3 Kashmiri students get 10-yr jail in terror conspiracy case
Mohali, June 5 -- A special NIA court in Mohali on Thursday sentenced three Kashmiri students to 10 years of rigorous imprisonment (RI) for conspiring to wage war against the Government of India and for offences involving arms, ammunition and explosives linked to the banned terror outfit Ansar Ghazwat-ul-Hind (AGH).
The trio, Zahid Gulzar, Yasir Rafiq Bhat and Mohammad Idrish Shah , were convicted on June 1 under Sections 121-A (conspiracy to wage war against the Government of India ), 122 (collecting men, arms or ammunition with the intention of waging war) and 120-B (criminal conspiracy) of the IPC, Sections 18 and 20 of the Unlawful Activities (Prevention) Act for conspiracy, abetment of a terrorist act and membership of a terrorist organisation, Section 25(A-1) (possession and handling of prohibited arms or ammunition without authorisation) of the Arms Act and Section 5 (possessing explosive substances under suspicious circumstances or for unlawful purposes) of the Explosive Substances Act.
The sentenced by announced by Special judge Dinesh Kumar Wadhwa.
The court directed that all substantive sentences would run concurrently. Consequently, each convict will undergo an effective sentence of 10 years' rigorous imprisonment, subject to set-off for the period already spent in custody. The three have remained in jail since their arrest in October 2018 and have already undergone more than seven years and eight months of incarceration.
The case originated from an FIR dated October 10, 2018, registered at Jalandhar which was later taken over by the National Investigation Agency (NIA).
According to the prosecution, AGH chief Zakir Musa and his associates had conspired to carry out attacks on important installations in Punjab and destabilise law and order in the state. Investigators alleged that Zahid Gulzar became associated with the outfit after being radicalised and collected a consignment of explosives from Gurdaspur on August 3, 2018, on instructions conveyed through encrypted communication channels.
The NIA further alleged that Gulzar and Mohammad Idrish Shah collected another cache of arms and ammunition from Amritsar on October 7, 2018.
The conspiracy surfaced after investigators raided a hostel at CT Institute, Jalandhar, on October 10, 2018. During the search, the agency recovered an AK-series rifle, magazines, live cartridges, explosives and other material. Hostel records produced during trial showed that Zahid Gulzar and Yasir Rafiq Bhat occupied the room from which the recoveries were made.
The prosecution examined as many as 62 witnesses, including protected witnesses, forensic experts and investigating officers. Digital evidence extracted from mobile phones and electronic devices allegedly revealed photographs and propaganda material relating to Zakir Musa, Burhan Wani and AGH. The court also noted that photographs linked to locations where explosives were allegedly collected were recovered from Zahid Gulzar's mobile phone.
The court acquitted a fourth accused, Suhail Ahmed Bhat, observing that the prosecution failed to establish his involvement beyond reasonable doubt.
During the sentencing, defence urged the court to adopt a reformative approach. It argued that all three convicts were teenagers at the time of the offence, possessed "impressionable minds" and were pursuing professional courses in engineering and medicine when they were arrested. It further submitted that the convicts had shown no continuing tendency towards radicalisation during the trial and had expressed remorse.
The convicts also personally appealed for leniency.
The NIA, however, opposed any leniency and sought the maximum punishment prescribed by law.
In its sentencing order, the court said the offences were grave because they related to waging war against the Government of India, conspiracy, and possession and concealment of prohibited arms, ammunition and explosive substances. The court observed that such offences strike "at the very root of national security, public order and the sovereignty and integrity of the State" and that the recovered weapons and explosives had the potential to endanger human life and public safety.
The court also reflected on the issue of radicalisation, observing that the case illustrated the consequences that extremist ideology could have on young minds. Stressing that no religion, in its true essence, advocates hatred or violence, the court quoted poet Muhammad Iqbal's famous lines,"Mazhab nahi sikhata aapas mein bair rakhna, Hindi hain hum, watan hai Hindustan hamara" (Religion does not teach us to bear enmity among ourselves; we are Indians, and India is our homeland).
At the same time, the court declined the NIA's plea for maximum punishment. It noted that the accused were apprehended at the preparatory stage of their alleged design and that their young age at the time of the offence constituted a mitigating circumstance. Balancing those factors against the threat posed to national security and public safety, the court held that a sentence of 10 years' RI was appropriate.
Besides the prison terms, the court imposed fines under each of the offences for which the three men were convicted....
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