A designated National Investigation Agency (NIA) special court has ordered framing of charges against Kashmiri separatist leaders Shabir Shah, Yasin Malik, former MLA Rashid Engineer, Altaf Fantoosh, Masrat Alam, Hurriyat and Lashkar-e-Tayebba (LeT) founder Hafiz Sayeed and Hizbul Mujahideen chief Syed Salahuddin among others in a terror funding case.
Others charged include businessman Zahoor Ahmad Shah Watali, Bitta Karate, Aftab Ahmad Shah, Avatar Ahmad Shah, Naeem Khan, Bashir Ahmed Bhat, alias Peer Saifullah, and the like for criminal conspiracy, waging war against the country and other unlawful activities.
In an order dated March 16, NIA special Judge Praveen Singh said, “The above analysis reflects that the statements of witnesses and documentary evidence have connected almost all the accused with each other and to a common object of secession, to the commonality of means they were to use, their close association to terrorist/terrorist organisations under the guiding hand and funding of Pakistani establishment.”
Notably, the court has discharged three namely Kamran Yusuf, Javed Ahmad Bhatt and Syedah Aasiya Firdous Andrabi. The case related to the various terrorist outfits LeT, HM, Jammu and Kashmir Liberation Front (JKLF), and Jaish-e-Mohammed (JeM) backed by Islamic State that perpetrated terrorist and secessionist activities disturbing security in Jammu and Kashmir.
The court further noted that money for terror funding was channelised by Pakistan and its instrumentalities, including the diplomatic mission which was used to fulfil the nefarious design. It also said money for terror funding was sent by proclaimed international terrorist and an accused Hafiz Sayeed wanted in India for various terrorist acts.
The court noted that, during the course of arguments, none of the accused have argued that individually they do not have a secessionist ideology or agenda or that they have not worked for secession or advocated for the secession of the erstwhile State of Jammu and Kashmir from the Government of India.
However, the court clarified that whatever has been expressed in this order is a prima facie opinion although, a detailed discussion of the evidence had to be done because the arguments were advanced by both sides in much detail.
Various terrorist organisations like LeT, HM, JKLF and JeM among others, with the support of Inter-Services Intelligence (ISI) of Pakistan, perpetrated violence in Jammu and Kashmir by attacking civilians and security forces, according to the NIA FIR and related chargesheet.
The NIA has further alleged that in 1993, the All Parties Hurriyat Conference (APHC) was formed to give a political front to secessionist activities.
The chargehseet also underscored that the collusive connivance was hatched for funding separatist and terrorist activities in Jammu and Kashmir with the ulterior motive of causing disruption in the Valley by way of pelting stones on security forces, systematically burning down schools, damage to public property and waging war against India.
The case was registered at the behest of the Union Home Ministry. The NIA registered the case under various sections of the Indian Penal Code (IPC) and relevant provisions of the Unlawful Activities Prevention Act (UAPA).
The NIA has further highlighted that the APHC and other secessionists instigated the general public, especially the youth to observe strikes and to resort to violence including stone pelting on the security forces. This was intended to create disaffection amongst the people of Jammu and Kashmir towards the Government of India.
The NIA investigation has revealed that the secessionists were mobilising funds from all possible sources to fuel unrest and support the ongoing secessionist and terrorist activities in Jammu and Kashmir.