NIA Court awards 9 years imprisonment to Pak Terrorist
JKUT (Jammu), December-08-2021-( JNF):- Special Judge NIA Srinagar Manjeet Singh Manhas awards Nine years rigorous imprisonment to Pakistani Terrorist Mohammad Zubair Illahi alias Talha S/o Mohammad Sadiq R/o 104-ML, Multan, Pakistan.
Special Judge NIA Srinagar Manjeet Singh Manhas also acquits Bashir Ahmad Mir @ Haroon Bhai S/o Mir Zaman Mir R/o Dachi Uri A/P Dedikadal, Shaheed Gunj, Srinagar, Syed Mukhtar Hussain Shah S/o Syed Mohd Hussain Shah R/o Nambla, Uri A/ P Hamdania colony, Bemina, Srinagar, Pradeep Singh S/o Bopinder Singh R/o Check, Kansipora, Baramulla as prosecution has failed to bring home the guilt and prove the charges beyond any shadow of doubt.
According to police case that on 13.3.2013 police station Parimpora received a docket from I/c Police Post Bemina to the effect that while complainant was busy in deploying the IRP personnel for law and order duty at Bemina Chowki near Police Public school at 10:00 in the morning on 13.3.2013, and CRPF personnel of 73 BN F.Coy was kept reserve in the ground of police public school for law and order duty where besides the CRPF personnel some children were playing cricket. In the meantime, at 10.30 in the morning complainant heard sound of firing and blasts in the ground on which complainant ran to observe the same and on observing found that terrorists armed with (arms and ammunition) entering the ground of police public school and started indiscriminate firing on CRPF personnel of 73 BN present in the ground with their illegal arms and ammunition. The police and CRPF officers after hearing the firing came on spot and during retaliation killed two terrorists. Thereafter, it was found that, as a result of firing of terrorists five CRPF personnel have also lost their lives besides some personnel got injured along with some civilians. The injured were referred to hospital for treatment. In fact the terrorists after hatching criminal conspiracy with intention to serve their motive made a suicide attack on CRPF party and caused loss to the sovereignty of the country. The killed terrorists were found armed with illegal arms and ammunition and same was recovered from them on spot.
Special Judge NIA Srinagar Manjeet Singh Manhas while convicting Pakistani Militant observed that it has been proved by the prosecution beyond any shadow of doubt that he is a resident of Multan, Pakistan and has crossed/entered in Indian territory illegally and without any valid documents, as such, is hereby held guilty for the commission of Offence U/s 14-A, (b) Foreigners Act, 1946. Secondly, it has also not been established before the court that accused no.1, has entered in the territory of Union of India not on any Tourist Visa or to perform any religious obligations. But it has been proved that he had entered/crossed in the territory of Union of India with intention, aim and motive to commit unlawful activities. In the statement of accused no.1, recorded U/s 342 Cr.P.C accused no.1, has clearly and categorically stated that he is a resident of Multan, Pakistan and said statement has been made part of the file and accused has not been able to place any valid paper/document for entering into this country i.e. Union of India, in his defence, nor the accused has been able to prove the fact by way of any kind of evidence that he had not entered the territory of this country for executing Unlawful Activities. As such, accused no.1, is hereby held guilty U/s 13-B of UAP Act, 1967 and awarded sentenced to rigorous imprisonment for a period of five (5) years for the commission of offence U/s 14-A, (b) of Foreigners Act, 1946 , & a fine of Rs.10000/=. The accused no.1 is further sentenced to rigorous imprisonment for a period of four (4) years for the commission of offence U/s 13-B of UA P Act & a fine of Rs.5000/=. In default of payment of fine the accused shall undergo further imprisonment for a period of three months. In view of the aggravating and mitigating circumstances both the sentences shall run consecutively. The Period of imprisonment already undergone shall be set-off against the sentence imposed herein. The government is hereby directed to make arrangement for the deportation of the Foreigner/accused no.1, namely, Mohammad Zubair Illahi to his native country after the completion of the period of sentence, provided he is not required in any other offence/case/FIR. JNF