charge sheet - national investigation agency permanent) : mohallah- bazbahadur, kote kila road,...
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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
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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
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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
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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
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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
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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