Press Trust of India
Kochi, 1 October
Thirteen accused, including suspected Lashkar-e-Taiyyaba (LeT) operative T Naseer, were today found guilty by a NIA court here in a case related to recruitment of youths from Kerala for terror camps in Jammu and Kashmir to ‘wage war against India’.
The court, however, acquitted five others giving them the benefit of doubt and set them at liberty. They are Mohammed Nainar, Badaruddin, Anaz P K, Sheneej and Abdul Hameed.
The quantum of sentence against those found guilty is expected to be pronounced on 4 October. In a 347-page order, special court judge S Vijay Kumar observed that “enemies are dangerous people and they will strike at any time. People among us who join hands with the alien enemies are more dangerous than enemies themselves”.
There were 24 accused in the case and of them four ~ Fayas, Fayis, Abdul Rahim and Yasin ~ were killed in an encounter in Jammu and Kashmir and two others Pakistani nationals Abdul Wali, said to be a LeT commander, and Mohammed Sabir are absconding.
The judge held that T Abdul Jabbar, the 15th accused, who managed to escape in the encounter, had waged war against India, thus committing offences punishable under Section 121 IPC read with Section 16 of Unlawful Activities Prevention Act (UAPA), for which the maximum punishment is death sentence.
The remaining accused have been found guilty under Section 121A (conspiracy to commit offences punishable by Section 121), IPC and different sects of UAP Act, for which the maximum sentence is up to life imprisonment.
Sarfurz Nawaz had also raised funds for terrorist acts by sending money from abroad for which incriminating material was seized from him. He was convicted under Section 17 of the UAPA act.
The case against the accused, including Abdul Wali, was that they had conspired with the banned LeT and recruited several youths from Kerala to carry out anti-national activities in Jammu and Kashmir.
The NIA had in February 2011 filed the charge sheet which had said the youths recruited in 2006 were given armed training in terrorist modules to wage war against India.
In its verdict, the court pointed out that the conduct of jihadi classes under the guise of ‘Twarikath classes’, the attendance of the accused persons in such classes, their journey to various places, including Hyderabad, Delhi and joining hands with LeT militants, including Pakistanis, in the Lolab forest in Kashmir and getting trained in arms and ammunition and the incessant phone contacts, showed they were preparing to wage war and to commit terrorist acts.
“That they finally waged war against India’s military and security forces hand-in-hand with LeT in which four of them were killed have all been properly highlighted to the extent possible by ocular evidence as well as by documents wherever possible,” the judge observed.