident of. Barh Samaila, PS Keoti, Darbhanga.

Regular meetings were organised at the hideout 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 which led to the development of a

new module of the IM. Around March, 2009, the accused A-11

along with A-10 travelled to Pakistan with the support of the ISI

for the establishment of new base and hideout. Investigation

revealed that the accused persons Md. Iqbal, Md. Riyaz and

Mohsin Choudhary had escaped to Pakistan sometime

around March, 2009 to evade arrest in India, and to form the

safe base of launching terrorist activities in India from there

using their contacts within India. There they came in contact

with the absconding IM operative Amir Reza Khan, who had

been sheltered earlier by the ISI. Investigation further

established that the accused Iqbal Bhatkal along with A-10 and

others, in order to strengthen the organisation in Pakistan,

called there other operatives based in Dubai including Sultan

@ Maulla, Salim Ishaqui @ Shajad, Shabar, Afeef @ Mota

Bhai and Farhan @ Jabroodh from Dubai to Pakistan for

assistance in the plans of the IM. They were earlier working in

Dubai, and had travelled on Indian Passports. (Ref. Charge-Sheet

dated 17th July, 2013 Para. 17.12, 17.13, Supplementary Charge-Sheet

dated 20th February, 2014, Paras. 17.41, 17.51, 17.54, 17.55, 17.56,

17.59)

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d. Communication with other cadres : - Investigation has

established that the accused A-11 during stay at his hideout

located in Karachi, Pakistan, often used different email/chat

accounts (including those of the accused A-10) which were

created using fake identities to communicate with other IM

operatives like A-6, A-7 and others located in India and Nepal.

(Ref. Supplementary Charge-Sheet dated 20th February, 2014, Paras

17.13 to 17.28, 17.110, 17.111, 17.112)

e. Code name / abbreviation of the accused in chats between

IM operatives:- During Chat of the accused Mohd. Ahmad

Siddibappa using his email ID/Chat ID [email protected]

with the accused Md. Riyaz @ Riyaz Bhatkal, currently

residing in Pakistan, at email [email protected], the

code/ abbreviation for communication was disclosed as

“Beboo/Bebo” for Iqbal Bhatkal. In the chats between the

accused persons Asadullah Akhtar (A-7) and Mirza Shadab

Beg, the code “Bada” stood for Iqbal Bhatkal based in Pakistan.

f. Relations of Iqbal Bhatkal with the ISI :- Investigation has

established that the accused Iqbal Bhatkal had associated

himself with the Pakistani agency called as ISI for obtaining

regular funding and infrastructural support for the IM operatives.

The accused A-11 was also summoned by the ISI officials on

certain occasions and given directions. Due to the closeness of

the ISI with A-11, there were occasional intra-organisational

rifts, as established during the investigation. (Ref. Supplementary

Charge-Sheet dated 20th February, 2014, Para 17.125)

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17.4 Role of Md. Tahseen Akhtar @ Monu @ Hassan (A-12): - The role

and involvement of the accused Md. Tahseen Akhtar @ Monu @

Hassan @ Huzi (A-12) has been clearly established during the

investigation. Several details about the activities of the accused A-12

have also been pointed out in the Charge-Sheet dated 17th July, 2013,

and the Supplementary Charge-Sheet dated 20th February, 2014. The

culpable activities of the accused A-12, having been established

during the investigation include the following :-

a. Initial radicalisation :- Investigation has established that the

accused A-12 was a student in MANNU Polytechnic in

Darbhanga, when he got introduced to the accused A-6 by his

associate Gayur Jamali. The duo would often meet at the Dar-

ul-Kitab-Sunna i.e. Library near Al-Hira School in Darbhanga,

and discuss issues facing the muslim community in India and

abroad. In the process, the accused A-12 was radicalised by the

accused A-6, and was motivated to find more recruits for the

banned terrorist outfit. In the statement recorded under section

164 CrPC, the accused Asadullah has mentioned that the

accused Yasin Bhatkal (A-6) had motivated persons of the

Darbhanga Module which included A-12 and others like 1.

Anwar, 2. Shaikhchilli (A-2), 3. Sayeed, 4. Abdullah (A-1), 5.

Gauhar, 6. Qateel Siddiqui and 7. Adil. (Ref. Charge-Sheet dated

17th July, 2013 Para. 17.17, 17.21, Supplementary Charge-Sheet dated

20th February, 2014, Paras. 17.9)

b. Code name / abbreviation of the accused in chats between

IM operatives:- In the Chats of the accused Mohd. Ahmed

Siddibappa using his email ID/Chat ID [email protected]

with the accused Md. Riyaz @ Riyaz Bhatkal, currently

Page 39 of 108

residing in Pakistan, at email [email protected], the

code/ abbreviation for communication was disclosed as “Huzi”

for the accused Tahseen Akhtar @ Monu. In the chats between

the accused Asadullah Akhtar and the accused Md. Riyaz @

Riyaz Bhatkal, the code “hss” and “hazii” stood for Hassan @

Monu @Tehsin of Bihar.

c. Communication with other cadres:- Investigation has

established that in pursuance of the conspiracy the accused A-

12 was regularly in contact with the absconding accused A-10,

based in Pakistan, by using the medium of internet chat. He

regularly informed about the developments on his side and also

obtained instructions from his handler in Pakistan, i.e. A-10.

Further, investigation also eastablished that A-10 had planned

for establishment of communication of A-12 and Waqas (A-24)

with the accused A-6, then based in Pokhara, Nepal, and had

sent the email addresses of Tahseen Akhtar @ Hassan (A-12)

as [email protected] and of Waqas (A-24) as

[email protected] to A-6, which were saved by A-6 and later

recovered during the personal search upon arrest of the

accused persons A-6 and A-7. The emails / chat accounts used

for communicating with other IM operatives were disclosed by

the accused person along with the codes after his arrest. The

same confirmed the revelations about the accused as

discussed in the chat communication recovered earlier

(between the accused persons A-6 and A-10). A request has

been sent under the Mutual Legal Assistance Treat to the USA,

to obtain the associated contents and other details. (Ref.

Supplementary Charge-Sheet dated 20th February, 2014, Paras. 17.103

(d), 17.106)

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d. Efforts for recruitment and training of new cadres :-

Investigation further established that after being inducted as an

IM operative, in pursuance of the conspiracy, the accused A-12

made efforts to recruit more cadres for the banned outfit

including the accused A-1. Further, he was also involved in the

training of new operatives of the Rajasthan module of the IM.

(Ref. Charge-Sheet dated 17th July, 2013 Para. 17.17, Supplementary

Charge-Sheet dated 20th February, 2014, Para. 17.103 (l))

e. Participation of the accused Tahseen Akhtar (A-12) in

terrorist acts :- Investigation has established that in pursuance

of the conspiracy, and acting upon the directions of the accused

persons A-10 and A-6, the accused A-12 involved himself in the

planning and execution of terrorist acts including but not limited

to the Blasts at Sheetlaghat, Varanasi (Dec, 2010), Serial

Blasts at Mumbai (July, 2011) and Twin Blasts at Dilsukhnagar,

Hyderabad (Feb, 2013). The details of the involvement of the

accused A-12 in the blasts have been mentioned by the

accused persons A-6 and A-7, in the statements recorded u/s.

164 CrPC. (Ref. Charge-Sheet dated 17th July, 2013 Para. 17.12,

17.13, Supplementary Charge-Sheet dated 20th February, 2014, Paras.

17.68, 17.73, 17.86, 17.87, 17.88, 17.91, 17.92)

f. Stay at several hideouts by the accused A-12 :- Investigation

has established that the accused A-12 in pursuance of the

conspiracy, maintained several hideouts and adopted alias

names. He regularly visited the hideouts located at Samastipur

and Darbhanga, which were being maintained by the IM

operatives A-2, A-6 and A-24. At the Darbhanga and

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Samastipur hideouts, the accused persons Waqas and Yasin

experimented for making explosive devices. At the Lodge in

Darbhanga, the accused A-12 used to keep acids and other

chemicals for experimentation about explosives, under the

guise of practise of Unani medicine. After the arrest of the IM

cadres in November, 2011 from Darbhanga and nearby places,

the accused A-12 shifted to a new hideout at Ranchi. He was

joind there by A-6. At Ranchi, the accused Mohd. Ahmed

Sidibapa @ Yasin Bhatkal pointed out the house of Hazi

Imtiaz as the hideout where he had stayed along with the

absconding accused Tahseen Akhtar @ Monu. The

photograph of Tahseen Akhtar @ Monu was identified by the

neighbour as having stayed there with a Hindu name. It was

further revealed that the absconding accused Tahseen during

the period of stay, used to put on Tilak on his forehead to

pretend as being a Hindu worshipper. A number of clothes of

the accused Tahseen Akhtar and also of Md. Ahmed

Siddibappa were duly seized upon being produced in a plastic

bag. The house owner, i.e. Hazi Imtiaz had segregated the said

clothes from the room and kept them separately for renting the

said room to other persons, as the accused persons had not

returned since long time. The DNA sample of the accused

matched with the items on comparison. From Ranchi, the

accused Tahseen Akhtar @ Monu shifted to the hideout at

Pokhara in Nepal along with the accused A-6 and stayed till

around June, 2012. A photograph of the accused A-12, of the

period of his Nepal stay was recovered from the digital data

seized from the accused persons A-6 and A-7, during their

personal search. Thereafter he shifted back into his hideouts

within India and continued to stay planning and executing

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terrorist activities. During September-October, 2013, the

accused stayed at hideouts in Delhi, and then again shifted to

Ranchi, Jharkhand. The accused thereafter stayed at hideouts

in Hyderabad and Mangalore, before shifting to hideouts at

Jaipur / Jodhpur in Rajasthan. (Ref. Charge-Sheet dated 17th July,

2013 Para. 17.19, 17.20, 17.21, Supplementary Charge-Sheet dated 20th

February, 2014, Paras. 17.55, 17.56, 17.74, 17.75, 17.82, 17.84, 17.85)

g. Role of A-12 in the Formation of the Ranchi Module : -

Investigation has established that in pursuance of the

conspiracy, the accused A-12 Tahseen Akhtar @ Monu during

his stay at Ranchi, acting upon the directions of the accused A-

10,contacted the SIMI operatives there for assisting and joining

the IM. One “Black Beauty” (secret code name) who was a

good friend of SIMI operative Manzer Imam was also known to

the accused Md. Ahmed Siddibappa @ Yasin Bhatkal (A-6) and

Md. Riyaz @ Riyaz Bhatkal. A-12 was successful in motivating

Black Beauty, later identified as Haidar Ali @ Abdullah (A-20)

and another “Dadhiwala”, to assist in the tasks of the IM. The

associates of Haidar Ali were further radicalised which led to

the emergence of the Ranchi module, the involvement of which

has been established during the investigation of the Serial

blasts at Bodh Gaya (7th July, 2013) and Patna (27th October,

2013). (Ref. Supplementary Charge-Sheet dated 20th February, 2014,

Paras. 17.97, 17.148, 17.149, 17.157, 17.162)

h. Future targets of absconding IM operative Tahseen Akhtar

@ Monu:- Investigation has established that in pursuance of

the conspiracy, the accused Tahseen Akhtar @ Monu (A-12)

had been continuously plotting and planning for the commission

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of more terrorist acts. Investigation has established that the

activities of the absconding IM operatives Tahseen Akhtar @

Monu (A-12) and Waqas (A-24) were closely monitored and

guided by the absconding accused Riyaz Bhatkal (A-10). The

two have been conspiring to carry out future attacks.

Investigation has established that the accused Tahseen Akhtar

is highly motivated for waging war against India, and has

extensively been on tour in connection with the planning of

terrorist activities. Investigation has also established that the

accused Tahseen had travelled to Rajasthan in June, 2013,

where he conducted the reconnaissance of several targets and

also trained new cadres for the conduct of terrorist activities.

(Ref. Supplementary Charge-Sheet dated 20th February, 2014, Paras.

17.103)

i. Role in delivery of proceeds of terrorism:- Investigation has

established that the accused A-12, acting upon the directions of

the accused A-10, travelled to the house of Mrs. Zahida

Khanum, wife of the accused A-6, and delivered a mobile

phone purchased from Jodhpur, Rajasthan for communication

with A-6 along with cash proceeds of terrorism. He was also a

part of the plan to shift Mrs. Zahida Khanum to Nepal for stay

along with the accused A-6. (Ref. Supplementary Charge-Sheet

dated 20th February, 2014, Paras. 17.138, 17.139, 17.141)

17.5 Role of Ariz Khan @ Junaid (A-13) The role and involvement of the

accused Ariz Khan @ Junaid has been clearly established

during the investigation. Several details about the activities of

the accused A-13 have also been pointed out in the Charge-

Sheet dated 17th July, 2013, and the Supplementary Charge-

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Sheet dated 20th February, 2014. The culpable activities of the

accused A-13, having been established during the investigation

include the following :-

a. Recruitment and activities : - In the statement recorded u/s.

164 CrPC, the accused Asadullah Akhtar (A-7) has mentioned

that the deceased IM operative Atif Ameen had motivated and

radicalised the accused Ariz Khan along with 2. Mirza

Shadaab Beg, 3. himself, and 16 others, for becoming

members of the Azamgarh Module.

b. Hideouts :- Investigation has established that in pursuance of

the conspiracy, the accused Ariz Khan @ Junaid (A-13) stayed

at several hideouts and also adopted alias names. The accused

stayed at Batla House, where encounter took place between

the Delhi Police (Special) Cell and the IM operatives.

c. Participation of the accused Ariz Khan @ Junaid in terrorist

acts :- Investigation has established that the absconding

accused Ariz Khan @ Junaid, participated in several terrorist

acts to wage war against India, in pursuance of the conspiracy.

Investigation has established that the accused A-13 in 2006,

along with other IM operatives including Atif Amin (died in the

Batla House Encounter), Mirza Shadab Beg, Asadullah

Akhtar (A-7), Sarvar and Saif (presently in Gujarat jail)

participated in the Bomb Blasts at Varanasi (at Sankatmochan

Mandir, Railway Station and Ghat) to cause damage to

innocent lives and property. The accused A-7 along with the

absconding accused Ariz Khan @ Junaid had planted the IED’s

at the three places. In the Bomb blasts which took place in

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three courts (at Faizabad, Lucknow and Varanasi) of UP in

November, 2007, the accused Ariz Khan (A-13) had planted

the bombs at Lucknow (As revealed in the statement recorded

u/s. 164 CrPC of the accused A-7). In 2008, the accused

participated in the commission of the Jaipur serial blasts along

with other IM operatives including Sarvar Azmi, Atif Ameen,

Mirza Shadaab Beg, Saifur Rehman, Khalid, Bada Sajid,

Chota Sajid, Saif and Salman.

17.6 Role of Mohd. Sajid @ Bada Sajid (A-14) The role and involvement

of the accused Md. Sajid @ Bada Sajid has been clearly

established during the investigation. Several details about the

activities of the accused A-14 have also been pointed out in the

Supplementary Charge-Sheet dated 20th February, 2013. The

culpable activities of the accused A-14, having been established

during the investigation include the following :-

a. Recruitment and activities : - In the statement recorded u/s.

164 CrPC, the accused Asadullah Akhtar (A-7) has mentioned

that the deceased IM operative Atif Ameen had motivated and

radicalised the accused Bada Sajid along with 2. Mirza

Shadaab Beg, 3. himself, 4. Sarvar Ajmi, and 15 others, for

becoming members of the Azamgarh Module.

b. Hideouts :- Investigation has established that in pursuance of

the conspiracy, the accused Md. Sajid @ Bada Sajid @ Chikn

(A-14) stayed at several hideouts and also adopted alias

names. The accused along with other IM operatives including

but not limited to Saif, Asadullah Akhtar @ Haddi, Atif Amin and

Chota Sajid stayed at Batla House, where on 19th September

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2008, an encounter took place between the Delhi Police

(Special) Cell and the IM operatives, in which the IM operatives

Atif Ameen and Chota Sajid were killed, while others managed

to flee. Investigation further established that the accused

persons Md. Iqbal, Md. Riyaz and Mohsin Choudhary had

escaped to Pakistan sometime around March, 2009, to evade

arrest in India, and to form the safe base of launching terrorist

activities in India from there. The absconding accused persons

Dr Shahnawaz and Bada Sajid also joined the operatives

there in Pakistan. During stay at Pakistan, the accused A-14

further allied himself with the international terrorist organisation

“Al Qaeda”, and moved to areas in the bordering areas of

Afghanistan and Pakistan for training and operations with their

leaders. (Ref. Supplementary Charge-Sheet dated 20th February, 2014,

Paras. 17.51, 17.54, 17.99)

c. Code name / abbreviation of the accused in chats between

IM operatives:- In the chats between the accused persons

Asadullah Akhtar (A-7) and Mirza Shadab Beg, the code

“Chikn” stood for Bada Sajid (A-14), IM operative now in

Khyber Pakhtoon area and tied up with the Al-Qaeda.

d. Participation of the accused Md. Sajid @ Bada Sajid @

Chikn in terrorist acts :- As stated by the accused Asadullah

Akhtar in his statement u/s. 164 CrPC, the Mumbai Train Blasts

(2006) were executed by IM operatives including but not limited

to Sadiq Sheikh, Bada Sajid, Atif Ameen and Abu Rashid. In

2008, the accused participated in the commission of the Jaipur

serial blasts along with other IM operatives including Sarvar

Azmi, Atif Ameen, Mirza Shadaab Beg, Saifur Rehman,

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Khalid, Bada Sajid, Chota Sajid, Saif and Salman. The

accused A-14 along with other IM operatives including but not

limited to Atif Ameen @ Arman, Chota Sajid and Saif

participated in the commission of blasts at Ahmedabad and

Surat in 2008. At Ahmedabad, under the supervision of Atif

Amin, Saif, Chota Sajid, Bada Sajid (Azamgarh group) 32 IEDs

were planted at different places in the city. In 2008, the Jaipur

blasts were executed by Sarvar Azmi, Atif Ameen, Mirza

Shadaab Beg, Ariz Khan, Saifur Rehman, Khalid, Bada

Sajid, Chota Sajid, Saif and Salman. On 13th September, 2008,

blasts were executed at different places in Delhi, where the

accused A-7 had supplied materials which included ball

bearings to be used as splinters in the IED’s to Atif Ameen from

Lucknow through the IM operative Md. Hakeem. The Blasts

were executed by Atif Ameen, Mirza Shadab Beg, Saquib,

Shaker, Ziya, Pappu, Khalid, Chota Sajid, Bada Sajid,

Zeeshan, Shadab Ahmed and Salman. (Ref. Supplementary

Charge-Sheet dated 20th February, 2014, Paras. 17.46, 17.47, 17.48,

17.49)

e. Activities of Bada Sajid in Pakistan / Afghanistan :-

Investigation has established that the accused A-14 along with

other accused persons including but not limited to Abu Rashid

@ Abu Bhai joined hands with international terrorist

organisations like the Al-Qaeda and the Taliban. During Chat of

A-6 with Riyaz on the 16th May, 2013, Riyaz mentioned that

Bada Sajid @ Sjjd and Abu Rashid @ Abu Bhai mostly lived in

Afghanistan and he had also discussed with them. During the

stay with the Al-Qaeda, the accused was also looking for

mingling with other terrorist groups, as he wanted to work

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independently for getting good finances to intensify the war

waged against India. (Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Paras. 17.99)

f. Role of Bada Sajid as a leader of Sub-group of the IM : -

Investigation has established that the accused A-14 acted as a

leader of a sub group of the IM operatives based in Pakistan,

which included the operatives Afeef, Mirza Shadab Beg, Abu

Rashid @ Danda and others. All crucial decisions for this

group were to be taken only after consultation with the accused

A-14. This importance of the accused A-14 is evidently borne

out from the chats between the accused persons A-7 and Mirza

Shadab Beg in which the issues related to the transfer of

Shadab Ahmed and another SIMI cadre outside India, for

getting further trained in terrorist activities in Pakistan is

extensively discussed. For decisions to be taken in this regard,

letters were sent to Bada Sajid, who was camping in

inaccessible areas along with the leaders of the Al- Qaeda.

Investigation has established that the accused Bada Sajid (A-

14) used to take a lot of initiative in his work in various ambush

type of operations. The accused A-14 also received a letter

from the IM operative Saif, imprisoned in Gujarat Jail, which

referred to plan for escape from jail along with other issues

facing them. In the letter written by the accused Asadullah

Akhtar (A-7) to Bada Sajid, the accused A-7 conveyed his good

wishes for A-14 on being a commander of newly formed group.

The accused A-7 also told A-14 to do some operation (attack) in

India with the help of new boys who probably belonged to five

Indian states. (Ref. Supplementary Charge-Sheet dated 20th February,

2014, Paras. 17.99, 17.130, 17.132, 17.145 (vii) (c), 17.146)

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17.7 Role of Dr. Shahnawaz Alam @ Dr (A-15): - The role and

involvement of the accused Dr. Shahnawaz Alam has been

clearly established during the investigation. Several details about

the activities of the accused A-15 have also been pointed out in

the Supplementary Charge-Sheet dated 20th February, 2014.

The culpable activities of the accused A-15, having been

established during the investigation include the following :-

a. Recruitment and activities : - Investigation has established that

the accused A-15 was one of the members of the Azamgarh

Module of the IM.

b. Hideouts :- Investigation has established that in pursuance of

the conspiracy, the accused Dr. Shahnawaz Alam (A-15) stayed

at several hideouts. The accused along with other IM

operatives including but not limited to Saif, Asadullah Akhtar @

Haddi, Atif Amin and Chota Sajid stayed at Batla House, where

on 19th September 2008, an encounter took place between the

Delhi Police (Special) Cell and the IM operatives, in which the

IM operatives Atif Ameen and Chota Sajid were killed, while

others managed to flee. Investigation further established that

the accused persons Md. Iqbal, Md. Riyaz and Mohsin

Choudhary had escaped to Pakistan sometime around March,

2009, to evade arrest in India, and to form the safe base of

launching terrorist activities in India from there using their

contacts within India. The absconding accused persons Dr

Shahnawaz and Bada Sajid also joined the operatives there in

Pakistan. During stay at Pakistan, the accused A-15 further

allied himself with the international terrorist organisation “Al

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Qaeda”, and moved to areas in the bordering areas of

Afghanistan and Pakistan for training and operations with their

leaders. (Ref. Supplementary Charge-Sheet dated 20th February, 2014,

Paras. 17.51, 17.54, 17.99)

c. Code name / abbreviation of the accused in chats between

IM operatives:- In the chats between the accused persons

Asadullah Akhtar (A-7) and Mirza Shadab Beg, the code “Dr”

stood for Dr. Shahnawaz Alam.

d. Activities of Dr. Shahnawaz Alam in Pakistan / Afghanistan :-

Investigation has established that the accused A-15 along with

other accused persons including but not limited to Abu Rashid

@ Abu Bhai joined hands with international terrorist

organisations like the Al-Qaeda and the Taliban. During the chat

between A-7 and Mirza Shadaab Beg on 25th May, 2013, A-7

chatted with Sultan and discussed about Abu Rashid, Khalid

and Dr. Shahnawaz. It was revealed that Dr. Shahnawaz was

close to Rizwan (Amir Reza Khan).

e. Role of Dr. Shahnawaz in the recruitment/ training of new

cadres: -Investigation has established that the accused A-15

was in contact with the absconding accused Shadab Ahmed,

resident of Azamgarh and was guiding them for training in

Pakistan for the furtherance of the conspiracy. The contact of

the accused A-15 with Shadab Ahmed and another SIMI cadre,

is extensively discussed in the chats between the accused

persons A-7 and Mirza Shadab Beg. Mirza mentioned to

Asadullah that the new boys to be recruited / trained hailed

from their place i.e. Azamgarh, and were in direct contact with

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Dr Shahnawaz. Investigation established that the boys were

fully prepared to leave for Pakistan, upon the instruction from

the accused Dr. Shahnawaz (A-15). (Ref. Supplementary Charge-

Sheet dated 20th February, 2014, Paras. 17.130 (l), (m), (o), 17.131 (e),

17.132 (g))

17.8 Role of Mirza Shadab Beg @ Engineer (A-16) :- The role and

involvement of the accused Mirza Shadab Beg has been clearly

established during the investigation. Several details about the

activities of the accused A-16 have also been pointed out in the

Supplementary Charge-Sheet dated 20th February, 2014. The

culpable activities of the accused A-16, having been

established during the investigation include the following :-

a. Recruitment and activities : - Investigation has established that

the accused A-16 was one of the members of the Azamgarh

Module of the IM. In the statement recorded u/s. 164 CrPC, the

accused Asadullah Akhtar (A-7) has mentioned that the

deceased IM operative Atif Ameen had motivated and

radicalised the accused Mirza Shadab Beg (A-16) along with

2. Bada Sajid, 3. himself, 4. Sarvar Ajmi, 5. Hakeem, and 14

others, for becoming members of the Azamgarh Module.

b. Hideouts :- Investigation has established that in pursuance of

the conspiracy, the accused Mirza Shadab Beg (A-16) stayed at

several hideouts. The accused along with other IM operatives

including but not limited to Saif, Asadullah Akhtar @ Haddi, Atif

Amin and Chota Sajid also frequently visited / stayed at Batla

House, where on 19th September 2008, an encounter took

place between the Delhi Police (Special) Cell and the IM

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operatives, in which the IM operatives Atif Ameen and Chota

Sajid were killed, while others managed to flee. The absconding

accused A-16 also shifted to Pakistan. After the encounter at

Batla House, Delhi, the accused A-16 along with the charge-

sheeted accused A-7 left for Bangladesh to avoid arrest, where

they stayed for about two months. The accused travelled to

Dubai from Dhaka on fake passport in or around September

2008, where he met Iqbal Bhatkal and thereafter shifted to

Karachi, Pakistan for obtaining safe haven to launch terrorist

activities within India and joined Md. Iqbal, Md. Riyaz and

Mohsin Choudhary who had already set up a base in Pakistan

after March 2009. (Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Paras. 17.51, 17.54, 17.99)

c. Code name / abbreviation of the accused in chats between

IM operatives:- In the chats between the IM operatives, the

code “Engnr” stood for the accused Mirza Shadab Beg, while

the code “Pappu” stood for the father of Mirza Shadab Beg.

d. Communication with other operatives:- Investigation has

established that the accused A-16 during stay at his hideout

located in Karachi, Pakistan, often used different email / chat

accounts which were created using fake identities to

communicate with other IM operatives like A-6, A-7 and others

located in India and Nepal. The accused A-16 used proxy

servers to conceal his identity and also used to encrypt the files

being exchanged with other operatives. (Ref. Supplementary

Charge-Sheet dated 20th February, 2014, Paras 17.13 to 17.28, 17.110,

17.111, 17.112)

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e. Participation of the accused Mirza Shadab Beg in terrorist

acts :- Investigation has established that the absconding

accused A-16, participated in the conspiracy / actual execution

of several terrorist acts including but not limited to Varanasi

Blasts (2006), UP Court Blasts (2007) where the accused had

planted bombs at Lucknow, Jaipur Serial Blasts (2008),

Ahmedabad and Surat Blasts (2008) and Delhi Serial Blasts

(2008), in order to intensify the war waged against India, in

pursuance of the conspiracy. (Ref. Supplementary Charge-Sheet

dated 20th February, 2014, Paras.17.43, Statement u/s. 164 of A-7, D-

64 (Charge-Sheet of Jaipur Blasts, 2008, Certified copy of the Charge

Sheet of Delhi and Gujarat Blasts of 2008)

f. Activities of Mirza Shadab Beg in Pakistan / Afghanistan :-

Investigation has established that the accused A-16 also

travelled to the bordering areas of Afghanistan and Pakistan for

meeting the operatives of international terrorist organisations

like the Al-Qaeda and the Taliban. The location of A-16 was

revealed to be in Afghanistan, during Chat of A-6 with Riyaz on

the 8th Apr, 2013. The accused A-16 allied with the Al-Qaeda

and was exploring the availability of ‘fidayeen’ i.e. suicide

attacker from the Al-Qaeda for terrorist act in India. The

accused formed a sub-group of IM operatives which allied with

other absconding jihadi terrorists from different states of India,

who had taken shelter in Pakistan, for the furtherance of

terrorist activities within India. The instances emerged from the

analysis of the recovered chat are mentioned in detail in the

earlier Supplementary Charge-Sheet dated 20th February, 2014.

During stay in Pakistan, the accused A-16 made efforts for

delivery of arms to persons in India, through the ISI of Pakistan,

with the assistance of the accused Mota bhai @ Afeef. (Ref.

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Supplementary Charge-Sheet dated 20th February, 2014, Paras.17.98

(v),17.99, 17.146 (4), (6), (8), (10), 17.135)

g. Role of Mirza Shadab Beg in the recruitment/ training of new

cadres: -Investigation has established that the accused A-16

made efforts to contact the absconding accused Shadab

Ahmed, for being trained in Pakistan for the furtherance of the

conspiracy. Investigation established that the boys were fully

prepared to leave for Pakistan, upon the instruction from the

accused Dr. Shahnawaz (A-15). (Ref. Supplementary Charge-

Sheet dated 20th February, 2014, Paras. 17.130, 17.131, 17.132)

h. Planning for future attacks within India:- Investigation has

established that in pursuance of the conspiracy the absconding

accused A-16 has been continuously plotting and planning for

the commission of terrorist acts within India. Investigation has

established that the accused A-16 planned terrorist acts like

kidnapping for earning Maal-e-Ghanimat , release of one Dr.

Aafiya Siddiqui, and fidayeen strikes. Further, he desired to

attack the police personnel who had conducted the attachment

of property at his residence in Azamgarh, and wanted to

change the pattern and focus of terrorist acts towards attacking

the police. He also wanted that the future terrorist attacks

would be done in the name of the Al-Qaeda. Further, the

accused A-16 has also indicated that he has been

contemplating some devastating action in the future, as

revenge for the arrest of A-7. (Ref. Supplementary Charge-Sheet

dated 20th February, 2014, Para. 17.102)

i. Receipt, generation and transfer of funds for supporting

terrorist activities :- Investigation has established that in

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pursuance of the conspiracy, the accused A-16 was

continuously looking for ways to generate funds to be used for

terrorist activities within India. He mainly received funds from

the accused A-10 (through the ISI of Pakistan) for his activities,

and further also from his associates and other sources. The

Bhatkal brothers used to get some amount from ISI of Pakistan

and in return Shadab Beg used to get 25 thousand per month

from this amount through Bhatkal brothers. The accused A-16

also transferred some funds to the accused A-7, who was then

staying in Pokhara, Nepal. They also discussed about the plan

of kidnapping for earning money, and planned to acquire

mobile phones with fictitious identities to set up an extortion

module to earn money from Dubai. (Ref. Supplementary Charge-

Sheet dated 20th February, 2014, Paras. 17.109, 17.134)

j. Efforts to make fake identity documents:- Investigation has

established that in pursuance of the conspiracy, the accused A-

16 was continuously looking for ways to obtain fake documents

including fake passports for himself and his associates. The

accused A-16 was also planning to make fake passports for

shifting of his family members, and made efforts to approach

agents for the purpose. (Ref. Supplementary Charge-Sheet dated

20th February, 2014, Paras. 17.118, 17.146 (33))

17.9 Role of Amir Reza Khan @ Parvez @ Rizwan (A-17) The role and

involvement of the accused Amir Reza Khan has been clearly

established during the investigation. Several details about the

activities of the accused A-17 have also been pointed out in the

Supplementary Charge-Sheet dated 20th February, 2014. The

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culpable activities of the accused A-17, having been

established during the investigation include the following :-

a. Recruitment and activities : - Investigation has established that

the accused A-17 is one of the members of the IM. In the

statement recorded u/s. 164 CrPC, the accused Asadullah

Akhtar (A-7) has mentioned that the IM operatives including

Sadiq Sheikh and Amir Reza Khan had participated in the attack

on the American Centre in Kolkata in 2002. (Ref. Supplementary

Charge-Sheet dated 20th February, 2014, Para. 17.9)

b. Hideouts:- Investigation has established that in pursuance of

the conspiracy, the accused Amir Reza Khan (A-17) stayed at

several hideouts. Investigation further established that the

accused persons Md. Iqbal, Md. Riyaz and Mohsin

Choudhary had escaped to Pakistan sometime around March,

2009, to evade arrest in India, and to form the safe base of

launching terrorist activities in India. There they came in contact

with the absconding IM operative Amir Reza Khan, who had

been sheltered earlier by the ISI. The absconding accused Amir

Reza Khan continued to collect money for the IM through

extortion from businessmen and received amount of about

nearly 10 crores in 2010, when he participated in the extortion

from Kolkata in India. (Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Paras. 17.51, 17.54, 17.99)

c. Code name / abbreviation of the accused in chats between

IM operatives:- In the chats between the accused persons

Asadullah Akhtar (A-7) and Mirza Shadab Beg, the code “rzz”

stood for Rizwan @ Amir Reza Khan, based in Pakistan.

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d. Communication with other operatives:- Investigation has

established that the accused A-17 during stay at his hideout

located in Karachi, Pakistan, often used different email/chat

accounts which were created using fake identities to

communicate with other IM operatives.

e. Participation of the accused A-17 in terrorist acts :-

Investigation has established that the absconding accused A-17,

participated in the conspiracy / actual execution of the attack on

the American Centre, Kolkata in 2002, in order to intensify the

war waged against India, in pursuance of the conspiracy.

f. Activities of A-17 in Pakistan:- Investigation has established

that the accused A-17 also travelled to the bordering areas of

Afghanistan and Pakistan for meeting the operatives of

international terrorist organisations like the Al-Qaeda and the

Taliban. During Chat of A-6 with Riyaz on the 15th Apr, 2013,

Riyaz stated that he was not in touch with Amir Reza @

Rizwan since one year. Sultan, Shadab Beg and Asm meet

him in a common place but the discussion was very general.

Riyaz mentioned that the information about Muzaffar Kola who

had been named in the Mumbai Blasts, may have been given by

A-17. During the chat between A-7 and Mirza Shadaab Beg on

25th May, 2013, A-7 chatted with Sultan and discussed about

Abu Rashid, Khalid and Dr. Shahnawaz. It was revealed that Dr.

Shahnawaz was close to Rizwan (Amir Reza Khan).

g. Planning for future attacks within India:- Investigation has

established that in pursuance of the conspiracy the absconding

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accused A-17 has been continuously plotting and planning for

the commission of terrorist acts within India.

h. Extortion by A-17 :- Investigation has established that in

pursuance of the conspiracy, the accused A-17 was

continuously looking for ways to generate funds to be used for

terrorist activities within India. He mainly received funds from

the ISI of Pakistan for his activities, and further also from his

associates and other sources. He believed that earning funds in

the illegal ways like circulation of fake currency or extortion was

religiously sanctioned being Maal-e-Ghanimat. During the chat

between A-7 and Mirza Shadaab Beg on 3rd June, 2013, Mirza

Shadab Beg told him not to worry about how to make money

since one party (mg) was ready with Rs. 15 crores ‘15 crore

lekar khadi hai’ to be given as amount of extortion to pvz @

Parvez @ Amir Reza Khan. (Ref. Supplementary Charge-Sheet

dated 20th February, 2014, Paras. 17.109, 17.134)

17.10 Role of Mohd. Khalid @ Khld (A-18) The role and involvement of the

accused Md. Khalid has been clearly established during the

investigation. Several details about the activities of the accused

A-18 have also been pointed out in the Supplementary Charge-

Sheet dated 20th February, 2014. The culpable activities of the

accused A-18, having been established during the investigation

include the following :-

a. Recruitment and activities : - Investigation has established that

the accused A-18 was one of the members of the Azamgarh

Module of the IM. (Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Para. 17.9)

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b. Hideouts :- He went to Pakistan in or around September to

October, 2009. He had also received armed training in

Pakistan. Presently, he is in Pakistan working as IM member

under Bhatkal brothers.

c. Code name / abbreviation of the accused in chats between

IM operatives:- During Chat of the accused Mohd. Ahmad

Siddibappa using his email ID/Chat ID [email protected]

with the accused Md. Riyaz @ Riyaz Bhatkal, currently

residing in Pakistan, at email [email protected], the

code/ abbreviation for communication was disclosed as “Asm”

for the accused Mohd Khalid @ Asim of Azamgarh. (Ref.

Supplementary Charge-Sheet dated 20th February, 2014, Para. 17.13)

d. Participation of the accussed Md. Khalid in terrorist acts :-

Investigation has established that the absconding accused A-

18, participated in the conspiracy / actual execution of several

terrorist acts including but not limited to Jaipur, Ahmedabad and

Delhi Serial Blasts of 2008. Investigation has established that

in August 2008, acting upon the instructions of the accused A-

10 (Riyaz), the accused A-6 prepared 10 IEDs and delivered

them to Saif and Mohd Khalid (A-18) in Udupi. The accused A-

18 met Saif for the first time and handed over the same

consignment near the Udupi railway station. After 10 days of

this delivery i.e. on 13th Sept. 2008, serial bomb blasts took

place in New Delhi. These serial bomb blasts were done by

Azamgarh group under the supervision of Riyaz Bhatkal. (Ref.

Supplementary Charge-Sheet dated 20th February, 2014, Para. 17.49,

17.50)

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e. Activities of A-18 in Pakistan:- Investigation has established

that in pursuance of the conspiracy, the accused A-18 was

closely associated with the absconding accused Mirza Shadab

Beg and had also chatted with accused Asadullah Akhtar @

Haddi (A-7). The accused was part of a sub group of the IM

operatives who wanted to form a terrorist group named as

Tehreek-e-Taliban Hindustan (TTH) for the commission of

more terrorist activities within India. The accused wanted to

form a triangular leadership along with accused A-7 and the

absconding accused Mirza Shadab Beg. (Ref. Supplementary

Charge-Sheet dated 20th February, 2014, Para. 17.146 (10), (36))

17.11 Role of Mohsin Choudhary @ Ashfaq (A-19) The role and

involvement of the accused Mohsin Choudhary has been clearly

established during the investigation. Several details about the

activities of the accused A-19 have also been pointed out in the

Supplementary Charge-Sheet dated 20th February, 2014. The

culpable activities of the accused A-19, having been established

during the investigation include the following :-

a. Recruitment and activities : - Investigation has established that

the absconding accused Mohsin Choudhary was a part of the

Pune module of the IM, and was recruited by the absconding

accused Riyaz Bhatkal. As per the statement recorded under

section 164 CrPC of the accused Asadullah Akhtar @ Haddi (A-

7), the accused Riyaz Bhatkal had motivated the Bhatkal and

Pune Modules. Members of the Pune Module included 1.

Mohsin Choudhary along with other operatives 2. Peerbhoy, 3.

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Akbar Choudhary and 4. Hasan. (Ref. Supplementary Charge-

Sheet dated 20th February, 2014, Para. 17.9)

b. Hideouts :- Investigation has established that the absconding

accused Mohsin Choudhary had established a safe hideout for

the IM operatives in Kondhwa, Pune. After the blasts in Gujarat

(2008), the accused Riyaz and Iqbal Bhatkal moved to

Mangalore while the operatives Anik, Asif, Akbar Choudhary,

Mohsin Choudhary, Majid, Fazlu Rahman stayed in Pune, and

operatives of the Azamgarh module i.e. Saif, Asadullah Akhtar

@ Haddi, Atif Amin, Chota Sajid and Bada Sajid were staying

in Delhi. After Batla House Encounter the accused persons

Md. Iqbal, Md. Riyaz and Mohsin Choudhary shifted to

hideouts in Delhi and Darbhanga, and further escaped to

Pakistan sometime around March, 2009 to evade arrest in

India, and to form the safe base of launching terrorist activities

in India from there using their contacts within India. (Ref.

Supplementary Charge-Sheet dated 20th February, 2014, Para. 17.51,

17.54)

c. Code name / abbreviation of the accused in chats between

IM operatives:- In the Chats of the accused Mohd. Ahmed

Siddibappa using his email ID/Chat ID [email protected]

with the accused Md. Riyaz @ Riyaz Bhatkal, currently

residing in Pakistan, at email [email protected], the code/

abbreviation for communication was disclosed as “Ali/Aft/

Afft/Aftab” for the accused Mohsin Chaudhary. In the chats

between the accused Asadullah Akhtar and the accused Md.

Riyaz @ Riyaz Bhatkal, the code “alii” stood for IM operative

Mohsin Chaudhary of Pune, based in Pakistan. (Ref.

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Supplementary Charge-Sheet dated 20th February, 2014, Para. 17.13,

17.17)

d. Participation of the accused Mohsin Choudhary in terrorist

acts :- Investigation has established that the absconding

accused A-19, participated in the conspiracy of several terrorist

acts including but not limited to the blasts in Gujarat at

Ahmedabad and Surat in 2008. (Ref. Supplementary Charge-Sheet

dated 20th February, 2014, Para. 17.45, 17.47)

e. Plan for Shift of families of absconding accused persons to

Pakistan :- Investigation has established that the absconding

accused A-19 is currently based in Pakistan for launching

terrorist activities within India. In order to fully insulate from any

family pressure the accused A-19 planned for the shifting of his

family from Pune to Pakistan with the assistance of accused

Md. Ahmed Siddibappa (A-6), Riyaz Bhatkal, Tahseen Akhtar

and others. (Ref. Supplementary Charge-Sheet dated 20th February,

2014, Para. 17.136)

f. Extortion by the absconding accused based in Pakistan :-

Investigation has established that in pursuance of the

conspiracy, the accused A-19 was continuously looking for

ways to generate funds to be used for terrorist activities within

India. He mainly received funds from the ISI of Pakistan for his

activities, and further also from his associates and other

sources. He believed that earning funds in the illegal ways like

circulation of fake currency or extortion was religiously

sanctioned being Maal-e-Ghanimat. The accused Mohsin

Choudhary remained enagaged in efforts for earning money

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through extortion from persons in Pune, India, from the base in

Karachi, Pakistan. (Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Para. 17.137)

17.12 Role of Haidar Ali @ Abdullah (A-20) The role and involvement of

the accused Haidar Ali @ Abdullah has been clearly established

during the investigation. Several details about the activities of

the accused A-20 have also been pointed out in the

Supplementary Charge-Sheet dated 20th February, 2014.

Investigation revealed that the accused Haidar Ali was a close

associate of the charge-sheeted accused persons Manzer Imam

(A-8), Ozair Ahmed (A-9), and Tahseen Akhtar @ Monu (A-12).

Investigation established that the accused Haidar Ali was highly

radicalised and wanted to initiate terrorist acts for taking revenge

against other communities. The culpable activities of the

accused A-20, having been established during the investigation

include the following (Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Para. 17.148, 17.152, 17.157, 17.158, 17.161, 17.162,

17.165, 17.169, 17.170, 17.171, 17.172, 17.173, 17.175):-

a. Recruitment and activities : - Investigation has established that

the accused Haidar Ali @ Abdullah prior to joining the IM, was

an active member of the MSF (a frontal organisation of the

SIMI, a proscribed organisation) in Ranchi, Jharkhand. The

accused A-20 made efforts to radicalise youth in meetings held

for the purpose of motivating persons of his community to take

revenge against other communities in response to certain

perceived atrocities. The accused used to deliver highly

inflammatory speeches on religious lines, and advocated the

route of violence to achieve the desired objectives. Being a

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native of Aurangabad in Bihar, he also visited places in Bihar

and came in contact with the accused Tahseen Akhtar @ Monu

at Darbhanga. After November, 2011, the accused Tahseen

Akhtar @ Monu escaped from Darbhanga, and took shelter in a

Ranchi hideout, where he motivated the accused A-20 to work

for the objectives of the Indian Mujahideen.

b. Hideouts :- Investigation has established that in pursuance of

the conspiracy, the accused Haidar Ali @ Abdullah maintained

several hideouts at places in Ranchi like Doranda, Sithio, Iram

Lodge etc. He also stayed at various hideouts in Bihar at places

including but not limited to Darbhanga, Muzaffarpur and

Aurangabad. A-20 initially stayed in a room of the lodge

opposite to the Jain Mandir and studied by making out his

expenses from the income generated by way of taking home

tuitions of students on subjects of Arabic and Urdu.

c. Code name / abbreviation of the accused in chats between

IM operatives:- In the Chats of the accused Mohd. Ahmad

Siddibappa using his email ID/Chat ID [email protected]

with the accused Md. Riyaz @ Riyaz Bhatkal, currently

residing in Pakistan, at email [email protected], the

code/ abbreviation for communication was disclosed as “BB”

for the accused Black Beauty, friend of Tahseen.

d. Communication with other operatives:- Investigation has

established that the accused A-20 used different email

accounts to communicate with the accused A-12. The emails /

chat accounts used for communicating with other IM operatives

were disclosed by the accused person along with the codes

after his arrest. A request has been sent under the Mutual Legal

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Assistance Treaty to the USA, to obtain the associated contents

and other details.

e. Activities of the accused A-20 in Ranchi:- Investigation has

established that the accused Haidar Ali was one of the main

speakers at the Dars organised regularly by the accused Ozair

Ahmed (A-9) at Millat Library, Ranchi. The focus of the Dars

religious programmes gradually shifted from discussion on

religious issues to issues affecting the Muslim community and

perceived threats. In this regard the accused persons A-20 and

A-9 used to incite the sentiments of the participants and used to

motivate them to take revenge against Hindus and other

communities. The same has been corroborated by different

witnesses who participated in the Dars. Due to the provocative

speeches delivered by Ozair and Haidar, some members

started distancing themselves from the activties of the Dars.

Investigation further established that the accused Haidar Ali had

got introduced to the accused Manzer Imam, in the MSF

meetings. Subsequently A-20 fully participated in the activities

of the MSF / SIMI in Ranchi, and gradually developed

association with important senior SIMI operatives. The accused

A-20 received funds from SIMI members for safe keep and for

use in terrorist activities. Haidar strengthened the MSF

organization in Doranda, Ranchi. He was eager to go to Yemen,

Saudi Arab and wanted to work for the Din / Jehad, was highly

radicalised and used to deliver speeches calling for violent

action for revenge against non-muslims. After the escape of the

accused Abu Faisal from Khandwa Jail in Madhya Pradesh, he

was sheltered in Ranchi at the hideouts in Sithio village and at

Iram Lodge, by the accused A-20. The accused A-20 escaped

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from the hideouts in Ranchi after the commission of the serial

blasts in Patna.

f. Activities of the accused A-20 in Muzaffarpur and

Darbhanga, Bihar :- Haidar also subsequently got associated

with the accused Tahseen Akhtar in Darbhanga and Aftab Alam

in Muzaffarpur. Haidar Ali had visited Darbhanga on several

occasions to meet Tahseen Akhtar @ Monu, and to interact with

the other IM operatives in 2010-11.

g. Establishment of the Ranchi Module with assistance of SIMI

operatives:- Investigation has established that in around

November/ December, 2012, the IM operatives contacted

several SIMI operatives in order to obtain their assistance at a

national level. An option of providing infrastructural support for

operations of the IM was suggested, and efforts were being

made to contact senior SIMI operatives like Safdar Nagori.

Investigation clearly established that the accused Tahseen

Akhtar with the active assistance of A-20 (who was referred to

as “Black Beauty” in the chats between the accused persons

A-6 and Riyaz Bhatkal) was instrumental in making efforts to

establish a module of the IM at Ranchi by motivating the SIMI /

MSF cadres in association with him. The accused A-20

contacted A-9 (who was revealed to be matching the

description of “Dadhi Wala” as described in the chat of the IM

operatives Riyaz Bhatkal and Md. Ahmed Sidibapa (A-6)) for

inducting SIMI operatives into the IM. Subsequently a module

with hideouts at Iram Lodge, Doranda, Sithio village and other

places of Ranchi was established by the accused A-20 under

his supervision. Investigation established that A-20 created a

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new module of persons committed for terrorist activities at

Ranchi which included Imtiaz Ansari, Tarique (killed in the

Patna Blasts while handling the IED in Toilet at Patna Railway

station), Mojibullah, Numan and Taufique.

h. Participation of the accused Haidar Ali @ Abdullah in

terrorist acts :- Investigation has established that the

absconding accused A-20 participated in the conspiracy and

execution of several terrorist incidents including but not limited

to the serial blasts at Bodh Gaya (7th July, 2013) and Patna

(27th October, 2013). From the recovered chats between A-6

and A-10, the accused A-20 was established to have assured

about the supply of explosives to the absconding accused

Tahseen Akhtar @ Monu, for the commission of blasts at Bodh

Gaya. During the investigation of the Patna and Bodh Gaya

Blasts Cases, the role of Haidar Ali as the main conspirator and

executor of the blasts has emerged. Investigation further

established that the accused A-9 had fully supported Haidar Ali

with funds and other modes of support.

17.13 Role of Mohammed Saleem Ishaqui @ Salim Ishaqui @ Shehzad

(A-21) The role and involvement of the accused Salim Ishaqui

has been clearly established during the investigation. Several

details about the activities of the accused A-21 have also been

pointed out in the Supplementary Charge-Sheet dated 20th

February, 2014. The culpable activities of the accused A-21,

having been established during the investigation include the

following:-

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a. Recruitment and initial activities : - Investigation has

established that the absconding accused Salim Ishaqui was a

part of the Bhatkal module of the IM, and was recruited by the

absconding accused Riyaz Bhatkal. As per the statement

recorded under section 164 CrPC of the accused Asadullah

Akhtar @ Haddi (A-7), the accused Riyaz Bhatkal motivated the

Bhatkal and Pune Modules. Members of the Bhatkal Module

included 1. Afeef, 2. Salim, 3. Sultan, 4. Farhan, 5. Shareef, 6.

Khan and 7. Yasin Bhatkal (A-6). (Ref. Supplementary Charge-

Sheet dated 20th February, 2014, Para. 17.9)

b. Hideouts :- Investigation has established that the absconding

accused Salim Ishaqui @ Shahzad @ Bigadu has been a close

associate of the accused Riyaz Bhatkal. He went to Dubai in

2005-06. In the year 2009, he shifted to Pakistan at the instance

of the accused persons A-10 and A-11, and is presently based

in Karachi, Pakistan. During investigation, family members of

the accused A-21 stated that since last one year Salim was not

in their contact.

c. Code name / abbreviation of the accused in chats between

IM operatives:- During Chat of the accused Mohd. Ahmad

Siddibappa using his email ID/Chat ID [email protected]

with the accused Md. Riyaz @ Riyaz Bhatkal, currently residing

in Pakistan, at email [email protected], the code/

abbreviation for communication was disclosed as

“Sheh/Shehzad” or “bigadu” for the accused Salim Ishaqui. In

the chats between the accused Asadullah Akhtar and the

accused Md. Riyaz @ Riyaz Bhatkal, the code “bigaduu” stood

for IM operative Shahzad of Bhatkal, based in Pakistan. (Ref.

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Supplementary Charge-Sheet dated 20th February, 2014, Para. 17.13,

17.17)

d. Activities of the accused A-21 in in Karachi Pakistan :-

Investigation has established that in pursuance of the

conspiracy, the accused A-21 had volunteered to work along

with international terrorist organisations like the Al-Qaeda.

During the period around December, 2012 to January 2013, the

accused A-21 was sent to Afghanistan on the instructions of A-

10, where he attended training for 20 days on timer devices

used in the assembly of Improvised Explosive Devices. The

accused A-21 was an artist and designed fake documents on

computer using various available softwares, which were sent by

way of file transfer or email / chat attachments to the IM

operatives based in India and Nepal in order to enable financial

transactions and other tasks. (Ref. Supplementary Charge-Sheet

dated 20th February, 2014, Para. 17.98 (xvii), 17.107 (xi), 17.146 (1))

17.14 Role of Afif Jailani @ Afeef @ Mota Bhai (A-22) The role and

involvement of the accused Afeef has been clearly established

during the investigation. Several details about the activities of

the accused A-22 have also been pointed out in the

Supplementary Charge-Sheet dated 20th February, 2014. The

culpable activities of the accused A-22, having been established

during the investigation include the following:-

a. Recruitment and initial activities : - Investigation has

established that the absconding accused A-22 was a part of the

Bhatkal module of the IM, and was recruited by the absconding

accused Riyaz Bhatkal. Investigation has established that the

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group named as Usaba included the accused Afeef along with

2. Riyaz Bhatkal, 3. A-6 (Yasin Bhatkal), 4. Jashim, 5.

Shabbir, 6. Sajid, 7. Iqbal Bhatkal, 8. Gora Ismail @ White

Uncle, 9. Sultan, 10. Tariq Anjum, 11. Fasih Mahmood and

others. They elected Iqbal Bhatkal as its Amir; Gora Ismael @

White Uncle and Afeef were also nominated as the office

bearers of this group. The tasks assigned to Afeef and Riyaz

Bhatkal included that of Media management. As per the

statement recorded under section 164 CrPC of the accused

Asadullah Akhtar @ Haddi (A-7), the accused Riyaz Bhatkal

motivated the Bhatkal and Pune Modules. Members of the

Bhatkal Module included 1. Afeef, 2. Salim, 3. Sultan, 4.

Farhan, 5. Shareef, 6. Khan and 7. Yasin Bhatkal (A-6). (Ref.

Supplementary Charge-Sheet dated 20th February, 2014, Para. 17.9)

b. Hideouts :- Investigation has established that the absconding

accused A-22 has been closely associated with the activities of

the IM since its inception, and has been a close associate of

the accused Riyaz Bhatkal. He maintained hideouts in Bhatkal,

where IM operatives found easy shelter. In or around 2009, he

shifted to Pakistan at the instance of Bhatkal brothers with his

wife and children. Recently, due to some internal disputes, he

dissociated with Iqbal & Riyaz Bhatkal and formed a separate

sub-group with Bada Sajid, Mirza Shadab Baig, Sultan Armar,

Shafi Armar, Dr Shahnawaz, Md Khalid, Abu Rashid @ Danda,

Abu Rashid @ Sultan and Salim Ishaqui. This sub-group is

connected with Al Qaeda as well as ISI. He is currently in

Karachi, Pakistan working as IM member. Family members

revealed that the accused A-22 had left Bhatkal about 5 years

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back and was believed as having settled down at Saudi Arabia.

However, he was not in touch with them since 2009.

c. Code name / abbreviation of the accused in chats between

IM operatives:- During Chat of the accused Mohd. Ahmad

Siddibappa using his email ID/Chat ID [email protected]

with the accused Md. Riyaz @ Riyaz Bhatkal, currently

residing in Pakistan, at email [email protected], the

code/ abbreviation for communication was disclosed as Mota

for the accused Afeef. In the chats between the accused

persons Asadullah Akhtar (A-7) and Mirza Shadab Beg, the

code “Mota Bhai” stood for Afif of Bhatkal based in Karachi,

Pakistan.

d. Communication with other operatives :- Investigation

revealed that the accused persons used different accounts to

communicate and created fake identities as a tool of deception,

in case any surveillance may have been mounted by law

enforcement agencies.The accused A-6 used to chat with the

accused Afeef at [email protected] from his account.

e. Efforts to establish contacts in Dubai:- Investigation has

established that the accused A-6 approached him to furnish

contacts in Dubai, so that they could be approached for

providing funds and other modes of assistance to their terrorist

activities. A list of such details was sent to the accused A-6 by

the accused A-22. The items recovered during the personal

search of the arrested accused persons A-6 and A-7, included

the list of persons to be contacted in Dubai, which was sent

through chat by the absconding accused Afeef @ Mota

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including the numbers of the absconding accused persons

Noor @ Anwar and Abdul Wahid @ Khan. (Ref. Supplementary

Charge-Sheet dated 20th February, 2014, Para. 17.126)

f. Activities in Pakistan:- Investigation has established that in

pursuance of the conspiracy, the accused A-22 had volunteered

to work along with international terrorist organisations like the

Al-Qaeda. The accused A-22 was in contact with agents who

provided fake passports, and also with the ISI for the delivery of

arms to the operatives within India. The accused A-22 also

made efforts to form a sub-group of IM operatives, and launch

terrorist activities within India. To explain the intent of his

formation of the sub-group, the accused A-22 described the

situation in Pakistan to the accused A-6 (Ref. Supplementary

Charge-Sheet dated 20th February, 2014, Para. 17.98 (xvii), 17.118

(h),17.125 (h),(i),(j),17.135 (e),(f), 17.144 (vii)-a, 17.146 (Chats between

A-6 and Afeef))

g. Arrangement of money from the proceeds of terrorism to

support families of arrested operatives :- Investigation has

established that the accused A-22 made efforts to monetarily

assist the families of IM operatives, inorder to motivate the

operatives to work towards the aims of the larger conspiracy.

(Ref. Supplementary Charge-Sheet dated 20th February, 2014, Para.

17.127)

h. Sending SMS’s by the IM Operatives against persons of the

North-east region :- Investigation has established that in

pursuance of the conspiracy, the accused A-22 associated with

persons who wanted to spread communal tension within India.

One of his associates had sent SMSs to create panic in people

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from north-eastern region of India, staying in Bangalore and

other southern states, to create communal tension. (Ref.

Supplementary Charge-Sheet dated 20th February, 2014, Para. 17.128)

17.15 Role of Abu Rashid @ Sheikh @ Danda (A-23) The role and

involvement of the accused Abu Rashid @ Danda has been

clearly established during the investigation. Several details about

the activities of the accused A-23 have also been pointed out in

the Supplementary Charge-Sheet dated 20th February, 2014.

The culpable activities of the accused A-23, having been

established during the investigation include the following:-

a. Recruitment and initial activities: - Investigation has

established that the accused A-23 was one of the members of

the Azamgarh Module of the IM. In the statement recorded

under section 164 CrPC, the accused A-7 (Asadullah) has

mentioned that the accused A-23 was motivated to join the IM

by deceased operative Atif Ameen, who had also motivated

others of the Azamgarh module including but not limited to 1.

himself 2. Ariz Khan 3. Mirza Shadaab Beg 4. Sarvar Ajami

and 15 others, who became members of the Azamgarh

Module.

b. Hideouts :- Investigation has established that in pursuance of

the conspiracy, the absconding accused A-23 stayed at several

hideouts at places including but not limited to Azamgarh and

Delhi. Presently, he is based in hideouts in Karachi, Pakistan

along with several other IM operatives.

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c. Code name / abbreviation of the accused in chats between

IM operatives:- In the chats between the accused persons

Asadullah Akhtar (A-7) and Mirza Shadab Beg, the code

“Danda” stood for Abu Rashid of Azamgarh, IM operative based

in Pakistan.

d. Communication :- Investigation has established that in

pursuance of the conspiracy, the absconding accused A-23

communicated with other IM operatives. Investigation

established that the accused A-23 maintained email / chat

accounts on Yahoo and Nimbuzz for contact with other

operatives. (Ref. Supplementary Charge-Sheet dated 20th February,

2014, Para. 17.112 (f))

e. Activities in Pakistan :- Investigation has established that in

pursuance of the conspiracy, the absconding accused A-23

made efforts to tie up with international terrorist organisations

like the Al Qaeda and Taliban, to further the terrorist activities

within India. The accused A-23 along with Bada Sajid @ Sjjd

mostly stayed in Afghanistan / Afghanistan-Pakistan bordering

areas. The accused A-23 made a plan to shift his family out of

India, and into Pakistan to further support his resolve in waging

terrorist activities within India. The accused A-23 also arranged

money for the purpose of shifting of his family members, which

was being planned. Mirza Shadab Beg during chat with the

accused A-7 also indicated that the plan for shifting of family

members of A-23 into Pakistan from India, was being discussed.

The accused A-23 wanted to talk to A-7 about the shifing of two

operatives including Shadab Ahmed, resident of Azamgarh,

Uttar Pradesh to Pakistan for training to further the aims and

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objectives of the Indian Mujahideen, and felt that Mirza Shadab

Beg should make more efforts for their shifting. (Ref.

Supplementary Charge-Sheet dated 20th February, 2014, Para.

17.98(xii), 17.109 (d), 17.130 (o), (p), 17.132 (a), 17.146 (22),(35))

17.16 Role of Zia Ur Rehman @ Waqas @ Javed (A-24) The role and

involvement of the accused Zia-ur-Rehman @ Waqas @ Javed

@ Ahmed @ Mota Bhai has been clearly established during the

investigation. Several details about the activities of the accused

A-24 have also been pointed out in the Supplementary Charge-

Sheet dated 20th February, 2014. The culpable activities of the

accused A-24, having been established during the investigation

include the following:-

a. Recruitment and initial activities : - Investigation revealed that

in pursuance of the conspiracy around September, 2010, to

execute more terrorist activities the accused Waqas @ Javed

landed at Kathmandu, around September 2010, where he was

received by A-7and A-12, Tahseen Akhtar @ Monu @ Hassan

and taken to Samastipur, Bihar at the hideout maintained by the

accused person Md. Ahmed Siddibappa @ Yasin Bhatkal (A-

6) and others. (Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Para. 17.66,17.67)

b. Hideouts :- Investigation has established that in pursuance of

the conspiracy, the absconding accused A-24 stayed at several

hideouts at places including but not limited to Samastipur, Sara

Mohanpur village, Darbhanga, Mumbai, Delih, Goa, Belgaum

and Mangalore. (Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Para. 17.67, 17.69, 17.70, 17.74 (a), 17.76, 17.78,

17.81(i))

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c. Training to other operatives :- Investigation revealed that the

accused A-24 provided training to newly recruited operatives

including but not limited to the accused Md. Danish Ansari (A-1)

at Darbhanga, Bihar. (Ref Original Charge-Sheet dated 17th July,

2013 Para. 17.20, 17.25, Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Para. 17.67, 17.69)

d. Code name / abbreviation of the accused in chats between

IM operatives:- In the Chats of the accused Mohd. Ahmad

Siddibappa using his email ID/Chat ID [email protected]

with the accused Md. Riyaz @ Riyaz Bhatkal, currently

residing in Pakistan, at email [email protected], the

code/ abbreviation for communication was disclosed as “Jad”

for the accused Javed @ Waqas. In the chats between the

accused Asadullah Akhtar and the accused Md. Riyaz @ Riyaz

Bhatkal, the code “jadd” stood for the Pakistani IM operative

Waqas in India. (Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Para. 17.13, 17.17)

e. Communication :- Investigation has established that in

pursuance of the conspiracy, the absconding accused A-24

constantly communicated with other IM operatives and

constantly received directions from the accused A-10 through

chat accounts. The email Id of Waqas ([email protected]),

and of Tahseen Akhtar @ Hassan ([email protected]),

were given to the accused A-6 by Riyaz, to be used for contact

with them. The email / chat accounts used for communicating

with other IM operatives were disclosed by the accused person

along with the codes after his arrest. A request has been sent

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under the Mutual Legal Assistance Treaty to the USA, to obtain

the associated contents and other details. (Ref. Supplementary

Charge-Sheet dated 20th February, 2014, Para. 17.29(4))

f. Participation of the accused Waqas in terrorist acts:-

Investigation has established that in pursuance of the

conspiracy, the absconding accused A-24 participated in the

conspiracy / execution of several terrorist acts including but not

limited to terrorist attack near Jama Majsid, Delhi (2010), Bomb

Blast at Sheetlaghat, Varanasi (2010), Mumbai Serial Blasts

(2011), Pune Serial Blasts (2012) and Hyderabad Twin Blasts

(2013). (Ref. Supplementary Charge-Sheet dated 20th February, 2014,

Para. 17.67, 17.68, 17.73, 17.77, 17.86)

g. Future Plans / targets of A-24:- Investigation has established

that in pursuance of the conspiracy, the absconding accused A-

24 had been constantly conspiring to commit more terrorist

acts. The accused A-7 planned to join A-24 in India, for

commission of fidayeen attack. That the accused A-24 was

constantly engaged in the development of new improvised

explosive devices, further established from the recovery of

several incriminating items from his hideout in Mangalore. (Ref.

Supplementary Charge-Sheet dated 20th February, 2014, Para.

17.102(a), (k), 17.104, 17.105, 17.106)

17.17 Role of Abdul Khadir Sultan Armar @ Sultan @ Shekhu (A-25) The

role and involvement of the accused Sultan Armar has been

clearly established during the investigation. Several details about

the activities of the accused A-25 have also been pointed out in

the Supplementary Charge-Sheet dated 20th February, 2014.

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The culpable activities of the accused A-25, having been

established during the investigation include the following:-

a. Recruitment and initial activities : - Investigation has

established that the absconding accused Salim Ishaqui was a

part of the Bhatkal module of the IM, and was recruited by the

absconding accused Riyaz Bhatkal. Investigation has

established that the group named as Usaba included the

accused Sultan along with 2. Riyaz Bhatkal, 3. A-6 (Yasin

Bhatkal), 4. Jashim, 5. Shabbir, 6. Sajid, 7. Iqbal Bhatkal, 8.

Gora Ismail @ White Uncle, 9. Afeef, 10. Tariq Anjum, 11.

Fasih Mahmood and others. The tasks assigned to the

accused Sultan included that of collecting news clips about the

current status and issues of Muslims from different newspapers

and media sources. As per the statement recorded under

section 164 CrPC of the accused Asadullah Akhtar @ Haddi (A-

7), the accused Riyaz Bhatkal motivated the Bhatkal and Pune

Modules. Members of the Bhatkal Module included 1. Afeef, 2.

Salim, 3. Sultan, 4. Farhan, 5. Shareef, 6. Khan and 7. Yasin

Bhatkal (A-6). (Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Para. 17.8, 17.9, 17.36)

b. Communication :- Investigation has established that in

pursuance of the conspiracy, the absconding accused A-25

constantly communicated with other IM operatives. The

accused A-25 communicated using his account

[email protected] with the accused A-6 on

[email protected]. The contents of the chats were

recovered subsequent to the disclosure of the accused A-6.

Investigation has established that the accused persons used

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different accounts created by using fake identities and proxy

servers. The fake identities were used as a tool of deception, in

case any surveillance may have been mounted by law

enforcement agencies. (Ref. Supplementary Charge-Sheet dated

20th February, 2014, Para. 17.20)

c. Code name / abbreviation of the accused in chats between

IM operatives:- During Chat of the accused Mohd. Ahmad

Siddibappa using his email ID/Chat ID [email protected]

with the accused Md. Riyaz @ Riyaz Bhatkal, currently

residing in Pakistan, at email [email protected], the

code/ abbreviation for communication was disclosed as

“Shekhu” for the accused Sultan of Bhatkal. In the chats

between the accused persons Asadullah Akhtar using the email

/ chat ID [email protected] (A-7) and Mirza Shadab

Beg, - with [email protected] , the code

“Mulla/Pandit” stood for Sultan of Bhatkal residing in Pakistan.

(Ref. Supplementary Charge-Sheet dated 20th February, 2014, Para.

17.13, 17.15)

d. Hideouts :- Investigation has established that in pursuance of

the conspiracy, the absconding accused A-25 stayed at several

hideouts at places including but not limited to Bhatkal, Dubai

and Karachi, Pakistan. Investigation revealed that the accused

persons Md. Iqbal, Md. Riyaz and Mohsin Choudhary had

escaped to Pakistan sometime around March, 2009 to evade

arrest in India, and to form the safe base of launching terrorist

activities in India from there using their contacts within India.

Investigation further revealed that the accused Riyaz Bhatkal in

order to strengthen the organisation’s base in Pakistan, called

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the other operatives based in Dubai including Sultan @ Maulla,

Salim Ishaqui @ Shajad, Shabar, Afeef @ Mota Bhai and

Farhan @ Jabroodh from Dubai to Pakistan for assistance in

the plans of the IM. During investigation, family members of the

accused Sultan Armar stated that Sultan left for Muscat as

“Imam” in the year 2005. He once had come back to India for

the ceremony of his son Abdullah in the year 2006 and stayed

for two months and again left for Muscat. After having gone to

Muscat he was in touch for about one year and there after he

stopped contacting them. They could not give the present

whereabouts, contact number, photograph and passport details

of Sultan. (Ref. Supplementary Charge-Sheet dated 20th February,

2014, Para. 17.147)

e. Activities in Pakistan :- Investigation has established that in

pursuance of the conspiracy, the absconding accused A-25,

based in Karachi, Pakistan, made efforts to tie up with

international terrorist organisations like Al Qaeda and the

Taliban, in order to further the terrorist activities within India.

The accused A-25 wanted along with the accused Farhan to

travel to Syria for waging religious war, with the assistance of

other international terrorist organisations. The accused A-25

also wanted to take part in the violent religious war in

Afghanistan. A-6 had requested A-10 to send A-25 to Nepal to

assist him in motivating and recruiting new operatives for

participating in violent jihad against non-Muslims. (Ref.

Supplementary Charge-Sheet dated 20th February, 2014, Para.

17.98(x), (xvii), (xxvi),17.99(e), 17.120 (k), (l),(m))

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17.18 Role of Mohammed Shafi Armar @ Shafi (A-26) The role and

involvement of the accused Sultan Armar has been clearly

established during the investigation. Several details about the

activities of the accused A-26 have also been pointed out in the

Supplementary Charge-Sheet dated 20th February, 2014. The

culpable activities of the accused A-26, having been established

during the investigation include the following:-

a. Recruitment and initial activities : - Investigation has

established that the absconding accused Shafi Armar @

Shareef, also the younger brother of the accused A-25, was a

part of the Bhatkal module of the IM, and was recruited by the

absconding accused Riyaz Bhatkal. As per the statement

recorded under section 164 CrPC of the accused Asadullah

Akhtar @ Haddi (A-7), the accused Riyaz Bhatkal had

motivated the Bhatkal and Pune Modules. Members of the

Bhatkal Module included 1. Afeef, 2. Salim, 3. Sultan, 4.

Farhan, 5. Shareef, 6. Khan and 7. Yasin Bhatkal (A-6). (Ref.

Supplementary Charge-Sheet dated 20th February, 2014, Para. 17.9)

b. Communication :- Investigation has established that in

pursuance of the conspiracy, the absconding accused A-26

constantly communicated with other IM operatives. The

accused A-26 communicated using the account of Afeef with

the accused A-6, the contents of which were recovered

subsequent to the disclosure of the accused A-6. The accused

A-26 also contacted like minded persons using social media

networks like facebook. (Ref. Supplementary Charge-Sheet dated

20th February, 2014, Para. 17.146 (29))

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c. Code name / abbreviation of the accused in chats between

IM operatives:- During Chat of the accused Mohd. Ahmad

Siddibappa using his email ID/Chat ID [email protected]

with the accused Md. Riyaz @ Riyaz Bhatkal, currently

residing in Pakistan, at email [email protected], the

code/ abbreviation for communication was disclosed as

“Shekhu Chhota Bhai” for the accused Shafi. (Ref.

Supplementary Charge-Sheet dated 20th February, 2014, Para. 17.13)

d. Hideouts :- Investigation has established that in pursuance of

the conspiracy, the absconding accused A-26 stayed at several

hideouts at places including but not limited to Bhatkal, Dubai

and Karachi, Pakistan. Investigation revealed that the accused

persons Md. Iqbal, Md. Riyaz and Mohsin Choudhary had

escaped to Pakistan sometime around March, 2009 to evade

arrest in India, and to form the safe base of launching terrorist

activities in India from there using their contacts within India.

Investigation further revealed that the accused Riyaz Bhatkal in

order to strengthen the organisation’s base in Pakistan, called

the other operatives based in Dubai including A-26 from Dubai

to Pakistan for assistance in the plans of the IM. A-6 had asked

Riyaz to send him to Nepal to work with him. Riyaz had

informed him that A-26 had refused to go to Nepal and wanted

to go to Afghanistan instead. (Ref. Supplementary Charge-Sheet

dated 20th February, 2014, Para. 17.54, 17.146 (26), (30),(34))

e. Activities in Pakistan :- Investigation has established that in

pursuance of the conspiracy, the absconding accused A-26,

based in Karachi, Pakistan, made efforts to tie up with

international terrorist organisations like Al Qaeda and the

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Taliban. The accused A-26 wanted to travel to places in

Afghanistan and Syria to work with the Al-Qaeda, for the

furtherance of the conspiracy. The accused A-26 was in regular

contact with other IM operatives based in Karachi, Pakistan,

and was also called along with the accused persons A-10, A-11

and others by the ISI for verification of their activities. The

accused A-26 mailed a letter to the accused A-6 about the

issues at Pakistan. The accused A-6 desired A-26 to shift to

Nepal for assisting him in raising the module form there, if his

travel to Afghanistan was taking time. During chat the accused

A-26 stated that he desired to be dispatched to Syria to work

with other Jihadis and finally die in the battle field to get

heaven. A-26 further stated that he desired that India should

also become like Iraq and Syria (where terrorist activities were

continuously going on and large scale violence was also taking

place). A-26 stated that he would consider joining A-6 at Nepal,

after his Afghanistan tour. (Ref. Supplementary Charge-Sheet dated

20th February, 2014, Para. 17.98 (xvii),17.125(e), (f),(g), 17.145 (vii)(d),

17.146 (26), (30), (34),(37),(39))

f. Recruitment of new operatives:- The accused A-26, during

stay at the Karachi hideout was continuously looking for

recruiting fresh operatives into the IM. A-26 introduced a group

of like minded and highly motivated persons, hailing from

Rajasthan and contacted through Facebook, to the accused A-

10 for integrating them into the IM network, in or around June,

2012. Investigation established that the accused A-10 was in

continuous touch with them and had given some task to them.

A-10 had further sent the accused Tahseen Akhtar @ Monu to

Rajasthan for training of the newly recruited cadres. The

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existence of the Rajasthan module was further validated after

the arrest of the accused Zia-ur-Rehman @ Waqas along with

others of the Rajasthan module in March, 2014, by the Delhi

Police. Significantly, several incriminating materials to be

used in future attacks were also recovered from the arrested

Rajasthan based operatives. (Ref. Supplementary Charge-Sheet

dated 20th February, 2014, Para. 17.146 (29))

17.19 Role of Mohd. Hussain Farhan @ Farhan (A-27) The role and

involvement of the accused Farhan has been clearly established

during the investigation. Several details about the activities of

the accused A-27 have also been pointed out in the

Supplementary Charge-Sheet dated 20th February, 2014. The

culpable activities of the accused A-27, having been established

during the investigation include the following:-

a. Recruitment and initial activities : - Investigation has

established that the absconding accused Md. Hussain Farhan

was a part of the Bhatkal module of the IM, and was recruited

by the absconding accused Riyaz Bhatkal. As per the statement

recorded under section 164 CrPC of the accused Asadullah

Akhtar @ Haddi (A-7), the accused Riyaz Bhatkal motivated the

Bhatkal and Pune Modules. Members of the Bhatkal Module

included 1. Afeef, 2. Salim, 3. Sultan, 4. Farhan, 5. Shareef, 6.

Khan and 7. Yasin Bhatkal (A-6). (Ref. Supplementary Charge-

Sheet dated 20th February, 2014, Para. 17.9)

b. Code name / abbreviation of the accused in chats between

IM operatives:- In the Chats of the accused Mohd. Ahmad

Siddibappa using his email ID/Chat ID [email protected] /

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[email protected] with the accused Md. Riyaz @ Riyaz

Bhatkal, currently residing in Pakistan, at email

[email protected], [email protected], the code/

abbreviation for communication was disclosed as “frhn” or “far”

for the accused Farhan (of Bhatkal). In the chats between the

accused Asadullah Akhtar ([email protected]) and the

accused Md. Riyaz @ Riyaz Bhatkal ([email protected]), the

code “aslm” stood for IM operative Jabrood of Bhatkal, then

based in Pakistan. (Ref. Supplementary Charge-Sheet dated 20th

February, 2014, Para. 17.13, 17.17)

c. Hideouts :- Investigation has established that in pursuance of

the conspiracy, the absconding accused A-26 stayed at several

hideouts at places including but not limited to Bhatkal, Dubai

and Karachi, Pakistan. After the accused persons Md. Iqbal,

Md. Riyaz and Mohsin Choudhary escaped to Pakistan

sometime around March, 2009 to evade arrest in India, the

accused Riyaz Bhatkal in order to strengthen the organisation’s

base in Pakistan, called there other operatives based in Dubai

including Farhan @ Jabroodh for assistance in the plans of the

IM. During investigation, it was revealed that he had been

absconding since long time and his family members were not

aware about his whereabouts. (Ref. Supplementary Charge-Sheet

dated 20th February, 2014, Para. 17.54)

d. Activities in Pakistan :- Investigation has established that in

pursuance of the conspiracy, the absconding accused A-27,

while being based in Karachi, Pakistan, made efforts to tie up

with international terrorist organisations like Al Qaeda and the

Taliban, in order to further the terrorist activities within India. The

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accused A-27 was closely associated with the accused A-10

and wanted to travel to places in Afghanistan and Syria to work

with the Al-Qaeda, for the furtherance of the conspiracy. The

accused A-27 was likely to move to India or Afghanistan on the

instructions of A-10 to carry out terrorist activities. The accused

A-27 was in regular contact with other IM operatives based in

Karachi, Pakistan. He had been given task to monitor and

collect News and Videos daily on issues relating to them. (Ref.

Supplementary Charge-Sheet dated 20th February, 2014, Para. 17.98

(x), (xvii), 17.146 (27), (43), (47))

17.20 Role of Mohd. Rashid @ Sultan @ Rashid @ Abu Rashid (A-28)

The role and involvement of the accused Md. Rashid @ Sultan

(A-28) has been clearly established during the investigation.

Several details about the activities of the accused A-28 have

also been pointed out in the Supplementary Charge-Sheet dated

20th February, 2014. The culpable activities of the accused A-28,

having been established during the investigation include the

following:-

a. Recruitment and initial activities : - Investigation has

established that the absconding accused Md. Rashid @ Sultan

(A-28), also the brother of IM operative Chhota Sajid, who was

killed in Batla House encounter, was a part of the Azamgarh

module of the IM, and was recruited by deceased IM operative

Atif Ameen. As per the statement recorded under section 164

CrPC of the accused Asadullah Akhtar @ Haddi (A-7), Atif

Ameen had motivated 1. Mirza Shadaab Beg, 2. Ariz Khan, 3.

himself, 4. Sarvar Ajmi, and 15 others, who became members

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of the Azamgarh Module. (Ref. Supplementary Charge-Sheet dated

20th February, 2014, Para. 17.9)

b. Code name / abbreviation of the accused in chats between

IM operatives:- During Chat of the accused Mohd. Ahmad

Siddibappa using his email ID/Chat ID [email protected]

with the accused Md. Riyaz @ Riyaz Bhatkal, currently residing

in Pakistan, at email [email protected], the code/

abbreviation for communication was disclosed as “Sult” for the

accused Sultan (Abu Rashid of Azamgarh).(Ref.Supplementary

Charge-Sheet dated 20th February, 2014, Para. 17.13)

c. Hideouts :- Investigation has established that in pursuance of

the conspiracy, the absconding accused A-28 stayed at several

hideouts at places including but not limited to Azamgarh, Delhi

and Karachi, Pakistan.

d. Activities in Pakistan :- Investigation has established that in

pursuance of the conspiracy, the absconding accused A-28,

while being based in Karachi, Pakistan, was continuously

associated with other IM operatives, in order to further the

terrorist activities within India.

17.21 Role of Anwar Hussain @ Anwar @ Noor (A-29) The role and

involvement of the accused Anwar @ Noor has been clearly

established during the investigation. Several details about the

activities of the accused A-29 have also been pointed out in the

Supplementary Charge-Sheet dated 20th February, 2014. The

culpable activities of the accused A-29, having been established

during the investigation include the following:-

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a. Recruitment and initial activities : - Investigation has

established that the absconding accused Anwar @ Noor was a

part of the Bhatkal module of the IM, and was recruited by the

absconding accused Riyaz Bhatkal.

b. Communication :- The items recovered during the personal

search of the arrested accused persons A-6 and A-7, included

several Phone Numbers including the numbers of the contacts

of the accused Md. Ahmed Siddibappa’s in Nepal and India

(family members and associates) and the list of Dubai contacts,

sent on chat by the absconding accused Afeef @ Mota

including the numbers of the absconding accused persons Noor

@ Anwar and Abdul Wahid @ Khan.

c. Code name / abbreviation of the accused in chats between

IM operatives:- During examination of the accused Mohd.

Ahmad Siddibappa relating to his chat using his email ID/Chat

ID [email protected] with the accused Md. Riyaz @ Riyaz

Bhatkal, currently residing in Pakistan, at email

[email protected], the code/ abbreviation for

communication was revealed as “Noor” for the accused A-29.

d. Hideouts :- Investigation has established that in pursuance of

the conspiracy, the absconding accused A-29 stayed at several

hideouts at places including but not limited to Bhatkal and

Dubai in UAE. Noor @ Anwar stayed in Dubai in order to

assist by way of collection and supply of funds to the field

operatives.

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e. Activities in U.A.E :- Investigation has established that in

pursuance of the conspiracy, the absconding accused A-29,

while being based in Dubai, UAE, was continuously associated

with other IM operatives, in order to further the terrorist

activities within India. Riyaz had asked A-6 to contact A-29 at

his Dubai number for the collection of funds, whenever the

accused Abdul Wahid @ Khan / A-10 was unavailable. Further,

the accused A-10 had indicated that he had planned to send

the accused A-29 to Nepal along with another person hailing

from Bhatkal. The accused A-29 was soon to be shifted to

Pakistan from Dubai (UAE), and was to be further sent into

India to assist the accused Tahseen Akhtar @ Monu in the

commission of terrorist activities. (Ref. Supplementary Charge-

Sheet dated 20th February, 2014, Para. 17.107 (xxiv), 17.146 (3), (4))

17.22 Facts disclosed during investigation.

17.22.1 Offences committed by the accused Riyaz Ahmed Shah @

Riyaz Bhatkal @ Md. Riyaz (A-10) :- That from the investigation of

the case and the aforementioned discussion, it is established that

the absconding accused Md. Riyaz @ Riyaz Bhatkal (A-10) resident

of Bhatkal, Karnataka, as a founder member of terrorist organization

“Indian Mujahideen” entered into a criminal 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 a founder member of

the proscribed terrorist outfit from the days when it was called as

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“Usaba”, the accused voluntarily and actively participated in the

conspiracy and planning leading to several terrorist acts including the

blasts at Hyderabad (2007), Jaipur, Delhi and Ahmedabad (2008),

Hyderabad (2013) and also in the actual execution of terrorist acts

including bomb blasts at German Bakery (2010), Chinnaswami

Stadium, Bangalore (2010), Jama Masjid (2010), Sheetlaghat (2010)

and Mumbai (2011) by associating himself with other top operatives

of IM being fully aware that they were involved in the conspiracy for

the commission of terrorist activities in India. For the furtherance of

conspiracy and with intent to strengthen the outfit, he maintained

hideouts at several places in India including Delhi where he set up

the Arms manufacturing factory at Mir Vihar in Delhi in collusion with

other member of the outfit. At Darbhanga, Bihar, he assisted A-6 in

raising a new module of the IM by recruiting several operatives. The

accused whether in India or abroad harboured several absconding

operatives of the banned outfit. He not only maintained contact with

various members of the banned outfit but also facilitated them in

various illegal activities towards the fulfillment of the objectives of the

conspiracy. The accused used forged identities to escape the

clutches of the law and used fake identity documents for arranging

illegal transfer of funds from abroad. The accused adopted different

alias names in order to escape detection by the law enforcement

agencies. The accused with strong religious motivation nurtured deep

hatred against other religious communities and made efforts to wage

war and indulge in violent action against other communities. The

accused made efforts to learn about explosives and experimented

making different types of bombs. The accused contacted the ISI of

Pakistan to solicit all types of infrastructural and financial assistance

for the commission of terrorist activities within India, and regularly

received funds for the activities of the proscribed terrorist outfit. The

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accused also contacted members of international terrorist

organisations like the Taliban and the Al-Qaeda for receiving their

assistance to intensify the war waged against the citizens of India.

The accused always made efforts to raise new modules and

motivated several persons in order to get recruited into the IM. The

accused voluntarily assisted in provision of training in terrorist

activities in Pakistan to other IM operatives including but not limited

to the accused persons A-6 and A-7 for causing death, injuries to

people, loss of, damage to and destruction of property in India. Thus,

the accused has committed offences under sections 120B read

with 121, 121A and 122 of IPC, and Sections 17, 18, 18-A, 18-B,

19, 20, 21 & 39 of UA(P) Act 1967 as amended in Act 35 of 2008.

17.22.2 Offences committed by the accused Md. Iqbal @ Shabandri

Mohammed Iqbal @ Iqbal Bhatkal (A-11):- That from the

investigation of the case and the aforementioned discussion, it is

established that the absconding accused Md. Iqbal @ Iqbal Bhatkal

(A-11) resident of Bhatkal, Karnataka, as a founder member of

terrorist organization “Indian Mujahideen” entered into a criminal

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 and destruction of property. Being a founder member of

the proscribed terrorist outfit, from the days when it was called as

“Usaba”, the accused voluntarily and actively participated as the

mastermind behind the conspiracy and planning leading to several

terrorist acts including but not limited to the blasts at Jaipur, Delhi and

Ahmedabad (2008), Bomb Blasts at Sheetlaghat (2010), Mumbai

(2011), Pune (2012) and Hyderabad (2013). For the furtherance of

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conspiracy and with intent to strengthen the outfit, he maintained

hideouts at several places in India including Delhi. The accused

harboured several absconding operatives of the banned outfit. He not

only maintained contact with various members of the banned outfit

but also facilitated them in various illegal activities towards the

fulfillment of the objectives of the conspiracy. The accused adopted

different alias names in order to escape detection by the law

enforcement agencies. The accused with strong religious motivation

nurtured deep hatred against other religious communities and made

efforts to wage war and indulge in violent action against other

communities. The accused contacted the ISI of Pakistan to solicit all

types of infrastructural and financial assistance for the commission of

terrorist activities within India, and regularly received funds for the

activities of the proscribed terrorist outfit. The accused voluntarily

guided other IM operatives in terrorist activities for causing death,

injuries to people, loss and destruction of property in India. Thus, the

accused has committed offences under sections 120B read with

121, 121A and 122 of IPC, and Sections 17, 18, 18-A, 18-B, 19, 20

and 39 of UA(P) Act 1967 as amended in Act 35 of 2008.

17.22.3 Offences committed by the accused Md. Tahseen Akhtar @

Monu @ Hassan (A-12) : -That from the investigation of the case

and the aforementioned discussion, it is established that Tahseen

Akhtar @ Monu (A-12) son of Wasim Akhtar, resident of Samastipur,

Bihar, as a member of terrorist organization “Indian Mujahideen”

entered into a criminal 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. Being member of the Darbhanga module of the

proscribed terrorist outfit, the accused voluntarily and actively

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participated in the conspiracy and made efforts to organise meetings

for motivating and recruiting new persons to wage terrorist activities

which effectively supported and strengthened the conspiracy hatched

by the operatives of the IM. The accused personally participated in

the conspiracy / execution of several terrorist acts including but not

limited to the Sheetlaghat, Varanasi Blasts of December, 2010,

Mumbai Blasts of July, 2011 and Dlisukhnagar, Hyderabad Blasts of

February, 2013. The accused radicalised several persons on religious

lines to participate in terrorist activities. The accused trained

operatives of the Rajasthan module of the IM in terrorist activities

including the fabrication of IED’s. He not only maintained contact with

various members of the banned outfit but also facilitated them in

various illegal activities towards the fulfillment of the objectives of the

conspiracy. The accused voluntarily participated in the conspiracy of

effecting terrorist activities for causing death, injuries to people, loss

and destruction of property in India. Thus, the accused has

committed offences under sections 120B read with 121, 121A and

122 of IPC, and Sections 18, 18-A, 18-B, 19, 20, 21 and 39 of

UA(P) Act 1967 as amended in Act 35 of 2008.

17.22.4 Offences committed by the accused Ariz Khan @ Junaid (A-

13):- That from the investigation of the case and the aforementioned

discussion, it is established that Ariz Khan @ Junaid (A-13)

resident of Azamgarh, Uttar Pradesh, as a member of Azamgarh

module of the terrorist organization “Indian Mujahideen” was

knowingly associated with the activities of the IM for commission of

terrorist acts in India. Being member of the proscribed terrorist outfit,

the accused voluntarily and actively participated in the conspiracy /

execution of several terrorist acts including but not limited to the

Bomb blasts at Varanasi (at Sankatmochan Mandir, Railway Station

Page 94 of 108

and Ghat), U.P. Court Bomb blasts, November, 2007, and Jaipur

serial blasts of 2008 along with other IM operatives. He not only

maintained contact with various members of the banned outfit but

also facilitated them in various illegal activities towards the fulfillment

of the objectives of the conspiracy. The accused voluntarily assisted

the terrorist activities for causing death, injuries to people, loss and

destruction of property in India. Thus, the accused has committed

offences under Section 20 of UA (P) Act 1967 as amended in Act

35 of 2008.

17.22.5 Offences committed by the accused Md. Sajid @ Bada Sajid

(A-14):- That from the investigation of the case and the

aforementioned discussion, it is established that Md. Sajid @ Bada

Sajid (A-14) resident of Azamgarh, Uttar Pradesh, as a member of

Azamgarh module of the terrorist organization “Indian Mujahideen”

entered into a criminal 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. Being member of the proscribed terrorist outfit,

the accused voluntarily and actively participated in the conspiracy /

execution of several terrorist acts including but not limited to the

Mumbai Train Blasts (2006), Jaipur, Delhi Surat and Ahmedabad

serial blasts of 2008 along with other IM operatives. The accused

joined hands with international terrorist organisations like the Al-

Qaeda and the Taliban to further intensify the war waged against

India, and mostly stayed in Afghanistan for the furtherance of the

objectives. The accused acted as a leader of a sub group of the IM

operatives based in Pakistan, which included the operatives Afeef,

Mirza Shadab Beg, Abu Rashid @ Danda and others, and took all

crucial decisions for this sub-group. He not only maintained contact

Page 95 of 108

with various members of the banned outfit but also facilitated them in

various illegal activities towards the fulfillment of the objectives of the

conspiracy. The accused voluntarily assisted the terrorist activities for

causing death, injuries to people, loss and destruction of property in

India. Thus, the accused has committed offences under Sections

120B read with 121 and 121A of IPC, and Sections 18, 20 and 39

of UA (P) Act 1967 as amended in Act 35 of 2008.

17.22.6 Offences committed by the accused Dr. Shahnawaz Alam @

Dr (A-15):- That from the investigation of the case and the

aforementioned discussion, it is established that Dr. Shahnawaz

Alam (A-15) resident of Azamgarh, Uttar Pradesh, as a member of

terrorist organization “Indian Mujahideen” entered into a criminal

conspiracy along with the other co-conspirators for commission of

terrorist act against Government of India. Being member of the

proscribed terrorist outfit, the accused voluntarily and actively

participated in the conspiracy and execution of several terrorist along

with other IM operatives. The accused joined hands with international

terrorist organisations like the Al-Qaeda to further intensify the war

waged against India, and also stayed in Afghanistan for the

furtherance of the objectives. He not only maintained contact with

various members of the banned outfit but also facilitated them in

various illegal activities towards the fulfillment of the objectives of the

conspiracy. The accused voluntarily assisted the terrorist activities for

causing death, injuries to people, loss and destruction of property in

India. Thus, the accused has committed offences under Sections

120B read with 121 and 121A of IPC, and Sections 18 and 20 of

UA (P) Act 1967 as amended in Act 35 of 2008.

Page 96 of 108

17.22.7 Offences committed by the accused Mirza Shadab Beg @

Engineer (A-16) :- That from the investigation of the case and the

aforementioned discussion, it is established that Mirza Shadab Beg

(A-16) resident of Azamgarh, Uttar Pradesh, as a member of terrorist

organization “Indian Mujahideen” entered into a criminal 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. Being member of the

proscribed terrorist outfit, the accused voluntarily and actively

participated in the conspiracy of several terrorist acts including but

not limited to Varanasi Blasts (2006), UP Court Blasts (2007) where

the accused had planted bombs at Lucknow, Jaipur Serial Blasts

(2008), Ahmedabad, Surat Blasts (2008) and Delhi Serial Blasts

(2008), in order to intensify the war waged against India, in

pursuance of the conspiracy. He not only maintained contact with

various members of the banned outfit but also facilitated them by way

of transferring funds and other means, in various illegal activities

towards the fulfillment of the objectives of the conspiracy. The

accused made efforts along with other IM operatives for the

recruitment and training on new operatives. The accused voluntarily

assisted the terrorist activities for causing death, injuries to people,

loss of, damage to and destruction of property in India. Thus, the

accused has committed offences under Sections 120B read with

121, 121A and 122 of IPC, and Sections 17, 18, 18-B, 20 and 39 of

UA (P) Act 1967 as amended in Act 35 of 2008.

17.22.8 Offences committed by the accused Amir Reza Khan @

Parvez @ Rizwan (A-17) :- That from the investigation of the case

and the aforementioned discussion, it is established that Amir Reza

Khan (A-17) resident of Gaya, Bihar, as a member of terrorist

Page 97 of 108

organization “Indian Mujahideen” entered into a criminal 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. Being member of the

proscribed terrorist outfit, the accused voluntarily and actively

participated in the conspiracy and made efforts to wage terrorist

activities with intent to support and strengthen the conspiracy

hatched by the operatives of the IM. The accused made efforts for

raising funds by means of extortion mainly from Kolkata in West

Bengal, for the commission of terrorist activities. He not only

maintained contact with various members of the banned outfit but

also facilitated them in various illegal activities towards the fulfillment

of the objectives of the conspiracy. The accused voluntarily assisted

the terrorist activities for causing death, injuries to people, loss and

destruction of property in India. Thus, the accused has committed

offences under Sections 120B read with 121 and 121A of IPC, and

Sections 17, 18, 20 and 39 of UA (P) Act 1967 as amended in Act

35 of 2008.

17.22.9 Offences committed by the accused Mohd. Khalid @ Khld

(A-18):- That from the investigation of the case and the

aforementioned discussion, it is established that Md. Khalid (A-18)

resident of Azamgarh, Uttar Pradesh, as a member of terrorist

organization “Indian Mujahideen” entered into a criminal 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. Being member of the

proscribed terrorist outfit, the accused voluntarily and actively

participated in the conspiracy / actual execution of several terrorist

acts including but not limited to Jaipur, Ahmedabad and Delhi Serial

Page 98 of 108

Blasts of 2008. He not only maintained contact with various members

of the banned outfit but also facilitated them in various illegal

activities towards the fulfillment of the objectives of the conspiracy.

The accused voluntarily assisted the terrorist activities for causing

death, injuries to people, loss and destruction of property in India.

Thus, the accused has committed offences under Sections 120B

read with 121 and 121A of IPC, and Sections 18 and 20 of UA (P)

Act 1967 as amended in Act 35 of 2008.

17.22.10 Offences committed by the accused Mohsin Choudhary @

Ashfaq (A-19):- That from the investigation of the case and the

aforementioned discussion, it is established that Mohsin

Choudhary (A-19) resident of Pune, Maharashtra, as a member of

terrorist organization “Indian Mujahideen” entered into a criminal

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. Being member of

the proscribed terrorist outfit, the accused voluntarily and actively

participated in the conspiracy / actual execution of several terrorist

acts including but not limited to the blasts in Gujarat at Ahmedabad

and Surat in 2008. During stay at the hideout in Karachi, Pakistan the

accused made efforts for raising funds by means of extortion mainly

from Pune, Maharashtra, for the commission of terrorist activities. He

not only maintained contact with various members of the banned

outfit but also facilitated them in various illegal activities towards the

fulfillment of the objectives of the conspiracy. The accused voluntarily

assisted the terrorist activities for causing death, injuries to people,

loss and destruction of property in India. Thus, the accused has

committed offences under Sections 120B read with 121, 121A and

Page 99 of 108

122 of IPC, and Sections 17, 18 and 20 of UA (P) Act 1967 as

amended in Act 35 of 2008.

17.22.11 Offences committed by the accused Haidar Ali @ Abdullah

(A-20) :- That from the investigation of the case and the

aforementioned discussion, it is established that Haidar Ali @

Abdullah (A-20) resident of Aurangabad, Bihar, as a member of

terrorist organization Students Islamic Movement of India (SIMI) and

an associate of the “Indian Mujahideen” entered into a criminal

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. Being member of

the proscribed terrorist outfits, the accused voluntarily and actively

participated in the conspiracy and execution of several terrorist

incidents including but not limited to the serial blasts at Bodh Gaya

(7th July, 2013) and Patna (27th October, 2013). The accused

received funds from SIMI operatives including the charge-sheeted

accused A-9. The accused harboured several absconding operatives

including the accused Tahseen Akhtar @ Monu and SIMI operative

Abu Faisal, in order to evade arrest by the law enforcement

agencies. The accused radicalised and motivated several other

persons on religious lines to wage war for taking revenge against

other communities. He not only maintained contact with various

members of the banned outfit but also facilitated them in various

illegal activities towards the fulfillment of the objectives of the

conspiracy. The accused voluntarily assisted the terrorist activities for

causing death, injuries to people, loss and destruction of property in

India. Thus, the accused has committed offences under Sections

120B read with 121, 121A and 122 of IPC, and Sections 17, 18,

18-B, 19 and 20 of UA (P) Act 1967 as amended in act 35 of 2008.

Page 100 of 108

17.22.12 Offences committed by the accused Mohammed Saleem

Ishaqui @ Salim Ishaqui @ Shehzad (A-21):- That from the

investigation of the case and the aforementioned discussion, it is

established that Salim Ishaqui (A-21) resident of Bhatkal,

Karnataka, as a member of terrorist organization “Indian Mujahideen”

entered into a criminal conspiracy along with the other co-

conspirators for commission of terrorist act against Government of

India. Being member of the proscribed terrorist outfit, the accused

voluntarily and actively participated in the conspiracy, and made

efforts to wage terrorist activities with intent to support and strengthen

the conspiracy hatched by the operatives of the IM. While based in

Pakistan, the accused travelled to the bordering areas of Afghanistan

and Pakistan to receive specialised training for the commission of

terrorist acts. The accused created fake documents using his

knowledge of computer softwares for being used by the IM

operatives for illegal tasks. He not only maintained contact with

various members of the banned outfit but also facilitated them in

various illegal activities towards the fulfillment of the objectives of the

conspiracy. The accused voluntarily assisted the terrorist activities for

causing death, injuries to people, loss and destruction of property in

India. Thus, the accused has committed offences under Sections

120B read with 121 and 121A of IPC, and Sections 18 and 20 of

UA (P) Act 1967 as amended in act 35 of 2008.

17.22.13 Offences committed by the accused Afif Jailani @ Afeef @

Mota Bhai (A-22) :- That from the investigation of the case and the

aforementioned discussion, it is established that Afeef (A-22)

resident of Bhatkal, Karnataka, as a founder member of terrorist

organization “Indian Mujahideen” entered into a criminal conspiracy

Page 101 of 108

along with the other co-conspirators for commission of terrorist act

against Government of India. Being member of the proscribed

terrorist outfit, the accused voluntarily and actively participated in the

conspiracy and made efforts to wage terrorist activities with intent to

support and strengthen the conspiracy hatched by the operatives of

the IM. The accused also made efforts to establish a sub-group of

operatives to further the cause of the conspiracy. He not only

maintained contact with various members of the banned outfit but

also facilitated them in various illegal activities towards the fulfillment

of the objectives of the conspiracy. The accused voluntarily assisted

the terrorist activities for causing death, injuries to people, loss and

destruction of property in India. Thus, the accused has committed

offences under Sections 120B read with 121 and 121A of IPC, and

Sections 18 and 20 of UA (P) Act 1967 as amended in Act 35 of

2008.

17.22.14 Offences committed by the accused Abu Rashid @ Sheikh

@ Danda (A-23) :- That from the investigation of the case and the

aforementioned discussion, it is established that Abu Rashid @

Danda (A-23) resident of Azamgarh, Uttar Pradesh, as a member of

terrorist organization “Indian Mujahideen” was knowingly associated

with the activities of the IM for commission of terrorist acts in India.

Being member of the proscribed terrorist outfit, the accused

voluntarily made efforts to wage terrorist activities with intent to

support and strengthen the conspiracy hatched by the operatives of

the IM. The accused made efforts to tie up with international terrorist

organisations like the Al Qaeda and Taliban, to further the terrorist

activities within India, and mostly stayed in Afghanistan / Afghanistan-

Pakistan bordering areas. The accused also made a plan to shift his

family out of India into Pakistan to further support his resolution in

Page 102 of 108

waging terrorist activities within India. He not only maintained contact

with various members of the banned outfit but also facilitated them in

various illegal activities towards the fulfillment of the objectives of the

conspiracy. The accused voluntarily assisted the terrorist activities for

causing death, injuries to people, loss and destruction of property in

India. Thus, the accused has committed offences under Sections

20 and 39 of UA (P) Act 1967 as amended in Act 35 of 2008.

17.22.15 Offences committed by the accused Zia Ur Rehman @

Waqas @ Javed (A-24):- That from the investigation of the case and

the aforementioned discussion, it is established that Waqas @ Javed

(A-24) resident of Pakistan, as a member of terrorist organization

“Indian Mujahideen” entered into a criminal 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. Being member of the proscribed

terrorist outfit, the accused voluntarily and actively participated in the

conspiracy / execution of several terrorist acts including but not

limited to terrorist attack near Jama Majsid, Delhi (2010), Bomb Blast

at Sheetlaghat, Varanasi (2010), Mumbai Serial Blasts (2011), Pune

Serial Blasts (2012) and Hyderabad Twin Blasts (2013). The

accused also orgainsed training camps for the training of the IM

operatives in the fabrication of IED’s and trained several operatives

including but not limited to the charge-sheeted accused A-1, at

Darbhanga, Bihar. He not only maintained contact with various

members of the banned outfit but also facilitated them in various

illegal activities towards the fulfillment of the objectives of the

conspiracy. The accused voluntarily assisted the terrorist activities for

causing death, injuries to people, loss and destruction of property in

India. Thus, the accused has committed offences under Sections

Page 103 of 108

120B read with 121, 121 A and 122 of IPC, and Sections 18, 18-A,

18-B and 20 of UA (P) Act 1967 as amended in act 35 of 2008.

17.22.16 Offences committed by the accused Abdul Khadir Sultan

Armar @ Sultan @ Shekhu (A-25):- That from the investigation of

the case and the aforementioned discussion, it is established that

Sultan Armar (A-25) resident of Bhatkal, Karnataka, as a member of

terrorist organization “Indian Mujahideen” entered into a criminal

conspiracy along with the other co-conspirators for commission of

terrorist act against Government of India. Being member of the

proscribed terrorist outfit, the accused voluntarily and actively

participated in the conspiracy and made efforts to wage terrorist

activities with intent to support and strengthen the conspiracy

hatched by the operatives of the IM. He not only maintained contact

with various members of the banned outfit but also facilitated them in

various illegal activities towards the fulfillment of the objectives of the

conspiracy. The accused voluntarily assisted the terrorist activities for

causing death, injuries to people, loss and destruction of property in

India. Thus, the accused has committed offences under Sections

120B read with 121 and 121A of IPC, and Sections 18, 20 and 39

of UA (P) Act 1967 as amended in Act 35 of 2008.

17.22.17 Offences committed by the accused Mohammed Shafi

Armar @ Shafi (A-26):- That from the investigation of the case and

the aforementioned discussion, it is established that Shafi Armar

(A-26) resident of Bhatkal, Karnataka, as a member of terrorist

organization “Indian Mujahideen” entered into a criminal conspiracy

along with the other co-conspirators for commission of terrorist act

against Government of India. Being member of the proscribed

terrorist outfit, the accused voluntarily and actively participated in the

Page 104 of 108

conspiracy and made efforts to wage terrorist activities with intent to

support and strengthen the conspiracy hatched by the operatives of

the IM. The accused made efforts to contact like minded persons

through social media on the internet, and thus raised the Rajasthan

module of IM operatives. He not only maintained contact with various

members of the banned outfit but also facilitated them in various

illegal activities towards the fulfillment of the objectives of the

conspiracy. The accused voluntarily assisted the terrorist activities for

causing death, injuries to people, loss and destruction of property in

India. Thus, the accused has committed offences under Sections

120B read with 121 and 121A of IPC, and Sections 18, 18-B, 20

and 39 of UA (P) Act 1967 as amended in Act 35 of 2008.

17.22.18 Offences committed by the accused Mohd. Hussain Farhan

@ Farhan (A-27) :- That from the investigation of the case and the

aforementioned discussion, it is established that Farhan (A-27)

resident of Bhatkal, Karnataka, as a member of terrorist organization

“Indian Mujahideen” entered into a criminal conspiracy along with the

other co-conspirators for commission of terrorist act against

Government of India. Being member of the proscribed terrorist outfit,

the accused voluntarily and actively participated in the conspiracy

and made efforts to wage terrorist activities with intent to support and

strengthen the conspiracy hatched by the operatives of the IM. He

not only maintained contact with various members of the banned

outfit but also facilitated them in various illegal activities towards the

fulfillment of the objectives of the conspiracy and other activities in

contravention of the law. The accused voluntarily assisted the

terrorist activities for causing death, injuries to people, loss and

destruction of property in India. Thus, the accused has committed

offences under Sections 120B read with 121 and 121A of IPC, and

Page 105 of 108

Sections 18, 20 and 39 of UA (P) Act 1967 as amended in Act 35

of 2008.

17.22.19 Offences committed by the accused Md. Rashid @

Sultan(A-28) :- That from the investigation of the case and the

aforementioned discussion, it is established that Md. Rashid @

Sultan(A-28) resident of Azamgarh, Uttar Pradesh, as a member of

terrorist organization “Indian Mujahideen” was knowingly associated

with the activities of the IM for commission of terrorist acts in India.

Being member of the proscribed terrorist outfit, the accused

voluntarily and actively participated in the conspiracy and made

efforts to wage terrorist activities with intent to support and strengthen

the conspiracy hatched by the operatives of the IM. He not only

maintained contact with various members of the banned outfit but

also facilitated them in various illegal activities towards the fulfillment

of the objectives of the conspiracy. The accused voluntarily assisted

the terrorist activities for causing death, injuries to people, loss of,

damage to and destruction of property in India. Thus, the accused

has committed offences under Sections 20 and 39 of UA (P) Act

1967 as amended in Act 35 of 2008.

17.22.20 Offences committed by the accused Anwar Hussain @

Anwar @ Noor (A-29):- That from the investigation of the case and

the aforementioned discussion, it is established that Anwar @ Noor

(A-29) resident of Bhatkal, Karnataka, as a member of terrorist

organization “Indian Mujahideen” was knowingly associated with the

activities of the IM for commission of terrorist acts in India. Being

member of the proscribed terrorist outfit, the accused voluntarily and

actively participated in the conspiracy and made efforts to wage

terrorist activities with intent to support and strengthen the conspiracy

Page 106 of 108

hatched by the operatives of the IM. He not only maintained contact

with various members of the banned outfit but also facilitated them in

various illegal activities towards the fulfillment of the objectives of the

conspiracy. The accused voluntarily assisted the terrorist activities for

causing death, injuries to people, loss and destruction of property in

India. Thus, the accused has committed offences under Sections

20, 39 and 40 of UA (P) Act 1967 as amended in Act 35 of 2008.

17.22.21 The sanction for prosecution in respect of the aforementioned

accused persons namely 1. Riyaz Ahmed Shah @ Riyaz Bhatkal

@ Md. Riyaz (A-10), 2. Md. Iqbal @ Shabandri Mohammed Iqbal

@ Iqbal Bhatkal (A-11), 3. Md. Tahseen Akhtar @ Monu @

Hassan (A-12), 4. Ariz Khan @ Junaid (A-13), 5. Mohd. Sajid @

Bada Sajid (A-14), 6. Dr. Shahnawaz Alam @ Dr (A-15), 7. Mirza

Shadab Beg @ Engineer @ Engr (A-16), 8. Amir Reza Khan @

Parvez @ Rizwan (A-17), 9. Mohd. Khalid @ Khld (A-18), 10.

Mohsin Choudhary @ Ashfaq @ Ali (A-19), 11. Haidar Ali @

Abdullah (A-20), 12. Mohammed Saleem Ishaqui @ Salim Ishaqui

@ Shehzad (A-21), 13. Afif Jailani @ Afeef @ Mota Bhai (A-22),

14. Abu Rashid @ Sheikh @ Danda (A-23), 15. Zia Ur Rehman @

Waqas @ Javed (A-24), 16. Abdul Khadir Sultan Armar @ Sultan

@ Shekhu (A-25), 17. Mohammed Shafi Armar @ Shafi (A-26), 18.

Mohd. Hussain Farhan @ Farhan (A-27), 19. Mohd. Rashid @

Sultan @ Rashid @ Abu Rashid (A-28), and 20. Anwar Hussain @

Anwar @ Noor (A-29) under Section 45(1) of Unlawful Activities

(Prevention) Act, 1967 has been obtained from the competent

authority vide Order No. 11011/47/2012/IS.IV dated 22-9-2014 and

enclosed herewith.

Page 107 of 108

17.23 It is, therefore, prayed that cognizance of these offences punishable

under the aforesaid Sections of Law, as mentioned hereinabove

against accused persons namely 1. Riyaz Ahmed Shah @ Riyaz

Bhatkal @ Md. Riyaz (A-10), 2. Md. Iqbal @ Shabandri

Mohammed Iqbal @ Iqbal Bhatkal (A-11), 3. Md. Tahseen Akhtar

@ Monu @ Hassan (A-12), 4. Ariz Khan @ Junaid (A-13), 5. Mohd.

Sajid @ Bada Sajid (A-14), 6. Dr. Shahnawaz Alam @ Dr (A-15), 7.

Mirza Shadab Beg @ Engineer @ Engr A-16), 8. Amir Reza Khan

@ Parvez @ Rizwan (A-17), 9. Mohd. Khalid @ Khld (A-18), 10.

Mohsin Choudhary @ Ashfaq @ Ali (A-19), 11. Haidar Ali @

Abdullah (A-20), 12. Mohammed Saleem Ishaqui @ Salim Ishaqui

@ Shehzad (A-21), 13. Afif Jailani @ Afeef @ Mota Bhai (A-22),

14. Abu Rashid @ Sheikh @ Danda (A-23), 15. Zia Ur Rehman @

Waqas @ Javed (A-24), 16. Abdul Khadir Sultan Armar @ Sultan

@ Shekhu (A-25), 17. Mohammed Shafi Armar @ Shafi (A-26), 18.

Mohd. Hussain Farhan @ Farhan (A-27), 19. Mohd. Rashid @

Sultan @ Rashid @ Abu Rashid (A-28), and 20. Anwar Hussain @

Anwar @ Noor (A-29) 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.

Page 108 of 108

Dispatched on : 22nd September, 2014

No. of enclosures : 4

List of enclosures :

a. Annexure A (List of witnesses)

b. Annexure B (List of documents, 164 Cr PC statements and

Expert Opinions)

c. Annexure C (List of Material Evidence)

d. Original Prosecution Sanction Order

Signature of the investigating

Officer submitting the Final

Report/Charge sheet

Name: Vikas Vaibhav, IPS

Superintendent of Police, CIB-1,

NIA, New Delhi