CHARGE SHEET - National Investigation Agency 1 of 42 CHARGE SHEET (Under Section 173 Cr.P.C) IN THE COURT OF THE LEARNED SPECIAL JUDGE, NIA, PATIALA HOUSE, NEW …

Page 1 of 42

CHARGE SHEET

(Under Section 173 Cr.P.C)

IN THE COURT OF THE LEARNED SPECIAL JUDGE, NIA, PATIALA

HOUSE, NEW DELHI

1. Name of the Investigation

Agency.

National Investigation Agency

(NIA)

FIR No and date RC - 06/2012/NIA/DLI Dated

10.09.2012

2. Final Report/Charge Sheet

No.

2 / 2013.

3. Date 17th July, 2013.

4. Sections of Law. Sections 121A and 123 of the

Indian Penal Code, 1860 and

Sections 17, 18, 18B and 20 of

the Unlawful Activities

(Prevention) Act 1967 as

amended by Act 35 of 2008.

5. Type of Final Report/Charge

Sheet

Charge sheet.

6. If Final Report Un-occurred/

false/ Mistake of

fact/Mistake of law/Non-

Cognizable /Civil Nature.

Not Applicable.

7. If Charge-sheeted:

Original / Supplementary.

Original.

8. Name of Investigation

Officer.

Vikas Vaibhav, IPS, SP/NIA

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

SP/NIA

10. Details of Properties

/Articles/ Documents

recovered/seized during the

investigation and relied

upon:

As per Annexure B & C

enclosed.

11. (11.1) Particulars of accused persons charge sheeted:

Name : Md. Danish Ansari @ Abdul Wahab @ Saleem @ Abdullah

(herein after referred as A-1)

Father’s Name : Md. Zafeer Ansari

Year/Date of Birth : 02.02.1993

Sex : Male

Nationality : Indian

Religion : Muslim

Occupation : Member/Cadre of Indian

Mujahideen (IM)

Address (Present) : Chakjora, Leharia Sarai,

Darbhanga, Bihar.

Address( Permanent) : Chakjora, Leharia Sarai,

Darbhanga, Bihar.

Whether verified : Yes

Date of Arrest : 21.01.2013

Under Acts & Sections (of

charge sheet)

: Sections 18, 20, 38(2) and 39(2)

of UA (P) Act 1967, as amended in

Act 35 of 2008.

Status of the accused : In the judicial custody of the

Learned NIA Special Court, New

Delhi

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(11.2) Particulars of accused persons charge sheeted:

Name : Mohd Aftab Alam @ Farooq @ Shaikhchilli @ Hafij Ji (herein after referred as A-2)


Father’s Name : Mohd. Ayub

Year/Date of Birth : 24 Yrs

Sex : Male


Religion : Muslim

Occupation : Member/Cadre of Indian

Mujahideen (IM)

Address (Present) : Sakin Balwa, P.O. Adhang, Distt.

Jalalgarh, Purnea, Bihar.

Address( Permanent) : Sakin Balwa, P.O. Adhang, Distt.

Jalalgarh, Purnea, Bihar.



charge sheet)

: Sections 18, 19, 20, 38(2) and

39(2) of UA (P) Act 1967, as

amended in Act 35 of 2008.



Delhi

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(11.3) Particulars of accused persons charge sheeted:

Name : Imran Khan @ Zakaria @

Saleem @ Fazal @ Tabrez @ Raj

@ Patel



Father’s Name : Wajid Khan


Sex : Male


Religion : Muslim

Occupation : Member / Cadre of Indian

Mujahideen (IM)

Address (Present) : Peer Burhan Nagar, Near Masjid

Saleheen, Bhagya Nagar,

Nanded, Maharashtra.

Address( Permanent) : Peer Burhan Nagar, Near Masjid

Saleheen, Bhagya Nagar,

Nanded, Maharashtra.



charge sheet)

: Sections 18, 18 (B), 20, 38(2) and

39(2) of the UA (P) Act of UA (P)

Act 1967 as amended in Act 35 of

2008.



Delhi

Page 5 of 42

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

Name : Syed Maqbool @ Zuber



Father’s Name : Syed Haji


Sex : Male


Religion : Muslim


Mujahideen (IM).

Address (Present) : Sanatan Nagar, near Madina

Masjid Dharmabad, Nanded,

Maharashtra.

Address( Permanent) : Sanatan Nagar, near Madina

Masjid Dharmabad, Nanded,

Maharashtra.



charge sheet)

: Sections 18, 18(A), 18(B), 20,

38(2) and 39(2) of UA (P) Act 1967

as amended in Act 35 of 2008.



Delhi

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

Name : Obaid Ur Rehman



Father’s Name : Late Mohd. Hamaid


Sex : Male


Religion : Muslim


Mujahideen (IM)

Address (Present) : 18/1/11/8, Gulshan Iqbal Colony

Chandrayan Gutta, Hyderabad,

Andhra Pradesh.

Address( Permanent) : 18/1/11/8, Gulshan Iqbal Colony

Chandrayan Gutta, Hyderabad,

Andhra Pradesh




charge sheet)

: Sections 18, 18 (B), 19, 20, 38(2)

and 39(2) of UA (P) Act 1967 as

amended in Act 35 of 2008.



Delhi

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

Nil

13. (i) Particulars of witnesses to be : As per the list

examined enclosed in Annexure (A)

(ii) List/details of documents/Articles : As per the list enclosed in

Annexure (B) & (B1) and

Annexure (C)

14. If FIR is false, indicate action taken or proposed to

be taken u/s 182/211 IPC : Not applicable

15. Result of laboratory analysis : As per the list enclosed

in Annexure (D)

16. Brief facts of the case:

16.1 In pursuance of the directive of the Ministry of Home Affairs,

Government of India, vide Order No. F. No. 11011/21/2012-IS.IV

dated 29.3.2012, the National Investigation Agency, New Delhi,

India (NIA) registered a case as Regular Case No.

6/2012/NIA/New Delhi dated 10.09.2012 under Sections 121A &

123 of the IPC and Sections 17,18, 18A, 18B & 20 of the

Unlawful Activities (Prevention) Act, 1967 as amended by Act 35

of 2008, against the accused persons namely, 1. Yasin Bhatkal

@ Ahmed Zarrar @ Imran @ Asif @ Shahrukh, resident of No.

938, S M Zarrar Manzil, Jail Road, Maqdoom Colony, Bhatkal,

Karnataka, 2. Riyaz Bhatkal @ Ahmed, son of Ismail

Shahbandari, resident of Fatime Manzil, Tengingundi Cross,

Bhatkal, Karnataka, 3. Iqbal Bhatkal @ Mohammad, son of

Ismail Shahbandari, resident of Fatime Manzil, Tengingundi

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Cross, Bhatkal, Karnataka, 4. Mohsin Choudhary, son of

Ibrahim Ismail Choudhary, resident of Flat No. 3, Survey No. 49,

Maneesha Complex, Meetha Nagar, Kondhwa Khurd, Pune,

Maharashtra, 5. Amir Reza Khan @ Parvez @ Rizwan @

Muttaki, son of Ishaque Ali Khan, resident of Maheyan, PS

Mahantapur, District- Gaya, Bihar, 6. Tahsin Akhtar @ Monu

son of Wasim Akhtar resident of Maniarpur, PS Kalyanpur,

District- Samastipur, Bihar, 7. Dr. Shahnawaz Alam, son of

Shadab Ahmed, resident of Village/PO Sanjarpur, PS Saraimeer,

Tehsil- Nizamabad, District- Azamgarh, Uttar Pradesh, 8.

Asadullah Akhtar @ Haddi, son of Dr. Javed Akhtar, resident of

Near Ghulami ka Pura, Behind Tedia Masjid, District- Azamgarh,

Uttar Pradesh, 9. Ariz Khan @ Junaid, son of Zafre Alam,

resident of Kot Area, District- Azamgarh, Uttar Pradesh, 10. Md.

Sajid @ Bada Sajid, son of Late Quraishan, resident of

Village/PO Sanjarpur, PS Saraimeer, Tehsil- Nizamabad,

District- Azamgarh, Uttar Pradesh, 11. Md. Khalid, son of Late

Sageer Ahmed, resident of Village/PO Sanjarpur, PS Saraimeer,

Tehsil- Nizamabad, District- Azamgarh, Uttar Pradesh, 12. Mirza

Shadab Beg, son of Mirza Ahttesham Beg, resident of Raja ka

Kila, District- Azamgarh, Uttar Pradesh, who are absconding and

other persons for entering into a criminal conspiracy to wage war

against the Government of India, being members of the banned

terrorist organisation Indian Mujahideen(IM).

16.2 It was alleged that in furtherance of their conspiracy, some

functionaries of the Indian Mujahideen (IM) are undertaking

large scale recruitment/ induction of new members, for

commission of terrorist act, in various parts of the country with

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the active aid and support from their Pakistan based associates

and with their sleeper cells within the country to commit terrorist

act by causing Bomb Blasts at important and prominent places

in India especially in Delhi.

16.3 Source information revealed that Indian Mujahideen (IM)

operatives and its frontal organizations are receiving regular

funding from abroad to finance their terror activities.

16.4 During the investigation, the role of another five IM operatives,

namely Md. Danish Ansari @ Abdul Waheb @ Saleem @

Abdullah (A-1), Mohd Aftab Alam @ Farooq @ Shaikhchilli

@ Hafij Ji (A-2), Imran Khan @ Zakaria @ Saleem @ Fazal @

Tabrez @ Raj @ Patel (A-3), Syed Maqbool @ Zuber (A-4)

and Obaid Ur Rehman (A-5) transpired. They were involved in

the larger conspiracy of the IM to wage war against the

Government of India. They were subsequently arrested in

connection with the instant case for their substantial role in the

conspiracy and commission of offence. At present they are

under judicial custody of the Ld. Court.

17. Facts Disclosed During Investigation

17.1. Precedent to narrating the facts established during

investigation, a brief introduction of the terrorist organisation to which

the accused persons belong, would help in appreciating the facts

gathered during the course of investigation.

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17.2. Formation of the Indian Mujahideen and the hatching

of the conspiracy :- The Indian Mujahideen (herein after referred to

as IM) a terrorist organization proscribed under the provisions of the

Unlawful Activities (Prevention) Act 1967 (as amended in act 35 of

2008), was formed in or around the end of year 2003 after a group of

certain ultra radicalised Muslim youth segregated themselves from

the Students Islamic Movement of India (SIMI) in the aftermath of the

communal mobilisation caused due to factors like the Babri Masjid

demolition incident (1992) and the riots in Gujarat after the Godhra

incident (2002). These ultra radicalized youth belonged to different

parts of India and were chiefly associated with places like Bhatkal,

Azamgarh, Kolkata, Mumbai, Delhi and others. They entered into a

conspiracy to carry out terrorist attacks in different parts of India

with a motive to wage war against the Government of India, by

identifying and organising more such ultra radicalised Muslim youth on

religious lines and thereby forming a Jehadist group, to effect acts of

revenge against the perceived threats and biases faced by the

minority community. This outfit which was to be assisted by the

handlers from Pakistan. The Indian Mujahideen was banned by the

Government of India under the Unlawful Activities (Prevention) Act

as a terrorist organisation on 22nd June 2009.

17.3. Involvement of the Indian Mujahideen in terrorist

incidents :- Investigation disclosed that the role of the Indian

Mujahideen in the commission of terrorist incidents was revealed for

the first time from an email which was sent to certain media

channels/news networks, immediately after the bombings in the courts

of Varanasi, Faizabad (Ayodhya) and Lucknow in Uttar Pradesh, on

23.11.2007. Through this email, the Indian Mujahideen apart from

http://en.wikipedia.org/wiki/Unlawful_Activities_(Prevention)_Act

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claiming the responsibility for the UP Court Blasts, also claimed the

responsibility for the earlier terrorist incidents at Varanasi on 7.3.2006,

Mumbai Serial Blasts on 11.7.2006 and the Hyderabad Twin Blasts at

Gokul Chaat and Lumbini Park on 25.8.2007. The group further cited

Babri Masjid demolition and Gujarat riots as the major reasons for

their adopting the violent path. The Indian Mujahideen through further

emails also owned the responsibility for the terrorist incidents at Jaipur

on 13.5.2008, serial blasts in Ahmedabad on 26.7.2008, Delhi Serial

Blast on 13.9.2008 etc. During investigation, copies of the emails sent

by the operatives of the Indian Mujahideen to various media networks

were taken on production from the state investigation agencies and

analysed to understand the ideology and aims of the Indian

Mujahideen.

17.4. Radical Ideology of the Indian Mujahideen reflected in

the emails sent :- Investigation revealed that the ideology of the IM is

highly radicalised and poses a serious threat to the unity, integrity,

secular fabric and security of India. The operatives of the IM do not

believe in the Constitution of India and believe in waging war against

the Government of India, and nurse communal hatred against the

Hindu community. According to the mail sent before the Ahmedabad

serial blasts by the IM, they were “raising the illustrious banner of

Jihad against the Hindus and all those who fight and resist us, and

here we begin our revenge with the help and permission of Allah – a

terrifying revenge of our blood, our lives and our honour that will,

Insha-Allah, terminate your survival on this land.” The mail sent called

upon Hindus to “realise that the falsehood of your 33 crore dirty mud

idols and the blasphemy of your deaf, dumb, mute and naked idols of

Ram, Krishna and Hanuman are not at all going to save your necks

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from being slaughtered by our hands.” It demanded that Hindus

changed their attitudes lest “another attack of Ibn-e-Qasim sends

shivers down your spines, lest another Ghauri shakes your

foundations, and another Ghaznavi massacres you, proving your

blood to be the cheapest of all mankind.” In the email sent after the

serial blasts in Delhi on 13.9.2008, they mentioned that they wanted to

ensure that the “heart of India stops from beating.”

17.5. Disclosure of identity of IM Operatives after Batla

House Encounter in 2008 :- That the identity of some operatives of

the IM was disclosed for the first time after an encounter with the

Special Cell, Delhi Police at Batla house, Jamia Nagar, New Delhi on

19.09.2008, in which one member of the IM was arrested. Later, more

operatives of the banned outfit were arrested from other parts of the

country. During investigation by the Special Cell, Delhi Police, several

aspects related to the origin and the functioning of the IM were

revealed. The members of Indian Mujahideen executed the bomb

blasts under the directions of senior functionaries like Riyaz Bhatkal,

Iqbal Bhatkal, Yasin Bhatkal and Amir Reza Khan who are still

absconding from the clutches of the law of the land.

17.6. Investigation about the origin and activities of the IM at

Bhatkal:- The investigation carried out by the NIA in Bhatkal,

Karnataka, further revealed that around the end of the year 2003, the

accused persons Iqbal Bhatkal, Riyaz Bhatkal, Md. Ahmed Siddibappa

Zarrar @ Yasin Bhatkal and others who were earlier associated with

the SIMI, also a banned organization, entered into a conspiracy to

wage war against the Government of India. They decided to form a

new terrorist organisation called the Indian Mujahideen, to carry out

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terrorist attacks in different parts of India with a view to terrorize the

Indian citizens especially the majority community and to wage war

against the Government of India.

17.7. Details of important IM operatives involved in terrorist

acts:- That during the investigation, the roles of several persons

involved in the conspiracy resulting in several terrorist acts was

established. More specifically, the roles of the accused persons

namely 1. Yasin Bhatkal @ Md. Ahmed Siddibappa Zarrar @ Imran

@ Asif @ Shahrukh, 2. Iqbal Bhatkal @ Mohammad Iqbal, 3. Riyaz

Bhatkal @ Mohammad Riyaz, 4. Amir Reza Khan @ Parvez @

Rizwan @ Muttaki, 5. Tahsin Akhtar @ Monu, 6. Ariz Khan @

Junaid @ Wakas and 7. Asadullah Akhtar @ Haddi (All named in

the FIR of the instant case) and others, were revealed as principal

conspirators and executors in various heinous terrorist acts in different

parts of India including but not limited to the Jaipur Serial blasts on

13.5.2008, Ahmedabad Serial Blasts on 26.07.2008, Delhi Serial

Blasts on13.09.2008, Pune German Bakery blast during February,

2010, Chinnaswami Stadium, Bangalore Blasts on 17.4.2010,

Mumbai Serial Blasts on13.07.2011, etc.

17.8. Recruitment of cadres by the IM :- That investigation has

revealed that in pursuance of the conspiracy, the IM operatives made

efforts in different places in India to find new potential recruits. The

role of the operatives including Md. Ahmed Siddibappa Zarrar, Riyaz

Bhatkal, Iqbal Bhatkal, Aftab Alam @ Farooq (A-2), Imran Khan

(A-3), Syed Maqbool (A-4) and others in motivating several persons

to get recruited in the IM was established during investigation. The

initial recruits were drawn chiefly from the common contacts of the

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initial operatives who joined the IM. The modus operandi for

recruitment of new cadres was revealed during the investigation and

it was found that meetings were organised in places including

Darbhanga, Bihar and Hyderabad on the pretext of discussing

religious issues by senior IM operatives like Md. Ahmed Siddibappa

and Syed Maqbool (A-4) which were attended by several persons.

During these meetings the issues of perceived atrocities on the

Muslim community in India and abroad were discussed and the

persons motivated to attack other communities. Such persons who

were found to be susceptible / vulnerable were further radicalized and

motivated to join the IM. Regular contacts were made with such

persons by the senior IM operatives including Riyaz Bhatkal, Iqbal

Bhatkal and others, for further motivation to get them inducted.

17.9. Development of different modules of the IM :- The IM

operatives in pursuance of the conspiracy, gradually developed

different modules and sleeper cells in various parts of the country such

as in Delhi and at places like Darbhanga and adjoining districts in

Bihar, Nanded, Mumbai, Pune etc. in Maharashtra, Bhatkal in

Karnataka, Hyderabad in Andhra Pradesh and others.

17.10. Role of Md. Ahmed Siddibappa Zarrar in recruitment of

new cadres for the IM :- That the investigation has revealed that the

accused Md Ahmed Siddibappa Zarrar was instrumental in making

efforts to motivate young Muslim boys on the path of jehad in order to

further indoctrinate them and gradually induct them into the IM, while

staying in his hometown of Bhatkal. He contacted several students of

Anjuman Engineering College, Bhatkal including Fasih Mehmood r/o

Barh Samaila, Darbhanga, Bihar and Md Tarique Anjum Hassan r/o.

Nalanda, Bihar and motivated them for Jehad. He also travelled to

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Barh Samaila village in Darbhanga, Bihar along with Fasih Mehmood.

Later on in pursuance of the said conspiracy, around 2008, the

accused Md. Ahmed Siddibappa Zarrar adopted different alias names

viz. ‘Shahrukh’, ‘Asif’ and ‘Yasin’ etc. to conceal his actual identity and

associated with the IM operatives many of whom were originally

residents of Azamgarh, Uttar Pradesh. Md. Ahmed Siddibappa Zarrar

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

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

17.11. Involvement of Senior IM operatives Md. Ahmed

Siddibappa, Riyaz Bhatkal, Iqbal Bhatkal, Asadullah Akhtar, Ariz

Khan, Tahseen Akhtar and others in terrorist incidents

established during investigation by State Police Agencies :-

Investigation in the German Bakery, Pune Blast Case of February

2010 by the ATS, Maharashtra has established that Yasin Bhatkal @

Md. Ahmed Siddibappa Zarrar had played an active role in causing

the bomb blast which resulted the loss of several lives and the

destruction of property. Further, during investigation by the City Crime

Branch, Bengaluru, the role of Yasin Bhatkal @ Md. Ahmed

Siddibappa also surfaced along with the accused Aftab Alam @

Farooq (A-2) in the Chinnaswami Stadium, Bengaluru Blasts Case of

17.4.2010. The role of the said accused was corroborated in

commission of the aforesaid terrorist act during investigation by the

NIA. Therefore investigation established that Yasin Bhatkal @ Md.

Ahmed Siddibappa Zarrar @ Imran @ Asif @ Shahrukh along with

Aftab Alam @ Farooq (A-2), being the members of Indian Mujahideen,

have conspired to cause bomb blast and thereby indulged in waging

war against the Government of India. Further, during investigation by

the Special Cell, Delhi Police, the role of Yasin Bhatkal @ Md. Ahmed

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Siddibappa along with Riyaz Bhatkal and Iqbal Bhatkal became

evident in the Delhi Serial Blasts of 13.9.2008. Further, during

investigation of the Serial Blasts of Jaipur in 2008 by the ATS,

Rajasthan the role of accused persons namely Ariz Khan @ Junaid,

son of Zafre Alam, resident of Kot Area, District- Azamgarh, Uttar

Pradesh, Md. Sajid @ Bada Sajid, son of Late Quraishan, resident of

Village/PO Sanjarpur, PS Saraimeer, Tehsil- Nizamabad, District-

Azamgarh, Uttar Pradesh, Md. Khalid, son of Late Sageer Ahmed,

resident of Village/PO Sanjarpur, PS Saraimeer, Tehsil- Nizamabad,

District- Azamgarh, Uttar Pradesh, Mirza Shadab Beg, son of Mirza

Ahttesham Beg, resident of Raja ka Kila, District- Azamgarh, Uttar

Pradesh, who are also FIR named accused persons in the instant

case and who are absconding, has surfaced. In the Serial Blasts of

Ahmedabad in 2008, during investigation by the Crime Branch,

Ahmedabad Police the role of Yasin Bhatkal along with Riyaz Bhatkal

and Iqbal Bhatkal surfaced. Therefore it is established that IM

operatives including but not limited to Yasin Bhatkal along with Riyaz

Bhatkal and Iqbal Bhatkal, being the members of Indian Mujahideen,

have conspired to cause bomb blasts and thereby indulged in waging

war against the Government of India.

17.12. Development of new hideouts in Delhi in 2008-2009 by

Md. Ahmed Siddibappa Zarrar @ Yasin Bhatkal :- That investigation

has further revealed that the accused Md. Ahmed Siddibappa Zarrar

@ Yasin Bhatkal was looking for a safe hideout after the encounter

and arrest of the IM operatives by the Special Cell of the Delhi Police

on 19.9.2008. Md. Ahmed Siddibappa Zarrar @ Yasin Bhatkal was

trying to escape the clutches of the law in the wake of exposure of

identities of the operatives of the IM after the Batla house encounter

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and contacted his old associate and IM operative Md. Tarique Anjum

Hassan, known to him since the days when he was a student at the

Anjuman Engineering College, Bhatkal, in order to find a safe hideout

and took his assistance. Tarique was then working in Gurgaon, after

having worked in Dubai, where he had been in touch with Gauhar Aziz

Khomeini r/o Barh Samaila, PS Keoti, Darbhanga, Bihar. Gauhar Aziz

Khomeini, who had been introduced earlier to Yasin Bhatkal by Fasih

Mehmood during his visit to Darbhanga in 2003. Yasin Bhatkal’s

contact with Gauhar Aziz Khomeini was again re-established due to

his contacts with Tarique and it led to the establishment of a new

hideout in Shaheen Bagh, New Delhi. Md. Ahmed Siddibappa Zarrar

@ Yasin Bhatkal regularly met the other co-conspirators including

Md. Iqbal @ Iqbal Bhatkal and others at the hideout in Shaheen Bagh,

as identified from the photographs by the witnesses, during

investigation by the NIA.

17.13. Activities at Delhi Hideout at Shaheen Bagh in 2008-11

:- At the hideout in Shaheen Bagh, New Delhi, the accused Yasin

Bhatkal also associated Irshad Khan, Gauhar Aziz Khomeini and Md.

Qateel Siddiqui (deceased) indulged in the various activities of the

banned outfit. Md. Qateel Siddiqui (deceased), who hailed from the

same village of Gauhar Aziz Khomeini i.e. Barh Samaila was

instrumental in arranging hideouts for the accused Yasin Bhatkal in

Darbhanga, Samastipur and Madhubani in Bihar. Md. Qateel Siddiqui

(deceased) was recruited by Md. Ahmed Siddibappa Zarrar @ Yasin

Bhatkal who had adopted the new alias name of ‘Imran’. The

deceased Qateel Siddiqui made efforts / attempted to commit terrorist

act in Delhi by indiscriminate firing on citizens using firearms, however

he was injured due to malfunction of the arms and was treated from

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the same at the hideout in Shaheen Bagh, as confirmed by the person

who provided first aid and treatment.

17.14. Development of new Hideouts in Darbhanga, Bihar

during 2008-2011:- Investigation revealed that IM operative Md.

Ahmed Siddibappa Zarrar visited Darbhanga along with Qateel

Siddiqui (deceased IM operative) to find new hideouts and to examine

the possibility of new recruits for the banned terrorist outfit.

Investigation revealed that a hide-out was taken on rent from one Md.

Kadir at Jamalchak locality in Darbhanga by IM operatives Md.

Ahmed Siddibappa Zarrar and Kafeel Ahmed. At Sara Mohanpur,

Darbhanga another hideout was taken on rent, where Md. Ahmed

Siddibappa stayed along with the accused Aftab Alam (A-2), Asadullah

Akhtar and Ariz Khan in 2010-11. Further, another hide-out was taken

on rent from one Naukhej Alam at Dharampura locality in

Samastipur by deceased IM operative Qateel Siddiqui, r/o Barh

Samaila, Darbhanga and Md. Adil, hailing from Pakistan. Another

separate hide-out was taken on rent from one Naseer at Bhawwara

Chowk, locality in Madhubani by IM operatives Md. Adil. Regular

meetings were organised at these hideouts to formulate the plan and

to do preparatory works to achieve the objectives of the conspiracy i.e.

to cause terrorist activities, and were attended by IM operatives.

17.15. Efforts for the development of new hideouts at Kolkata

:- Further, the accused Md. Ahmed Siddibappa Zarrar also visited

Kolkata in 2009 along with Qateel Sidiqqui and stayed at the

residence of one Humayun for the furtherance of the activities of the

IM. During his stay at Kolkata, he tried to build his network there and

was arrested on suspicion in a case of theft by the Kolkata Police.

During arrest he revealed his assumed identity as Md. Arshad s/o. Md.

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Ashraf, which has been found to be non-existent, thus proving that the

accused is used to assuming new identities to conceal his actual

identity.

17.16. Arrest of the accused Md. Danish Ansari (A-13) from

Darbhanga, Bihar on 21.1.2013 :- That during the investigation it was

revealed that one Mohd. Danish Ansari (A-1) resident of Vill-

Chakjora, PS- Lehariasarai, Dist. - Darbhanga was recruited and

indoctrinated by Yasin Bhatkal with the assistance of Tahseen Akhtar

@ Monu and Kafeel Akhter. After being inducted and indoctrinated

with IM, Md. Danish Ansari (A-1) had regularly visited the hide-out of

the IM located at Sara Mohanpur, Darbhanga and had stopped visiting

the Dar-ul-Qitab-Sunna library, for the fear of arrest, after the arrest of

several other cadres of the IM by the Special Cell, Delhi Police in Delhi

Special Cell Case No. 54/2011. Further, it was also revealed that he

had worked closely with Yasin Bhatkal, who was introduced to him as

Imran by his friend and IM operative Tahseen Akhtar @ Monu. He

had also met several other IM operatives at the said hide-out of IM at

Sara Mohanpur. Accordingly, on the strength of Non-Bailable Warrant

of Arrest dated 17.01.2013, issued by the Ld. Spl. NIA court, New

Delhi, the said associate of Yasin Bhatkal, namely Mohd. Danish

Ansari (A-1), S/o Mohd. Zafir Ansari, resident of Village- Chakjora, PS

Lehariasarai, Dist. Darbhanga, Bihar, was arrested by NIA on

21.01.2013.

17.17. Indoctrination and role of the accused Md. Danish

Ansari (A-1) :- Investigation further revealed that during 2010, he

used to visit Dar-ul-Qitab-Sunna Library near Al-Hira Public School,

Darbhanga to read religious books. The Librarian of the said library,

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one Kafeel Akhtar (Chota Kafeel) and absconding accused Tahseen

@ Monu aroused his religious feelings and provoked for anti-national

activities and indoctrinated him in the IM module. After his (A-1)

induction to IM module, Tahseen @ Monu introduced him to Yasin

Bhatkal with the deceptive identity as Imran. Then Tahseen and Imran

started radicalising him for the Jehadi ideology by citing the incidents

of various atrocities on the Muslims viz. Babri Masjid demolition,

Gujarat riots etc. Tahseen Akhter @ Monu used to stay in a rented

room near Millat College in Darbhanga, and Yasin Bhatkal @ Imran

used to stay in another rented house at village Sara Mohanpur,

Darbhanga. Both Tahseen @ Monu and Imran became closely

associated with Md. Danish Ansari and started frequenting his house

for hatching a conspiracy. He met with other IM operatives namely

Daniyal @ Asadullah Akhtar @ Haddi, (FIR named accused in the

instant case) and Waqas @ Mota Bhai @ Ariz Khan @ Junaid (FIR

named accused in the instant case) at Sara Mohanpur hideout. In

pursuance of the said conspiracy, accused Md. Danish Ansari (A-1)

was given fictitious name as Abdullah (A-1) by Imran for hiding his real

identity. He actively participated in Darsh organized by IM operatives

with the aim of induction of potential recruits for the outfit in the month

of January, 2011 at Mohalla Shivdhara, Darbhanga where several IM

operatives including Imran, Tahseen, Kafeel Akhter were present.

17.18. Location of Arms Manufacturing Factory of the IM in

New Delhi :- In pursuance of the said conspiracy, accused Md Danish

Ansari during April, 2011, left Darbhanga on the direction of Imran and

reached Delhi to join him there. He was then taken to one factory

whose premises were being used by the IM for manufacturing parts of

small arms located at Mir Vihar area, New Delhi and introduced to

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Irshad Khan, being the owner of the said factory. At Mir Vihar factory

of New Delhi, Md. Danish Ansari (A-1) stayed for 25 days and was

personally involved in the illegal activities like manufacturing the parts

of arms. Md. Danish Ansari (A-1) was also introduced to Asadullah @

Dilkash @ Hamza who, along with him, stayed in the said factory. Md.

Danish Ansari (A-1), was given the fictitious name as Abdul Wahab by

Imran during the period of his stay at Delhi.

17.19. Location of the Hide-out of the IM in Darbhanga, Bihar

:- That Md. Danish Ansari (A-1) during his examination in police

custody, was further taken to Darbhanga to test the veracity of his

disclosure. At Darbhanga, he led NIA team to the hide out of Imran at

Sara Mohanpur and identified the house of Sahjahan Khatoon W/o

Md. Zamaluddin, where he used to visit and was associated with IM

operatives like Imran, Aftab Alam (A-2), Tahseen Akhtar, Asadullah

Akhtar, Ariz Khan and others. Since, Imran @ Yasin Bhatkal is a

proclaimed offender in a number of police cases of different states, the

photograph of Imran @ Yasin Bhatkal was obtained from the open

sources and shown to the members of the locality at Sara Mohanpur,

who had confirmed the presence of Imran who used to stay in the said

hide out i.e. the house of Sahjahan Khatoon W/o Md. Zamaluddin

located at Sara Mohanpur, Dist. Darbhanga. The photograph of Md.

Ahmed Siddibappa Zarrar as obtained from the Tahsildar, Bhatkal from

the election documents (Voter ID Card Photograph), was further

identified to be the same as Imran @ Yasin Bhatkal. Therefore, Md.

Danish Ansari (A-1), Yasin Bhatkal @ Imran @ Ahmed Siddibappa @

Sharukh, Aftab Alam @ Farooq (A-2), Tehseen Akhtar @ Monu,

Asadullah Akhtar, Ariz Khan @ Waqas and others, being members of

Indian Mujahideen, had concealed themselves in remote hide out of

Sara Mohanpur, Darbhanga to further their unlawful activities and thus

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committed the offence of conspiracy to wage war against the

Government of India.

17.20. Location of Training Sites of the IM in Darbhanga,

Bihar :- That Md. Danish Ansari (A-1), during the investigation, also

pointed out the site located in Darbhanga, Bihar where he, along with

other IM operatives, Waqas, Danial, Sheikh @ Farooq, Imran @

Yasin Bhatkal, Tahseen (A-6) @ Monu, had experimented the test

blasting and practised firing with fire-arms. It was also revealed that

Wakas (FIR named accused) who was an Electrician in the IM group

of operatives, had displayed different techniques of making electrical

circuits to make bombs. Md. Danish Ansari (A-1) had been trained in

Pistol firing. One test /experiment of bomb blast was carried out near

the fields of Sara Mohanpur, Darbhanga hide out. Thus, accused

Danish Ansari (A-1), Waqas, Danial, Sheikh @ Farooq, Imran @

Yasin Bhatkal, Tahseen @ Monu, being the members of Indian

Mujahideen, have committed the offence of the establishing of a

terrorist camp for imparting training to their cadre members in

furtherance to their conspiracy to wage war against the Government of

India,

17.21. Location of Dar-ul-Qitab-Sunna Library in Darbhanga,

Bihar :- That further, the accused Md. Danish Ansari (A-1), also led

the team of NIA to the Dar-ul-Qitab-Sunna Library, located near Al-

Hira School and identified the place where he first met the operatives

of Indian Mujahideen namely Kafeel Akhtar and Tahseen Akhtar @

Monu.

17.22. Results of Call Data Record Analysis :- CDR analysis of

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the mobile number (8083442720), which was used by Md. Danish

Ansari during April-May, 2011, clearly establishes that the location of

his mobile was in Delhi, which further establishes the fact that Md

Danish Ansari had visited Delhi and stayed in the Mir Vihar factory in

Delhi. This corroborates the statement recorded u/s. 161 Cr PC and

164 Cr PC of the accused Md. Danish Ansari (A-5) about the activities

of the banned terrorist organization, Indian Mujahideen in their hide

out at Mir Vihar, Delhi.

17.23. Analysis of Call Data relating to the accused Md.

Danish Ansari reveals his contact with other IM operatives :-

During investigation one mobile hand set with SIM card bearing

connection number 9430006842, registered in the name of Md Abdul

Karim, elder brother of the accused Md Danish Ansari was seized

from the possession of the accused Md Danish Ansari. It was further

revealed that he had used the mobile numbers 9905324189

(registered in his mother’s name) and 8083442720 to communicate

with his associates in the IM during different periods of time. The

analysis of other mobile numbers used by Md Danish Ansari indicated

that he was in contact from mobile number 8083442720 with the

numbers 7845548239, 7358140113 and 9504670748 being used by

IM operative Abdur Rehman and from the same mobile number was

also in contact with other IM operatives namely Gayoor Jamali

(9031420662), Kafil Ahmed (9934664326) and Dilkash (9211430236)

all arrested by Special Cell, Delhi Police in connection with FIR No.

54/11 of the PS Special Cell, New Delhi (the numbers of the different

IM operatives are revealed from the charge-sheet submitted by the

Delhi Police Special Cell in Case No. 54/11). Investigation further

revealed that absconding accused Tahseen Akhtar (9546650420) was

also in contact with the accused Danish Ansari (A-1) on mobile

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number 8083442720. The number 9546650420 used by accused

Tehseen Akhtar was found to be registered in the fake identity of one

Pradip Yadav.

17.24. Analysis of Call Data relating to the accused Md.

Danish Ansari reveals his stay in Delhi and contact with other IM

operatives :- Analysis of mobile number 9905324189 revealed that it

was registered in the name of Aayasha Khatoon, mother of Md.

Danish Ansari and was activated on 12/11/2010. The CDR of the

number from the period 01-01-2011 to 30-05-2011 revealed that the

accused Danish Ansari (A-1) had used the mobile set with IMEI no.

354302048292580 in the period from 24/03/11 to 30/05/11. The period

is important since he was keeping this hand set while staying at the

Mir Vihar factory in Delhi. During the period the tower location of

mobile phone number indicates that he left Darbhanga on 13.04.2011

and reached Delhi on 14.04.11. After reaching Delhi his tower

location was Mir Vihar, Nangloi up to 10.05.2011. His location was in

Darbhanga on 11.05.11. Further, analysis revealed that during his stay

at Mir Vihar factory and after his return to Darbhanga from Delhi, he

made several contacts with the absconder accused Tahseen Akhtar on

mobile number 9546650420. The use of mobile connection

9546650420 by absconder accused Tahseen Akhtar has also been

substantiated in the Charge sheet of Mumbai ATS in Crime no.

28/2011, 29/2011 and 30/2011 in Mumbai serial blasts case on

13.07.2011. Through, this mobile phone he was also in touch with

Gayoor Jamali (mobile number 9031420662) and Kafil Ahmed (mobile

number 9934664326). During analysis it was revealed that common

IMEI number 354302048292580 was used in SIM connection number

8083442720 and 9905324189 which strengthens the point that the

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accused Md Danish Ansari was handling both SIM connections. The

handset having IMEI number 354302048292580 was used by the

accused Md Danish Ansari in the period from 24/03/11 to 30/05/11.

17.25. Role of the accused Aftab Alam @ Farooq(A-2):-

Investigation revealed that one Farooq Shaikh @ Md. Aftab Alam @

Sheikhchilli @ Hafij ji (A-2), S/o Md. Ayub Resident of Sakin Balwa,

Adhang Jalagarh, District-Purnea, Bihar, was also residing in the same

building along with other inmates of the hide out like Imran, Danial and

Waqas. Further, investigation also revealed that the accused Farooq

on being motivated by the accused Md Ahmed Siddibappa Zarrar @

Imran @ Yasin Bhatkal who himself was involved in carrying out

terrorist attacks for the IM, had knowingly left his native place and

studies to actively engage himself in the activities of the banned outfit,

IM to wage war against the Government of India. In pursuance of the

conspiracy Farooq stayed together at a hideout located in Sara

Mohanpur, Darbhanga with the accused Yasin Bhatkal, and actively

assisted him in maintaining the hideout. Further, the accused Md.

Danish Ansari (A-1) in his statement recorded under Section 164 Cr

PC revealed that the said hideout was used to motivate and induct

new cadres like him and others to join the banned outfit, i.e. IM and

also while staying at the said hideout the accused Aftab Alam @

Farooq also assisted in the organizing of terrorist camps along with

other accused persons Danial and Wakas. Therefore, accused Aftab

Alam @Farooq (A-2) has committed the offence of the harbouring the

terrorist camp/hide out at Sara Mohanpur and assisted Yasin Bhatkal

in recruiting Danish Ansari (A-1) in the larger conspiracy in order to

strike terror attacks in the country.

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17.26. Arrest of the accused Aftab Alam @ Farooq(A-2):- That

the role of the accused Farooq Shaikh @ Aftab Alam @ Sheikhchilli @

Hafijji, S/o Md. Ayub Resident of Sakin Balwa, Adhang Jalagarh,

District - Purnea, Bihar, clearly emerged in the conspiracy and was

shown arrested in the instant case from judicial custody as he was

lodged in the judicial custody in connection with Delhi Special Case

FIR 54/11.

17.27. Role of Md. Aftab Alam @ Farooq(A-2) in commission

of terrorist acts by the IM:- That investigation further revealed that

the accused Farooq Shaikh @ Aftab Alam @ Sheikh chilli @ Hafijji (A-

2) was also involved in heinous crimes including the Blasts at

Chinnaswami Stadium Bengaluru on 17.4.2010, in which several

persons were injured and property was extensively damaged. Charge-

Sheet has been submitted by the Bangalore Police which brought the

allegation against the accused Farooq and established his culpability

in the said case. Investigation conducted by the NIA in places like

Tumkur in Karnataka has also corroborated his culpability, being

member of IM in said case. Further, the accused was also arrested

and charge-sheeted by the Special Cell, Delhi Police in FIR No.

54/2011. Thus, accused Md. Aftab Alam @ Farooq (A-2) has

committed the offence of being a member of banned terrorist

organization viz. Indian Mujahideen and involved in the larger

conspiracy of the said banned terrorist organization to wage war

against the Government of India.

17.28. Analysis of Call Data relating to the accused Aftab

Alam @ Farooq (A-2) reveals his contact with other IM operatives

:- During the arrest of accused Aftab Alam @ Farooq two mobile

numbers 8873829830 and 9576975487 were recovered from his

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possession by the Special Cell, Delhi Police. During examination by

Delhi Police, he stated that in addition to aforesaid numbers, he had

also used mobile number 8797199539 which was registered in the

name of Keli Dev Ganesh Sharma r/o 20 vill Hajari Pasi Len PO

Mirjanhat, Distt Bhagalpur, to communicate with his associates in IM.

The analysis of call data records by the NIA in respect of mobile

connection in the period from 07-01-2011 to 07-12-2011 revealed that

through the said number the accused Farooq (A-2) was in contact with

IM operative Gayoor Jamali (9279519591). The number 9279519591

used by Gayoor Jamali has been mentioned in the Charge sheet of

Special Cell, Delhi Police FIR No. 54/11. The phone number used by

accused Farooq was also found to be in contact with the absconding

IM operative Tahseen Akhtar (9546650420) on several occasions.

17.29. Arrest of Imran Khan (A-3) and Syed Maqbool (A-4) on

28.2.2013:- Investigation further revealed that another important part

of the larger conspiracy was hatched by the accused persons Riyaz

Bhatkal and Iqbal Bhatkal. They conspired to form another module of

Indian Mujahideen in Hyderabad and in pursuance of the conspiracy,

they inducted Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @

Raj (A-3) and Syed Maqbool @ Zuber (A-4) S/o Syed Haji, to further

the activities of the said proscribed organization i.e. IM. Investigation

also revealed that in pursuance of the said conspiracy, the said Imran

Khan and Syed Maqbool had carried out reconnaissance at different

places in Hyderabad under the direction of the accused Riyaz Bhatkal

and Iqbal Bhatkal to select targets for effecting serial bomb blasts in

Hyderabad. The said Imran Khan and Syed Maqbool, who were in

Judicial Custody in connection with the Special Cell PS, New Delhi

case No. 16/2012, were shown arrested by NIA in the instant case on

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28.2.2013.

17.30. Disclosure by Imran Khan and Syed Maqbool :- During

investigation it was disclosed that Imran Khan and Syed Maqbool had

carried out reconnaissance of different places in Hyderabad acting

upon the instruction of Riyaz Bhatkal. In pursuance of the conspiracy,

Imran Khan @ Zakaria travelled from Nanded to Hyderabad and

contacted Syed Maqbool @ Zuber during the approximate period of

May-June, 2012 for assistance. A meeting of the accused persons

took place at Hotel Sohail, Hyderabad, which was also attended by

other persons including Obaid ur Rehman (A-5), Abrar, Adnan and

some other friends of Maqbool. Further, during his stay at Hyderabad,

Imran Khan @ Zakaria along with Syed Maqbool @ Zuber with the

assistance of Obaid ur Rehman (A-5) carried out reconnaissance of

Begum Bazar, Dilsukh Nagar, Lal Darwaza and Raniganj in

furtherance of the conspiracy.

17.31. Reconnaissance of Hyderabad by the accused Imran

Khan and Syed Maqbool :- Investigation further revealed that Syed

Maqbool had hosted a party in the Sohail Hotel of Hyderabad in the

month of May/June, 2012 attended by Imran Khan, Obaid Ur

Rehman(A-5), Imtiaz Sami @ Saleem, Illias, Abrar, Sarmad Naser,

Chota Ezaz, Azmat and Adnan Ahmed @ Omer of Saidabad

(Hyderabad), attended the said party. The next day Obaid Ur Rehman

(A-5) arranged one motor cycle for Imran Khan @ Zakaria and Syed

Maqbool for the purpose of carrying out the reconnaissance of various

places in Hyderabad. After carrying out the reconnaissance of the

places in Hyderabad as mentioned, Imran Khan @ Zakaria left

Hyderabad.

17.32. Pointing out of places selected during reconnaissance

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in Hyderabad by the accused persons :- During the investigation

the above accused persons led the NIA team in Hyderabad for the

purpose of pointing the various places which were selected during

reconnaissance as potential targets such as TV Tower, Dilsukh Nagar,

Begum Bazar and Raniganj area etc. for effecting the terrorist acts in

pursuance of the conspiracy hatched by them under the direction of

senior operative of IM i.e. Riyaz Bhatkal. Thus, accused Imran Khan

(A-3) and Syed Maqbool (A-4), being the members of banned terrorist

organization, Indian Mujahideen, have committed the offence of

criminal conspiracy along with other IM operatives like Riyaz Bhatkal

and Iqbal Bhatkal with a view to strike terror in the targeted areas.

17.33. Role of the accused Imran Khan (A-3) in commission

of terrorist act at Pune :- Investigation revealed that the accused

Imran Khan @ Zakaria not only inducted the young recruits for the

said banned outfit in furtherance of the conspiracy, but also actively

participated in the planning and execution like carrying out serial

blasts in Pune city in August 2012. It was further revealed that the

accused Imran Khan has been charge-sheeted by the ATS,

Maharashtra after investigation of the Pune Blast Case of 1.8.2012.

Further, investigation was also conducted at the hide-out at Kasarvadi,

Pune where the accused Imran Khan had met the IM operatives

Shakir @ Danial @ Asadullah Akhtar and Ahmed @ Waqas @ Ariz

Khan @ Junaid, who actively planned and executed the Pune bomb

blast on 01.08.12 as established during investigation by the ATS,

Maharashtra. Thus, accused Imran Khan @ Zakaria, being the

member of banned terrorist organization, Indian Mujahideen, has

committed the offence of recruiting young persons to further the

activities of the said banned organization and also involved in the

conspiracy for causing the terrorist acts with intent to terrorize the

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common citizens of the India and to cause loss of human lives and

properties.

17.34. Role of Imran Khan(A-3), Syed Maqbool (A-4) and

Obaid-ur-Rehman (A-5) in recruitment of new cadres :-

Investigation revealed that the accused Syed Maqbool (A-4) used to

arrange meetings on the pretext of discussion of religious issues

affecting the Muslim community in India and abroad. During these

meetings, the persons attending were motivated to attack members of

other communities. Some members were further indoctrinated to join

the outfit.

17.35. Analysis of Call Data relating to the accused Imran

Khan (A-3) reveals his contact with other IM operatives :- During

the examination of accused Imran Khan @ Zakaria, he revealed that

he had used mobile numbers 9766305957, 8657620950, 7385171546

and 9897024362 to communicate with the IM operatives during

different periods. The analysis of the mobile number 8657620950

indicates that through this mobile number he was in contact with

Maqbool (A-4), who used mobile number 8149946736. Accused

Imran Khan from same mobile number was in contact with Maqbool

on 9849006710 and communicated with each other on several

occasions. He was also in contact with Maqbool on mobile number

9850241651 and communicated with each other. Again, analysis of

mobile number 7385171546 indicates that accused Imran Khan (A-3)

through this mobile number was in contatc with the accused Obaid ur

Rahman (A-5) who used mobile number 9700135144 and

communicated with each other. Accused Imran through this mobile

phone was also in contact with accused Maqbool on mobile number

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8149946736 and communicated with each other.

17.36. Analysis of Call Data relating to the accused Imran

Khan (A-15) reveals his travel to Hyderabad :- The analysis of call

data record with the tower location in terms of mobile number

8657620950 belonging to the accused Imran Khan (A-3) indicates

that the user was in Hyderabad during period from 9th to 11th May

2012. During the period, accused Imran had made/received many

calls to/from Maqbool from his mobile number 9849006710. On 11th

May, 2012 the tower location indicates that he left from Hyderabad.

The analysis of the Call data record with tower location in respect of

aforesaid number indicates that the accused Imran Khan was in

Hyderabad from 9th to 11th May 2012, which in turn establish the fact

that in pursusance of the conspiracy he had travelled to Hyderabad

to carry out the reconnaissance of prominent places and also

attended the party of Maqbool at Sohail hotel on the occasion of birth

of his daughter.

17.37. Analysis of Call Data relating to the accused Syed

Maqbool (A-4) reveals his contact with other IM operatives :-

Investigation revealed that accused Syed Maqbool had used mobile

numbers 9850241651, 9849006710, 8149946736, 8421004845,

9595053534, 9666464641 and 9985556541 to communicate with

other IM operatives. The analysis of aforesaid numbers indicates that

accused Maqbool, through mobile number 9850241651 had made

contact with Obaid-ur Rehman (A-5) on his mobile number

9700737044. Through the same mobile number he made contact with

Obaid-ur Rehman (A-5) in another mobile number 9700135144 on

several times. Again, accused Maqbool had used mobile number

9849006710 and made contacts with the accused Imran Khan on

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mobile number 8657620950 on several times. Again, accused

Maqbool used the mobile number 8149946736 to communicate with

Obaid ur Rehman(A-5) in mobile number 9700737044 and

communicated with each other on several times. From same mobile

number he had made contact with one another mobile number i.e

9700135144 used by Obaid-ur-Rehman on several times. He had also

used this number to communicate with the accused Imran Khan on his

mobile number 7385171546 and communicated with each other on

various occasions. Analysis revealed that Syed Maqbool through his

mobile number 9849006710 had communicated with Imran on

10.05.13 on his reliance Maharashtra number 8657620950 on several

occasions. The accused Imran Khan (A-3) had visited Hyderabad with

his Reliance mobile connection 8657620950 as established from the

call details.

17.38. The role of one Obaid ur Rehman (A-5) as a prime

associate of the accused persons strongly emerged during the

investigation at Hyderabad. The accused Obaid ur Rehman (A-5)

was arrested by the Bangalore Police and was lodged in judicial

custody in Bangalore Central Prison. Obaid ur Rehman (A-5) was

arrested in the instant case on 5.3.2013.

17.39. Travel to Nanded by the accused Obaid ur Rehman (A-

5):- It was revealed that the accused Obaid ur Rehman (A-5) had

travelled to Nanded to meet the co-conspirators which is further

confirmed during investigation at Nanded. One Abdul Mujeeb @ Mujju

@ Gabbu r/o. Nanded was also contacted by the accused Syed

Maqbool(A-4), Imran Khan(A-3), Obaid ur Rehman (A-5) and other IM

operatives including Asad Khan for getting recruited for activities of the

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said banned outfit.

17.40. Investigation has revealed that a hideout was taken on rent

in Hyderabad, where the accused Imran Khan (A-3) and IM operative

Asad Khan had stayed in pursuance of the conspiracy. Further, he

assisted the accused persons Imran Khan (A-3) and Syed Maqbool

(A-4) in conducting the reconnaissance for terrorist incident at

Hyderabad.

17.41. Conspiracy for further terrorist attacks:- During course

of investigation, several other facts emerged, which inter alia included

the plan to attack Buddhist sites, in retaliation to the alleged atrocities

committed against Rohingya muslims in Myanmar. The plan was being

made to carry out fidayeen strikes at Buddhist sites.

17.42. Analysis of Call Data relating to the accused Obaid ur

Rehman (A-5) reveals his contact with other IM operatives :-

Investigation further revealed that Obaid-ur-Rehman (A-5) had used

mobile numbers 7306346648, 9700737044 and 9700135144 to

communicate with his associates of IM. The mobile number

7306346648 was registered in his name i.e Obaid ur Rahman S

Hamaid r/o 18-1-350/11/b, Chadrayangutta, Hyderabad. He had used

different handsets with IMEI numbers to communicate with his

associates. These were 351505047314330, 352865052567580,

354854046837020, 356796026517770 and 359755048363780 in the

period from 03.01.12 to 28.01.13. Again, in respect of mobile number

9700737044 he had used IMEIs 351544044356810,

353272057065280, 353673052926640, 355970047467480,

356919033183620 and 359339035784840 in the period from 12.02.12

to 10.12.12. Again, in respect of mobile number 9700135144 he had

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used IMEIs 355376043115700, 356272048808730,

356931035232810, 357884049224500, 357902049783440,

359798030734810, 865475017310000 and 865475017510000 in

between period 13.03.12 to 31.12.12. The usage of different handsets

by the accused Obaid-ur- Rehman (A-5) establishes his nefarious

designs with a view to avoid tracking by law enforcement agencies

and for safely executing the conspiracy of the IM. Further analysis

revealed that the accused Obaid-ur Rehman through his mobile

number 9700737044 had been in contact with accused Maqbool on

his mobile numbers 9985556541 and 8149946736. Again, accused

Obaid Ur Rehman through mobile number 9700135144 was in contact

with the accused Maqbool on mobile numbers 9985556541 and

8149946736 and communicated with each other. Through this mobile

number accused Obaid Ur Rehman was also in contact with accused

Imran on mobile number 7385171546 and communicated with each

other.

17.43. Communication between Riyaz Bhatkal, Iqbal Bhatkal

and the conspirators in Hyderabad and Maharashtra :- During

investigation the activities of the accused Imran Khan (A-3) in

Hyderabad and Pune were confirmed. The Call Detail Records

(CDRs) of the accsued persons Imran Khan (A-3) and Syed Maqbool

(A-4) also shows their presence at Hyderabad during the relevant

period and establishes communication with other IM operatives. The

e-mail/chat forums through which they were communicating with each

other, also establish that the accused persons Imran Khan (A-3) and

Obaid-ur-Rehman (A-5) were in contact with Riyaz Bhatkal and Iqbal

Bhatkal.

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17.44. That, one mobile phone was recovered from the

possession of accused Md Danish Ansari (A-1) at the time of his

arrest from Darbhanga, which was subsequently sent to CFSL,

Chandigarh and expert opinion in terms of seized exhibit was

obtained, which corroborated the afore discussed findings and

strengthen his culpability in instant case. Further, during investigation

the recovered emails from the possession of accused Imran Khan and

Obaid-ur-Rehman packed in sealed state in sterile DVD were sent to

CFSL, Chandigarh for scientific analysis, the result of which is

awaited.

17.45. That the aforementioned facts and circumstances prima

facie establish that the accused persons namely Md. Danish Ansari

@ Abdul Waheb @ Saleem @ Abdullah (A-1), Mohd Aftab Alam @

Farooq @ Shaikhchilli @ Hafij Ji (A-2), Imran Khan @ Zakaria @

Saleem @ Fazal @ Tabrez @ Raj @ Patel (A-3), Syed Maqbool @

Zuber (A-4) and Obaid Ur Rehman (A-5), arrested and under judicial

custody in the instant case, being members of proscribed organization

“Indian Mujahideen”, hatched conspiracy for commission of terrorist

act and attempted to commit terrorist act, abetted, incited and

knowingly facilitated, in collusion with top operatives of IM outfit who

are absconding, with intent to threaten the unity, integrity, security and

sovereignty of India and with intent to strike terror among the citizens

of India, for effecting the death of and injuries to persons, loss of,

damage to and destruction of property. For the furtherance of the

conspiracy they recruited and caused to be recruited new cadres for

commission of terrorist act and organized terrorist camps / caused to

be organized such camps for imparting training in terrorism to the new

recruits. To facilitate the objective of the conspiracy, the arrested

accused not only knowingly or voluntarily harbored and concealed the

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IM operatives being fully aware that such person(s) is/are terrorist(s),

but also associated themselves to further the activities of the said

banned outfit by inviting and giving support to execute the activity of

the said terrorist outfit.

17.46. That from the investigation of the case and the

aforementioned discussion, it is established that Md. Danish Ansari

@ Abdul Waheb @ Saleem @ Abdullah (A-1) s/o Md Zafeer Ansari

r/o Chakjora, Leharia Sarai, Darbhanga, Bihar, as a member of

terrorist organization “Indian Mujahideen” entered into a conspiracy

along with the other co-conspirators for commission of terrorist act

against Government of India, with the intent to threaten the unity,

integrity, security and sovereignty of India and with intent to strike

terror in the people in India, by causing death of and injuries to

persons, loss of, damage to and destruction of property. Being

member of terrorist outfit, he had voluntarily and actively participated

in preparatory acts like experimenting test blast at Sara Mohanpur

village at Darbhanga by associating himself with other top operatives

of IM being fully aware that they were wanted accused and involved in

several terrorist activities in India. For the furtherance of conspiracy

with intent to strengthen the outfit, he travelled to Delhi and played his

part in setting up the Arms factory at Mir Vihar in Delhi in collusion with

wanted and arrested member of the outfit. He was constantly in touch

with top operatives of IM including Yasin Bhatkal and Tahseen Akhtar

knowing that they are wanted accused by the several State Police for

their involvements in heinous crimes like bomb blasts. He not only

maintained contact with various members of the banned outfit but also

facilitated them in various illegal activities which were not limited to

arranging “Darz” programme at Darbhanga to explore the potential

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recruit for the outfit, participating in meeting at the Sara Mohanpur

hideouts towards the fulfillment of the objectives of the conspiracy and

other activities in contravention of the law. Thus, he has committed

offences under sections 18, 20, 38(2) & 39(2) of UA (P) Act 1967 as

amended in act 35 of 2008.


aforementioned discussion, it is clearly established that Mohd Aftab

Alam @ Farooq @ Shaikhchilli @ Hafij Ji (A-2) s/o Md Ayub r/o Vill-

Sakin Balwa, P.O.- Adhang, Jalalgarh, Dist- Purnea (Bihar), being a

member of terrorist organization “Indian Mujahideen” entered into a

conspiracy along with the other co-conspirators for commission of

terrorist act against Government of India, with the intent to threaten

the unity, integrity, security and sovereignty of India and with intent to

strike terror in the people in India, by causing death of and injuries to

persons, loss of, damage to and destruction of property. He associated

himself with the terrorist organization and as a member of terrorist

outfit, he had voluntarily and actively participated in preparatory acts

for the purpose of commission of terrorist activities by involving

himself with other top operatives of IM being fully aware that they were

wanted accused and involved in several terrorist acts in India. Towards

fulfillment of the objective of conspiracy, he not only associated himself

with the IM cadres who executed the terrorist acts at Chinnaswamy

stadium, Bangalore, but also actively participated in commission of the

offence. For the furtherance of the conspiracy he knowingly and

voluntarily provided shelter and concealed the top operatives of IM at

Darbhanga being fully aware that they were involved in several

terrorist activities in India. He, with specific assigned work entrusted by

Yasin Bhatkal, the top operative of IM, had travelled to various places

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including Delhi, Bangalore with intent to knowingly assist the activities

of IM. He not only maintained contacts with various members of the

banned outfit but also facilitated them in various illegal activities which

were not limited to arranging “Darz” programme at Darbhanga to

explore the potential recruits for the outfit, participation in meeting at

the Sara Mohanpur hideouts towards the fulfillment of conspiracy and

other such activities which are proscribed by the law. Thus, he has

committed offences under sections 18, 19, 20, 38(2) & 39(2) of

UA(P) Act 1967 as amended in act 35 of 2008.


aforementioned discussion, it is established that Imran Khan @

Zakaria @ Saleem @ Fazal @ Tabrez @ Raj @ Patel (A-3) s/o Wajid

Khan r/o Peer Burhan Nagar, Near Masjid Saleheen, Bhagya Nagar,

Nanded, Maharashtra, being a member of terrorist organization

“Indian Mujahideen” entered into a conspiracy along with the other

co-conspirators for commission of terrorist act against Government of

India, with the intent to threaten the unity, integrity, security and

sovereignty of India and with intent to strike terror in India, by causing

death of and injuries to persons, loss of, damage to and destruction of

property. He had voluntarily and actively participated in preparatory

acts for commission of terrorist activities which includes

reconnaissance of potential targets for terrorist acts in Hyderabad city

along with Syed Maqbool @ Zuber and other IM operatives. He has

knowingly contacted Syed Maqbool @ Zuber at Hyderabad and held

meeting with other associates. He not only inducted the young recruits

for the said banned outfit in furtherance of the conspiracy, but also

actively supported and participated in the planning and execution of

the heinous acts like carrying out serial blasts in Pune city in August

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2012. Thus, he has committed offences under sections 18, 18B, 20,

38(2) & 39(2) of UA(P) Act 1967 as amended in act 35 of 2008.


aforementioned discussion, it is established that Syed Maqbool @

Zuber (A-4) s/o Syed Hazi r/o Sanatan Nager, Near Madina Masjid,

Dharmabad, Nanded, Maharashtra as a member of terrorist

organization “Indian Mujahideen” entered into a conspiracy along

with the other co-conspirators for commission of terrorist act against

Government of India, with the intent to threaten the unity, integrity,

security and sovereignty of India and with intent to strike terror in

India, by causing death of and injuries to persons, loss of, damage to

and destruction of property. He not only knowingly associated himself

with the terrorist organization as a member of terrorist outfit but also

organized meeting / camps for the commission of terrorist acts. He

had voluntarily and actively participated in preparatory terrorist acts for

the commission of terrorist activities which includes reconnaissance of

various spots to select as potential targets for executing terrorist act

under the instruction of senior operatives of IM. Towards fulfillment of

the objective of the conspiracy, he not only associated himself with the

IM cadres who planned and executed several terrorist activities

including the various bomb blasts in various parts of the country but

also provided support to IM operatives with intention to achieve the

objective of conspiracy. For the furtherance of the conspiracy he

knowingly and voluntarily conspired with top IM operatives and under

their direction with intent to strengthen the manpower he travelled at

various places and recruited the new members for the outfit. He not

only maintained contacts with various members of the banned outfit

but also facilitated them in various illegal activities which were not

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limited to arranging logistics for execution of terrorist acts, participating

in meeting with other IM activities towards the fulfillment of conspiracy

and other activities which is in contravention of law. Thus, he has

committed offences under sections 18, 18(A), 18(B), 20, 38(2) &

39(2) of UA (P) Act 1967 as amended in act 35 of 2008.


aforementioned discussion, it is clearly established that Obaid-ur-

Rehman (A-5) s/o Late Md Hamaid r/o 18/1/11/8 Gulshan Iqbal

Colony Chandrayan Gutta, Hyderabad, AP, being a member of

terrorist organization “Indian Mujahideen” entered into a conspiracy

along with the other co-conspirators for commission of terrorist act

against Government of India, with the intent to threaten the unity,

integrity, security and sovereignty of India and with intent to strike

terror in India, by causing death of and injuries to persons, loss of,

damage to and destruction of property. He associated himself with the

terrorist organization and as a member of terrorist outfit, and had

voluntarily and actively participated in preparatory acts for the

commission of terrorist acts which includes providing logistics for

reconnaissance of various spots to select as potential targets for

executing terrorist act under the instruction of senior operatives of IM.

Towards fulfillment of the objective of the conspiracy, he not only

associated himself with the people having criminal credentials who

were involved in several criminal cases but also extended the

support to IM operatives by providing them shelter with intention to

achieve the objective of conspiracy. He not only maintained contacts

with various members of the banned outfit but also facilitated them in

various illegal activities which were not limited to arranging logistics for

executing of terrorist activities, travelled to various places to meet

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senior functionaries to get instruction and participated in meeting with

other IM activists towards the fulfillment of conspiracy and other

activities which is barred by law. Thus, he has committed offences

under sections 18, 18(B), 19, 20, 38(2) & 39(2) of UA (P) Act 1967

as amended in act 35 of 2008.

17.51. The sanction for prosecution in respect of the

aforementioned accused persons namely, (1) Md. Danish Ansari @

Abdul Waheb @ Saleem @ Abdullah, (2) Mohd Aftab Alam @

Farooq @ Shaikhchilli @ Hafij Ji, (3) Imran Khan @ Zakaria @

Saleem @ Fazal @ Tabrez @ Raj @ Patel, (4) Syed Maqbool @

Zuber and (5) Obaid Ur Rehman, under Section 45(1) of Unlawful

Activities (Prevention) Act, 1967 has been obtained from the

competent authority vide Order No. I - 11011/47/2012-IS-IV dated

17.07.2013 and enclosed herewith. It is submitted that the accused

persons namely, (1) Md. Danish Ansari @ Abdul Waheb @ Saleem @

Abdullah, (2) Mohd Aftab Alam @ Farooq @ Shaikhchilli @ Hafij Ji,

(3) Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @ Raj @

Patel, (4) Syed Maqbool @ Zuber and (5) Obaid Ur Rehman, who

have been referred to as “A-1”, “A-2”, “A-3”, “A-4” & “A-5” respectively

herein above are referred to as “A-13”, “A-14”, “A-15”, “A-16” & “A-17”

respectively in the sanction for prosecution vide Order No. I -

11011/47/2012-IS-IV dated 17.07.2013.

17.52. It is, therefore, prayed that cognizance of these offences

punishable under the aforesaid Sections of Law, as mentioned

hereinabove vide paras 17.46 to 17.50 against accused persons

namely (1) Md. Danish Ansari @ Abdul Waheb @ Saleem @

Abdullah, (2) Mohd Aftab Alam @ Farooq @ Shaikhchilli @ Hafij

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Ji, (3) Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @ Raj

@ Patel, (4) Syed Maqbool @ Zuber and (5) Obaid Ur Rehman,

may be taken and process be issued against the accused persons to

face the trial in the court of Law in accordance with the provisions of

Law.

Dispatched on : 17.7.2013

No. of enclosures : 6

List of enclosures :

a. Annexure A (List of witnesses)

b. Annexure B & B-1 (List of documents and 164 Cr PC statements)

c. Annexure C (List of Material Evidence)

d. Annexure D (List of Expert Opinions)

e. Original Prosecution Sanction Order

Signature of the investigating Officer submitting the Final

Report/Charge sheet

Name: Vikas Vaibhav, IPS Superintendent of Police