In a major loss of face, the National Investigation Agency (NIA) has drawn a blank in a terror funding case and forced to file a closure report.
In case No 12/2011 registered by it on November 14, 2011, the agency booked three fruit merchants from Jammu & Kashmir for alleged distribution of funds to the cadres of banned Hizbul Mujahideen and lashkar-e-Tayyaba. But after more than a year of investigation, the agency has found nothing against the trio and has recommended closure of the case.
The case under various Sections of the Indian Penal Code and Unlawful Activities (Prevention) Act against Gulam Nabi lone and Habibullah lone of Nadihal, Baramulla and Irshad Ahmed lone resident presently of Medina/Jeddah, Saudi Arabia was registered based on “credible source information.”
According to the FIR, Ghulam Nabi lone, a fruit vendor, was allegedly distributor of funds for HM and leT and sent Rs 4 lakh to Habibullah lone through Irshad Ahmed lone during the month of May and June 2011 for financing of the cadres of these two banned terror outfits.
The fund through these accused persons was alleged to have been distributed through various conduits including, but not limited to Delhi, Jammu & Kashmir to the HM and leT cadres and used for promoting terrorist activities in India.
During the last over a year and a half, the investigating officer was changed thrice by the supervisory officers Superintendent of Police, Swayam Prakash Pani and Deputy Inspector General Mukesh Singh, but the probe did not yield much. Both the supervisory officers are from the IPS.
The probe was conducted to determine the criminal conspiracy, the sources, channels, conduits, beneficiaries, facilitators and magnitude of terror funding and other related assistance to these terrorist outfits in Delhi and Jammu & Kashmir.
During the course of the probe, the NIA found 13 transactions of about Rs 7 lakh through Western Union Money Transfer between Arshad Habib lone and Habibullah lone. However, the NIA has claimed that during field verification and examination of Habibullah lone, it was revealed that the latter received the amount from the former who happens to be his son. The money was received for construction of a house at his ancestral place and for repayment of debt to some fruit vendors.
“During field investigation, no corroboration of the allegation as mentioned in the FIR could be gathered….No evidence could come on record that Ghulam Nabi lone had received funds from Habibullah lone for distribution of the same to terrorist organisations, HM and leT,” says a report of the NIA.
Probe also revealed that Ghulam and Habibullah are relatives and have a
well-established fruit business in Sopore fruit mandi. Ghulam is also chairman of
Kashmir Fruit Growers and Dealers Association. The scrutiny of the bank accounts of the accused persons, surveillance of the activities of Arshad in Saudi Arabia by the intelligence agencies and IMEI run of their mobile phones could not reveal any nexus of terror funding, says the report.
The probe has revealed that no financial transaction between Ghulam and Habibullah has come on record and no connection between the accused persons and terrorist outfits, as mentioned in the FIR, has been found, according to the NIA.
Pointing to the shortcomings of the probe, the NIA has said that “investigation abroad remained unattended as the process is cumbersome and time consuming. The process of investigation abroad needs to be simplified and made prompt.”
The Financial Intelligence Unit, Saudi Arabia has said that there is no previous suspicious or criminal record against Arshad but has two hawala memberships through which, he has transferred Saudi Riyal 42,683 to his father. These hawala memberships do not show any incoming transfer, said the FIU-Saudi Arabia.
Since sufficient material has not been gathered at this stage to launch prosecution of the accused persons, the agency has recommended closure but wants to keep the probe open for examination of Arshad who is presently residing in Saudi Arabia.