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Delhi’s Patiala House Court recently framed charges against Indian Mujahideen (IM) operative Yasin Bhatkal and 10 others in a UAPA case for designing and executing terror plots to wage a war against India.
Special NIA Judge Shailendra Malick, who also discharged three accused in the case, noted while framing charges that Bhatkal was repeatedly involved in terror activities to wage a war against India.
“…Extraction report of the data in digital devices seized from A-6, as per the report of CERT-In show that many folders containing video clips of jihadi literature, including writings for justifying killing of non-Muslims, in the name of jihad. Videos of Talib and Al Qaida on necessity of violent jihad,” the court noted.
After analysing various electronic and digital evidence, the court also observed that Bhatkal was involved not only in a larger conspiracy for committing terrorist activities but also instrumental in preparing of IEDs and explosives.
The court noted that a chat between Yasin Bhatkal and Mohd Sajid (Bada Sajid) reflect IM was planning to evacuate Muslims from Surat town before planting a nuclear bomb.
Another chat between Bhatkal and Sajid on June 1, 2013, showed them discussing a Maoist attack on a Congress leader in Chhattisgarh and also planning to kill leaders instead of the general public for “shaking the government”.
Appearing for Bhatkal, advocate MS Khan, during arguements, submitted that Bhatkal has faced prosecution in other cases of bomb blast and has also been convicted in one of the matters. He submitted that evidence in those cases cannot be relied upon in the present case as it would
tantamount to trial of Yasin Bhatkal on the second occasion, based on the same evidence.
It was further argued that mere involvement of Bhatkal in previous incidence, ipso facto, cannot be considered as evidence for charge of conspiracy, more particularly when Bhatkal has already faced trial for different offences inter alia charge of conspiracy.
The case pertains to the furtherance of a criminal conspiracy by functionaries of Indian Mujahideen by which it undertook large scale recruitment/induction of new members for commission of terrorist activities in various parts of India, with active aid and support from Pakistan-based associates as well as sleeper cells within the country to commit terrorist acts by bomb blasts at prominent places in India, especially in Delhi.
The National Investigation Agency (NIA) is probing a criminal case registered against the terrorist activities of the proscribed terrorist organisation under Sections 121A and 123 of the Indian Penal Code, 1860, and under Sections 17, 18, 18B and 20 of the Unlawful Activities (Prevention) Act, 1967.
Indian Mujahideen, a terrorist organisation proscribed under UA(P)Act (as amended in 2008), was formed around the end of 2003 when a group of ultra-radicalised Muslim youths — including Iqbal Bhatkal, Riyaz Bhatkal, Mohd. Siddibappa Zarrar @ Yasin Bhatkal — who were associated earlier with another banned terrorist organisation Student Islamic Movement of India (SIMI) segregated themselves in the aftermath of communal mobilisation on account of the Babri Masjid demolition (1992) and riots in Gujarat after the Godhra incident (2002). They then formed a new terrorist organisation called the Indian Mujahideen to carry out terrorist attacks in different parts of India.
These youths belong to different parts of India, including Bhatkal, Azamgarh, Kolkata, Mumbai, Delhi and others and they entered into a conspiracy to carry out terrorist attacks in different parts of India to wage a war against the government.
The Indian Mujahideen was banned on June 22, 2009, and included in the First Schedule of UA(P) Act.
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