Court framed charges in Ban Toll Plaza Attack case
JKUT (Jammu), October-16-2021-( JNF):- Special Judge NIA Sunit Gupta framed charges against Suheel Javid @ Suheel Lone S/O Javid Maqbool Lone R/O Wagar P/S Khan Sahib District Budgam in In a much publicized Ban Toll Plaza Terrorist Attack on 31st January, 2020 in which 3 Pak militants of JeM outfit gunned down.
According to the charge sheet of National Investigating Agency, THAT ASI Rajinder Singh from P/S Nagrota was deployed on police naka duty at Bun toll Plaza on 31st Jan.2020 when during the naka checking duty at 5.30 hours, a Truck bearing Reg No. JK03F 1478 which was on its way from Jammu towards Srinagar was stopped for naka checking and at the same time, some unknown terrorists who were boarded in the said Truck had started firing on the checking party. In the said firing Ct. Boom Raj No. 1250/J was got injured. This kind of brief information was supplied by ASI Rajinder Singh telephonically to SHO P/S Nagrota and on the basis of the said information FIR No. 0045/2020 for the offences under sections 307/120-B/121/122/123 IPC and sections 7/25/26/27 Arms Act and sections 16/18 of UA (P) Act was registered at P/S Nagrota. Subsequently, this case was assigned to NIA by the order issued by Ministry of Home Affairs Govt. of India and the case was re-registered by the National Investigating Agency B/O Jammu as RC-02/ 2020/NIA/JMU dated 10th Feb 2020 for the same offences under which FIR No. 45/2020 was registered with P/S Nagrota .
During the investigation, it was emerged that the child in conflict with law namely Suheel Javid was the part of a deep rooted conspiracy hatched by Pakistan based terrorist commanders, active terrorists and the terror associates of the proscribed terrorist organization Jaish-e-Mohammed (JeM). The conspiracy was to threaten Unity, integrity and sovereignty of India by facilitating infiltration of Pakistani JeM terrorists and their further transportation to Kashmir valley so as to indulge in terror acts and thereby waging war against Union of India. It was further emerged in the investigation that CCL Suheel Javid is highly motivated and radicalized terror associates of JeM who intentionally and voluntarily involved himself in the commission of the offences of heinous nature by hatching deep rooted criminal conspiracy with terrorist handlers sitting across the border with an intention to wage war against Union of India. The present CCL Suheel Javid was pursuing his coaching from Amballa Haryana and he had started establishing his contact with the Pakistan based handlers of JeM through social media platforms and he was instructed to constantly monitor the crossing/receiving of the freshly infiltrated Pakistani terrorists across the International border during the intervening night of 22nd/23rd Dec. 2019. During that time, the mobile Internet facility was not available in UT of J&K due to security issues, as such, CCL Suheel Javid was playing a pivotal role in facilitating the infiltration of Pakistani terrorists by maintaining communication between the Pakistani handlers through social media platform and by telephonically contact with the main accused Sameer Ahmed Dar, the driver of the Truck and the receiver of the freshly infiltrated Pakistani terrorists. Since the CCL Suheel Javid was putting up in Amballa where, the mobile Internet facility was available and as such, he while taking the benefit of the Internet facility used to get information from Pakistani handlers on social media and disseminate the same to the accused Sameer Ahmed Dar on phone calls. In the intervening night of 22nd and 23rd Dec 2019 the accused Sameer Ahmed Dar and his associate Asif Ahmed Malik had received three Pakistani terrorists from Samba and they had further transported them to Kashmir valley in the Truck driven by the accused Sameer Ahmed Dar. In the said infiltration CCL Suheel Javid had played a very active and important role and he became the mediator between the Pakistan handlers and Sameer Ahmed Dar for passing information as well as the necessary directions at every stage of the activity of carrying three Pakistani terrorists from Samba up till the Kashmir valley. Investigation has further revealed that during the second infiltration of three Pakistani terrorists who were received by the accused persons Sameer Ahmed Dar, Asif Ahmed Malik and Sartaz Ahmed Mantoo in wee hours of 31.01.2020 the Internet connectivity had been restored as such, the assistance of the juvenile Suheel Javid was not taken by the aforesaid accused persons. This group of three Pakistani terrorists along with the accused persons Sameer Ahmed Dar, Asif Ahmed Malik and Sartaz Ahmed Mantoo were intercepted at Ban Toll Plaza, Nagrota Jammu and in the encounter with the security forces, three Pakistani terrorists were killed, whereas, the accused persons Sameer Ahmed Dar, Asif Ahmed Malik and Sartaz Ahmed Mantoo were arrested. During their interrogation by the Investigating agency the role of juvenile Suheel Javid and others in the first successful infiltration,transportation and placement surfaced and this is how the juvenile Suheel Javid was taken into custody by the Investigating agency.
During the investigation the mobile phones of all the accused persons were seized and call data records were obtained from the concerned network companies. From the said CDRs the location of juvenile Suheel Javid with effect from 23rd December 2019 to 28th December 2019 was found to be in Amballa . Besides this, it was also found that the juvenile Suheel Javid was in continuous communication with the accused persons Sameer Ahmed Dar and Asif Ahmed Malik with effect from 23rd December 2019 till 28th December 2019, the day when three Pakistani terrorists safely arrived at Karimabad South Kashmir. The mobile phone made by Xiaomi belonging to Suheel Javid which was recovered from his possession was also sent to CERT-In,New Delhi for forensic examination . The scrutiny of the forensic analysis report of the said mobile phone reveals that many applications of social media were installed in his mobile phone. Images recovered from the mobile phone of juvenile Suheel Javid suggests that he participated in the conspiracy to wage war against the Govt of India. Some voice notes were also found from his mobile phone where from it was gathered that the juvenile Suheel Javid was in regular touch with the Pakistani terrorist handlers and he was getting regular instructions from the Pakistani handlers and passing these instructions to the accused persons Sameer Ahmed Dar and Asif Ahmed Malik.
Special Judge NIA Jammu Sunit Gupta after hearing Special PP BS Manhas for the NIA whereas Adv Yogesh Bakshi for the accused observed that it is not necessary that each and every conspirators must aware about every minute details of the conspiracy hatched between them. It is enough if every conspirator knows and plays his individual role in the whole conspiracy. Similarly in the instant case the Juvenile Suheel Javid was well aware about his role in the conspiracy of waging war against India by acting as mediator between Pak handlers and the accused persons Sameer Ahmed and Asif Ahmed Malik and he had played his role in a very active manner by passing the information from Pak Handlers and the aforesaid accused persons.Hon’ble Supreme Court in ‘Feerozuddin’ Case has observed that the unlawful agreement which amounts to a conspiracy need not be formal or express, but may be inherent in and inferred from the circumstances, especially declarations, acts, and conduct of the conspirators. Criminal conspiracy is a partnership in crime and that there is in each conspiracy a joint or mutual agency for the prosecution of a common plan. This joint responsibility extends not only to what is done by any of the conspirators pursuant to the original agreement but also to collateral acts incidental to and growing out of the original purpose and framed charges for the offences under sections l20-B read with sections l2l,l2l-A, l22 IPC and sections l8 &39 of UA(P) Act are made out against the CCL (Juvenile) Suheel Javid.JNF 