CHARGE SHEET (Under Section 173 Cr.P.C) IN THE COURT OF THE LEARNED SPECIAL JUDGE, NIA, PATIALA HOUSE, NEW DELHI Name of the Investigation National Investigation Agency Agency. (Nia) FIR No and date RC - 06/2012/NIA/IDLI Dated 10.09.2012 Final ReportiCharge Sheet 2 / 2013. No. Date 17" July, 2013. Sections of Law. Sections 121A and 123 of the Indian Penal Code, 1860 and Sections 17, 18, 18B and 20 of the Unlawful Activ (Prevention) Act 1967 as amended by Act 35 of 2008. ‘Type of Final Repor/Charge Charge sheet. Sheet If Final Report Un-occurred! Not Applicable. false/ Mistake of facl/Mistake of lawiNon- Cognizable /Civil Nature. If Charge-sheeted: Original, Original / Supplementary. Name of Investigation Vikas Vaibhav, IPS, SP/NIA Officer. Page 10" a29. Name of the Complainant 10. Details of Properties /Articles/ Documents recovered/seized during the investigation and relied upon: ‘Swayam Prakash Pani, IPS, SPINIA ‘As per Annexure B & C enclosed. 14. (11.1) Particulars of accused persons charge sheeted: Name Father's Name Year/Date of Birth Sex Nationality Religion Occupation Address (Present) Address( Permanent) Whether verified Date of Arrest Under Acts & Sections (of : charge sheet) Status of the accused Md. Danish Ansari @ Abdul Wahab @ Saleem @ Abdullah (herein after referred as A-1) Md. Zafer Ansari 02.02.1993, Male Indian Muslim Member/Cadre of Indian Mujahideen (IM) Chakjora, — Leharia Sarai, Darbhanga, Bihar. Chakjora, —Leharia_— Sarai, Darbhanga, Bihar. Yes 21.01.2013 Sections 18, 20, 38(2) and 39(2) of UA (P) Act 1967, as amended in Act 35 of 2008. In the judicial custody of the Learned NIA Special Court, New Dethi Page 20t a2(11.2) Particulars of accused persons charge sheete Name : Mohd Aftab Alam @ Farooq @ Shaikhchilli @ Hafij Ji (herein after referred as A-2) Whether verified : Yes Father's Name : Mohd. Ayub Year/Date of Birth 2 24 Yrs Sex : Male Nationality : Indian Religion = Muslim: Occupation : Member/Cadre of Indian Mujahideen (IM) ‘Address (Present) : Sakin Balwa, P.O. Adhang, Distt. Jalalgarh, Purnea, Bihar. Address( Permanent) Sakin Balwa, P.O. Adhang, Distt. Jalalgarh, Purnea, Bihar. Date of Arrest 2 05.2.2013, Under Acts & Sections (of : Sections 18, 19, 20, 38(2) and charge sheet) 39(2) of UA (P) Act 1967, as amended in Act 35 of 2008. Status of the accused In the judicial custody of the Learned NIA Special Court, New Dethi Page 30t a2Whether verified Father's Name Year/Date of Birth Sex Nationality Religion Occupation Address (Present) Address( Permanent) Date of Arrest Under Acts & Sections (of charge sheet) Status of the accused Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @ Patel @Raj (herein after referred as A-3) Yes Wajid Khan 26.12.80 Male Indian Muslim Member / Cadre of Indian Mujahideen (IM) Peer Burhan Nagar, Near Saleheen, — Bhagya Nanded, Maharashtra, Peer Burhan Nagar, Near M: Saleheen, Bhagya Nagar, Nanded, Maharashtra, 28.2.2013 Masjid Nagar, lasiid Sections 18, 18 (B), 20, 38(2) and 39(2) of the UA (P) Act of UA(P) Act 1967 as amended in Act 35 of 2008. In the judicial custody of the Learned NIA Special Court, Delhi New Page 80 a2(11. 4) Particulars of accused persons charge sheeted: Name Whether verified Father's Name YearlDate of Birth Sex Nationality Religion Occupation Address (Present) Address( Permanent) Date of Arrest Under Acts & Sections (of charge sheet) Status of the accused ‘Syed Maqbool @ Zuber (herein after referred as A-4) Yes Syed Haji 06.06.77 Male Indian Muslim Member / Cadre of Indian Mujahideen (IM). Sanatan Nagar, near Madina Masjid Dharmabad, Nanded, Maharashtra. Sanatan Nagar, near Madina Masjid Dharmabad, Nanded, Maharashtra. 28.2.2013 Sections 18, 18(A), 18(B), 20, 38(2) and 39(2) of UA (P) Act 1967 as amended in Act 35 of 2008. In the judicial custody of the Learned NIA Special Court, New Delhi Page 50 a2(11. 5) Particulars of accused persons charge sheeted: Name Whether verified Father's Name YeariDate of Birth Sex Nationality Religion Occupation Address (Present) Address( Permanent) Whether verified Date of Arrest Under Acts & Sections (of charge sheet) Status of the accused Obaid Ur Rehman (herein after referred as A-5) Yes Late Mohd. Hamaid 22.01.90 Male Indian Muslim Member / Cadre of Indian Mujahideen (IM) 18/1/11/8, Gulshan Iqbal Colony Chandrayan Gutta, Hyderabad, Andhra Pradesh, 18/1/11/8, Gulshan Iqbal Colony Chandrayan Gutta, Hyderabad, Andhra Pradesh Yes 13,3,2013 Sections 18, 18 (B), 19, 20, and 39(2) of UA (P) Act 19 amended in Act 36 of 2008. In the judicial custody of the 38(2) 167 as Learned NIA Special Court, New Delhi Page 60 a212. 13. 14, 15. 16. Particulars of accused persons - not charge-sheeted. Nil (i) Particulars of witnesses tobe: As per the list examined enclosed in Annexure (A) (ii) List/details of documents/Articles : As per the list enclosed in Annexure (B) & (B1) and ‘Annexure (C) IF FIR is false, indicate action taken or proposed to be taken u/s 182/211 IPC Not applicable Result of laboratory analysis. : As per the list enclosed in Annexure (D) Brief facts of the case: 16.1 In pursuance of the directive of the Ministry of Home Affairs, Government of India, vide Order No. [Ia HERE, the National Investigation Agency, New Delhi, India (NIA) registered a case as Regular Case No. 6/2012INIA/New Delhi dated 10.09.2012 under Sections 121A & 123 of the IPC and Sections 17,18, 184, 18B & 20 of the Unlawful Activities (Prevention) Act, 1967 as amended by Act 35 of 2008, against the accused persons namely, 1. Yasin Bhatkal @ Ahmed Zarrar @ Imran @ Asif @ Shahrukh, resident of No. 938, S M Zarrar Manzil, Jail Road, Maqdoom Colony, Bhatkal, Kamataka, 2. Riyaz Bhatkal @ Ahmed, son of Ismail Shahbandari, resident of Fatime Manzil, Tengingundi Cross, Bhatkal, Kamataka, 3. Iqbal Bhatkal @ Mohammad, son of Ismail Shahbandari, resident of Fatime Manzil, Tengingundi Page Tota?16.2 Cross, Bhatkal, Kamataka, 4. Mohsin Choudhary, son of Ibrahim Ismail Choudhary, resident of Flat No. 3, Survey No. 49, Maneesha Complex, Meetha Nagar, Kondhwa Khurd, Pune, Maharashtra, 5. Amir Reza Khan @ Parvez @ Rizwan @ Muttaki, son of Ishaque Ali Khan, resident of Maheyan, PS Mahantapur, District- Gaya, Bihar, 6. Tahsin Akhtar @ Monu son of Wasim Akhtar resident of Maniarpur, PS Kalyanpur, District- Samastipur, Bihar, 7. Dr. Shahnawaz Alam, son of Shadab Ahmed, resident of Village/PO Sanjarpur, PS Saraimeer, Tehsil- Nizamabad, District- Azamgarh, Uttar Pradesh, 8. Asadullah Akhtar @ Haddi, son of Dr. Javed Akhtar, resident of Near Ghulami ka Pura, Behind Tedia Masjid, District- Azamgarh, Uttar Pradesh, 9. Ariz Khan @ Junaid, son of Zafre Alam, resident of Kot Area, District- Azamgarh, Uttar Pradesh, 10. Md. Sajid @ Bada Sajid, son of Late Quraishan, resident of Village/PO Sanjarpur, PS Saraimeer, Tehsil Nizamabad, District- Azamgarh, Uttar Pradesh, 11. Md. Khalid, son of Late Sageer Ahmed, resident of Village/PO Sanjarpur, PS Saraimeer, Tehsil- Nizamabad, District- Azamgarh, Uttar Pradesh, 12. Mirza ‘Shadab Beg, son of Mirza Ahttesham Beg, resident of Raja ka Kila, District- Azamgarh, Uttar Pradesh, who are absconding and other persons for entering into a criminal conspiracy to wage war against the Government of India, being members of the banned terrorist organisation Indian Mujahideen(IM), It was alleged that in furtherance of their conspiracy, some functionaries of the Indian Mujahideen (IM) are undertaking large scale recruitment’ induction of new members, for ‘commission of terrorist act, in various parts of the country with Page Bot a27. 16.3 16.4 the active aid and support from their Pakistan based associates and with their sleeper cells within the country to commit terrorist act by causing Bomb Blasts at important and prominent places in India especially in Delhi. Source information revealed that Indian Mujahideen (IM) operatives and its frontal organizations are receiving regular funding from abroad to finance their terror activities. During the investigation, the role of another five IM operatives, namely Md. Danish Ansari @ Abdul Waheb @ Saleem @ Abdullah (A-1), Mohd Aftab Alam @ Farooq @ Shaikhchilli @ Hafij Ji (A-2), Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @ Raj @ Patel (A-3), Syed Maqbool @ Zuber (A-4) and Obaid Ur Rehman (A-5) transpired, They were involved in the larger conspiracy of the IM to wage war against the Government of India. They were subsequently arrested in ‘connection with the instant case for their substantial role in the conspiracy and commission of offence. At present they are under judicial custody of the Ld. Court. Facts Disclosed During Investigation ATA, Precedent to narrating the facts established during investigation, a brief introduction of the terrorist organisation to which the accused persons belong, would help in appreciating the facts gathered during the course of investigation. Page 90 a217.2. Formation of the Indian Mujahideen and the hatching of the conspiracy :- The Indian Mujahideen (herein after referred to as IM) a terrorist organization proscribed under the provisions of the Unlawful Activities (Prevention) Act 1967 (as amended in act 35 of 2008), was formed in or around the end of year 2003 after a group of certain ultra radicalised Muslim youth segregated themselves from the Students Islamic Movement of India (SIMI) in the aftermath of the communal mobilisation caused due to factors like the Babri Masjid demolition incident (1992) and the riots in Gujarat after the Godhra incident (2002). These ultra radicalized youth belonged to different parts of India and were chiefly associated with places like Bhatkal, Azamgarh, Kolkata, Mumbai, Delhi and others. They entered into a conspiracy to carry out terrorist attacks in different parts of India with a motive to wage war against the Government of India, by identifying and organising more such ultra radicalised Musiim youth on religious lines and thereby forming a Jehadist group, to effect acts of revenge against the perceived threats and biases faced by the minority community. This outfit which was to be assisted by the handlers from Pal ‘an, The Indian Mujahideen was banned by the Government of India under the Unlawful Activities (Prevention) Act as a terrorist organisation on 22 June 2009, 17.3. Involvement_of_the Indian Mujahideen in_terrorist incidents _:- Investigation disclosed that the role of the Indian Mujahideen in the commission of terrorist incidents was revealed for the first time from an email which was sent to certain media channelsinews networks, immediately after the bombings in the courts of Varanasi, Faizabad (Ayodhya) and Lucknow in Uttar Pradesh, on 23.11.2007. Through this email, the Indian Mujahideen apart from Page 10 orazclaiming the responsibility for the UP Court Blasts, also claimed the responsibility for the earlier terrorist incidents at Varanasi on 7.3.2006, ‘Mumbai Serial Blasts on 11.7.2006 and the Hyderabad Twin Blasts at Gokul Chaat and Lumbini Park on 25.8.2007. The group further cited Babri Masjid demolition and Gujarat riots as the major reasons for their adopting the violent path. The Indian Mujahideen through further emails also owned the responsibility for the terrorist incidents at Jaipur on 13.5.2008, serial blasts in Ahmedabad on 26.7.2008, Delhi Serial Blast on 13.9.2008 etc. During investigation, copies of the emails sent by the operatives of the Indian Mujahideen to various media networks were taken on production from the state investigation agencies and analysed to understand the ideology and aims of the Indian Mujahideen. 17.4. Radical Ideology of the Indian Mujahideen reflected in the emails sent Investigation revealed that the ideology of the IM is highly radicalised and poses a serious threat to the unity, integrity, secular fabric and security of India. The operatives of the IM do not believe in the Constitutc n of India and believe in waging war against the Government of India, and nurse communal hatred against the Hindu community. According to the mail sent before the Ahmedabad serial blasts by the IM, they were “raising the illustrious banner of Jihad against the Hindus and all those who fight and resist us, and here we begin our revenge with the help and permission of Allah ~ a terrifying revenge of our blood, our lives and our honour that will, Insha-Allah, terminate your survival on this land.” The mail sent called upon Hindus to “realise that the falsehood of your 33 crore dirty mud idols and the blasphemy of your deaf, dumb, mute and naked idols of Ram, Krishna and Hanuman are not at all going to save your necks Page tn of afrom being slaughtered by our hands.” It demanded that Hindus changed their attitudes lest “another attack of Ibn-2-Qasim sends shivers down your spines, lest another Ghauri shakes your foundations, and another Ghaznavi massacres you, proving your blood to be the cheapest of all mankind.” In the email sent after the serial blasts in Delhi on 139.2008, they mentioned that they wanted to ensure that the “heart of India stops from beating.” 17.5. Disclosure of identity of IM Operatives after Batla House Encounter in 2008 :- That the identity of some operatives of the IM was disclosed for the first time after an encounter with the Special Cell, Delhi Police at Batla house, Jamia Nagar, New Delhi on 19.09.2008, in which one member of the IM was arrested. Later, more operatives of the banned outfit were arrested from other parts of the country. During investigation by the Special Cell, Delhi Police, several aspects related to the origin and the functioning of the IM were revealed. The members of Indian Mujahideen executed the bomb blasts under the directions of senior functionaries like Riyaz Bhatkal, Iqbal Bhatkal, Yasin Bhatkal and Amir Reza Khan who are still absconding from the clutches of the law of the land. Investigation about the origin and activities of the IM at The investigation carried out by the NIA in Bhatkal, Karnataka, further revealed that around the end of the year 2003, the accused persons Iqbal Bhatkal, Riyaz Bhatkal, Md. Ahmed Siddibappa Zarrar @ Yasin Bhatkal and others who were earlier associated with the SIMI, also a banned organization, entered into a conspiracy to wage war against the Government of India. They decided to form a new terrorist organisation called the Indian Mujahideen, to carry out Page 12 oF azterrorist attacks in different parts of India with a view to terrorize the Indian citizens especially the majority community and to wage war against the Government of India. fi nt IM operatives involved in terror That during the investigation, the roles of several persons involved in the conspiracy resulting in several terrorist acts was established. More specifically, the roles of the accused persons namely 1. Yasin Bhatkal @ Md. Ahmed Siddibappa Zarrar @ Imran @Asif @ Shahrukh, 2. Iqbal Bhatkal @ Mohammad Iqbal, 3. Riyaz Bhatkal @ Mohammad Riyaz, 4. Amir Reza Khan @ Parvez @ Rizwan @ Muttaki, 5. Tahsin Akhtar @ Monu, 6. Ariz Khan @ Junaid @ Wakas and 7. Asadullah Akhtar @ Haddi (All named in the FIR of the instant case) and others, were revealed as principal conspirators and executors in various heinous terrorist acts in different parts of India including but not limited to the Jaipur Serial blasts on 13.5.2008, Ahmedabad Serial Blasts on 26.07.2008, Delhi Serial Blasts 0n13.09.2008, Pune German Bakery blast during February, 2010, Chinnaswami Stadium, Bangalore Blasts on 17.4.2010, Mumbai Serial Blasts 0n13.07.2011, etc. 47.8. Recruitment of cadres by the IM :- That investigation has revealed that in pursuance of the conspiracy, the IM operatives made efforts in different places in India to find new potential recruits. The role of the operatives including Md. Ahmed Siddibappa Zarrar, Riyaz Bhatkal, Iqbal Bhatkal, Aftab Alam @ Farooq (A-2), Imran Khan (A-3), Syed Maqbool (A-4) and others in motivating several persons to get recruited in the IM was established during investigation. The initial recruits were drawn chiefly from the common contacts of the Page 13 oF ainitial operatives who joined the IM. The modus operandi for recruitment of new cadres was revealed during the investigation and it was found that meetings were organised in places including Darbhanga, Bihar and Hyderabad on the pretext of discussing religious issues by senior IM operatives like Md. Ahmed Siddibappa and Syed Maqbool (A-4) which were attended by several persons. During these meetings the issues of perceived atrocities on the Muslim community in India and abroad were discussed and the Persons motivated to attack other communities. Such persons who were found to be susceptible / vulnerable were further radicalized and motivated to join the IM. Regular contacts were made with such persons by the senior IM operatives including Riyaz Bhatkal, Iqbal Bhatkal and others, for further motivation to get them inducted. 17.9. Development of different modules of the IM :- The IM operatives in pursuance of the conspiracy, gradually developed different modules and sleeper cells in various parts of the country such as in Delhi and at places like Darbhanga and adjoining districts in Bihar, Nanded, Mumbai, Pune etc. in Maharashtra, Bhatkal in Karnataka, Hyderabad in Andhra Pradesh and others, 17.10. Role of Md. Ahmed Siddibappa Zarrar in recruitment of new cadres for the IM :- That the investigation has revealed that the accused Md Ahmed Siddibappa Zarrar was instrumental in making efforts to motivate young Muslim boys on the path of jehad in order to further indoctrinate them and gradually induct them into the IM, while staying in his hometown of Bhatkal. He contacted several students of Anjuman Engineering College, Bhatkal including Fasih Mehmood r/o Barh Samaila, Darbhanga, Bihar and Md Tarique Anjum Hassan r/o, Nalanda, Bihar and motivated them for Jehad. He also travelled to Page leaf aBarh Samaila village in Darbhanga, Bihar along with Fasin Mehmood. Later on in pursuance of the said conspiracy, around 2008, the accused Md. Ahmed Siddibappa Zarrar adopted different alias names viz. ‘Shahrukh’, ‘Asif’ and ‘Yasin’ etc. to conceal his actual identity and associated with the IM operatives many of whom were originally residents of Azamgarh, Uttar Pradesh. Md. Ahmed Siddibappa Zarrar was earlier a member of the SIMI, also a banned outfit under the ‘Schedule of the UA (P) Act and nurtured communal views. 17.11. Involvement_of Senior IM_operatives Md. Ahmed Siddibappa, Riyaz Bhatkal, Iqbal Bhatkal, Asadullah Akhtar, Ariz t ji ee established during investigation by State Police Agencies :- Investigation in the German Bakery, Pune Blast Case of February 2010 by the ATS, Maharashtra has established that Yasin Bhatkal @ Md. Ahmed Siddibappa Zarrar had played an active role in causing the bomb blast which resulted the loss of several lives and the destruction of property. Further, during investigation by the City Crime Branch, Bengaluru, the role of Yasin Bhatkal @ Md. Ahmed Siddibappa also surfaced along with the accused Aftab Alan @ Faroog (A-2) in the Chinnaswami Stadium, Bengaluru Blasts Case of 174.2010. The role of the said accused was corroborated in commission of the aforesaid terrorist act during investigation by the NIA. Therefore investigation established that Yasin Bhatkal @ Md Ahmed Siddibappa Zarrar @ Imran @ Asif @ Shahrukh along with Aftab Alam @ Farooq (A-2), being the members of Indian Mujahideen, have conspired to cause bomb blast and thereby indulged in waging war against the Government of India. Further, during investigation by the Special Cell, Delhi Police, the role of Yasin Bhatkal @ Md. Ahmed Page 15 oF aSiddibappa along with Riyaz Bhatkal and Iqbal Bhatkal became evident in the Delhi Serial Blasts of 13.9.2008. Further, during investigation of the Serial Blasts of Jaipur in 2008 by the ATS, Rajasthan the role of accused persons namely Ariz Khan @ Junaid, son of Zafre Alam, resident of Kot Area, District- Azamgarh, Uttar Pradesh, Md. Sajid @ Bada Sajid, son of Late Quraishan, resident of Village/PO Sanjarpur, PS Saraimeer, Tehsil Nizamabad, District- Azamgarh, Uttar Pradesh, Md. Khalid, son of Late Sageer Ahmed, resident of Village/PO Sanjarpur, PS Saraimeer, Tehsil- Nizamabad, District- Azamgarh, Uttar Pradesh, Mirza Shadab Beg. son of Mirza Ahttesham Beg, resident of Raja ka Kila, District- Azamgarh, Uttar Pradesh, who are also FIR named accused persons in the instant case and who are absconding, has surfaced. In the Serial Blasts of Ahmedabad in 2008, during investigation by the Crime Branch, Ahmedabad Police the role of Yasin Bhatkal along with Riyaz Bhatkal and Iqbal Bhatkal surfaced. Therefore it is established that IM operatives including but not limited to Yasin Bhatkal along with Riyaz Bhatkal and Iqbal Bhatkal, being the members of Indian Mujahideen, have conspired to cause bomb blasts and thereby indulged in waging war against the Government of India. 17.12. Development of new hideouts in Delhi in 2008-2009 by Md. Ahmed Siddibappa Zarrar @ Yasin Bhatkal :- That investigation has further revealed that the accused Md. Ahmed Siddibappa Zarrar @ Yasin Bhatkal was looking for a safe hideout after the encounter and arrest of the IM operatives by the Special Cell of the Delhi Police on 19.9.2008. Md. Ahmed Siddibappa Zarrar @ Yasin Bhatkal was trying to escape the clutches of the law in the wake of exposure of identities of the operatives of the IM after the Batla house encounter Page 16 oF a2and contacted his old associate and IM operative Md. Tarique Anjum Hassan, known to him since the days when he was a student at the ‘Anjuman Engineering College, Bhatkal, in order to find a safe hideout and took his assistance. Tarique was then working in Gurgaon, after having worked in Dubai, where he had been in touch with Gauhar Aziz Khomeini rio Barh Samaila, PS Keoti, Darbhanga, Bihar. Gauhar Aziz Khomeini, who had been introduced earlier to Yasin Bhatkal by Fasih Mehmood during his visit to Darbhanga in 2003. Yasin Bhatkal's contact with Gauhar Aziz Khomeini was again re-established due to his contacts with Tarique and it led to the establishment of a new hideout in Shaheen Bagh, New Delhi. Md. Ahmed Siddibappa Zarrar @ Yasin Bhatkal regularly met the other co-conspirators including Md. Iqbal @ labal Bhatkal and others at the hideout in Shaheen Bagh, as identified from the photographs by the witnesses, during investigation by the NIA. 47.43. Acti ies at Delhi Hideout at Shaheen Bagh in 20 = At the hideout in Shaheen Bagh, New Delhi, the accused Yasin Bhatkal also associated Irshad Khan, Gauhar Aziz Khomeini and Md Qatee! Siddiqui (deceased) indulged in the various activities of the banned outfit. Md. Qateel Siddiqui (deceased), who hailed from the same village of Gauhar Aziz Khomeini i.e. Barh Samaila was instrumental in arranging hideouts for the accused Yasin Bhatkal in Darbhanga, Samastipur and Madhubani in Bihar. Md. Qatee! Siddiqui (deceased) was recruited by Md. Ahmed Siddibappa Zarrar @ Yasin Bhatkal who had adopted the new alias name of ‘Imran’. The deceased Qateel Siddiqui made efforts / attempted to commit terrorist act in Delhi by indiscriminate firing on citizens using firearms, however he was injured due to maifunction of the arms and was treated from Page 17 of athe same at the hideout in Shaheen Bagh, as confirmed by the person who provided first aid and treatment. 47.14. Development of new Hideouts in Darbhanga, Bihar during 2008-2011:- Investigation revealed that IM operative Md Ahmed Siddibappa Zarrar visited Darbhanga along with Qateel Siddiqui (deceased IM operative) to find new hideouts and to examine the possibility of new recruits for the banned terrorist outfit. Investigation revealed that a hide-out was taken on rent from one Md. Kadir at Jamalchak locality in Darbhanga by IM operatives Md Ahmed Siddibappa Zarrar and Kafeel Ahmed. At Sara Mohanpur, Darbhanga another hideout was taken on rent, where Md. Ahmed Siddibappa stayed along with the accused Aftab Alam (A-2), Asadullah Akhtar and Ariz Khan in 2010-11. Further, another hide-out was taken fon rent from one Naukhej Alam at Dharampura locality in Samastipur by deceased IM operative Qateel Siddiqui, r/o Barh Samaila, Darbhanga and Md. Adil, hailing from Pakistan. Another separate hide-out was taken on rent from one Naseer at Bhawwara Chowk, locality in Madhubani by IM operatives Md. Adil. Regular meetings were organised at these hideouts to formulate the plan and to do preparatory works to achieve the objectives of the conspiracy i.e. to cause terrorist activities, and were attended by IM operatives, 17.15, Efforts for the development of new hideouts at Kolkata Further, the accused Md. Ahmed Siddibappa Zarrar also visited Kolkata in 2009 along with Qateel Sidiqqui and stayed at the residence of one Humayun for the furtherance of the activities of the IM, During his stay at Kolkata, he tried to build his network there and was arrested on suspicion in a case of theft by the Kolkata Police. During arrest he revealed his assumed identity as Md, Arshad s/o. Md Page 1s of aAshraf, which has been found to be non-existent, thus proving that the accused is used to assuming new identities to conceal his actual identity. 17.16. Arrest of the accused Md. Danish Ansari (A-13) from Darbhanga, Bihar on 21.1.2013 :- That during the investigation it was revealed that one Mohd. Danish Ansari (A-1) resident of Vill Chakjora, PS- Lehariasarai, Dist. - Darbhanga was recruited and indoctrinated by Yasin Bhatkal with the assistance of Tahseen Akhtar @ Monu and Kafeel Akhter. After being inducted and indoctrinated with IM, Md. Danish Ansari (A-1) had regularly visited the hide-out of the IM located at Sara Mohanpur, Darbhanga and had stopped visiting the Dar-ul-Qitab-Sunna library, for the fear of arrest, after the arrest of several other cadres of the IM by the Special Cell, Delhi Police in Delhi Special Cell Case No. 54/2011. Further, it was also revealed that he had worked closely with Yasin Bhatkal, who was introduced to him as Imran by his friend and IM operative Tahseen Akhtar @ Monu. He had also met several other IM operatives at the said hide-out of IM at Sara Mohanpur. Accordingly, on the strength of Non-Ballable Warrant of Arrest dated 17.01.2013, issued by the Ld. Spl. NIA court, New Delhi, the said associate of Yasin Bhatkal, namely Mohd. Danish Ansari (A-1), Slo Mohd. Zafir Ansari, resident of Village- Chakjora, PS Lehariasarai, Dist. Darbhanga, Bihar, was arrested by NIA on 21.01.2013, 47.47. Indoctri jon_and role of the accused Md. Danish Ansari (A-1) : Investigation further revealed that during 2010, he used to visit Dar-ulQitab-Sunna Library near Al-Hira Public School, Darbhanga to read religious books. The Librarian of the said library, Page 19 oF aone Kafeel Akhtar (Chota Kafeel) and absconding accused Tahseen @ Monu aroused his religious feelings and provoked for anti-national activities and indoctrinated him in the IM module. After his (A-1) induction to IM module, Tahseen @ Monu introduced him to Yasin Bhatkal with the deceptive identity as Imran, Then Tahseen and Imran started radicalising him for the Jehadi ideology by citing the incidents of various atrocities on the Muslims viz. Babri Masjid demolition, Gujarat riots etc. Tahseen Akhter @ Monu used to stay in a rented room near Millat College in Darbhanga, and Yasin Bhatkal @ Imran used to stay in another rented house at village Sara Mohanpur, Darbhanga. Both Tahseen @ Monu and Imran became closely associated with Md. Danish Ansari and started frequenting his house for hatching a conspiracy. He met with other IM operatives namely Daniyal @ Asadullah Akhtar @ Haddi, (FIR named accused in the instant case) and Wagas @ Mota Bhai @ Ariz Khan @ Junaid (FIR named accused in the instant case) at Sara Mohanpur hideout. In pursuance of the said conspiracy, accused Md, Danish Ansari (A-1) ‘was given fictitious name as Abdullah (A-1) by Imran for hiding his real identity. He actively participated in Darsh organized by IM operatives with the aim of induction of potential recruits for the outfit in the month of January, 2011 at Mohalla Shivdhara, Darbhanga where several IM operatives including Imran, Tahseen, Kafeel Akhter were present. 17.48. Location of Arms Manufacturing Factory of the IM in New Delhi :- In pursuance of the said conspiracy, accused Md Danish Ansari during April, 2011, left Darbhanga on the direction of Imran and reached Delhi to join him there. He was then taken to one factory whose premises were being used by the IM for manufacturing parts of small arms located at Mir Vihar area, New Delhi and introduced to Page 200" a2Irshad Khan, being the owner of the said factory. At Mir Vihar factory of New Delhi, Md. Danish Ansari (A-1) stayed for 25 days and was personally involved in the illegal activities like manufacturing the parts of arms. Md. Danish Ansari (A-1) was also introduced to Asadullah @ Dilkash @ Hamza who, along with him, stayed in the said factory. Md. Danish Ansari (A-1), was given the fictitious name as Abdul Wahab by Imran during the period of his stay at Delhi 17.19. Location of the Hide-out of the IM in Darbhanga, Bihar = That Md, Danish Ansari (A-1) during his examination in police custody, was further taken to Darbhanga to test the veracity of his disclosure. At Darbhanga, he led NIA team to the hide out of Imran at ‘Sara Mohanpur and identified the house of (ER. ner he used to visit and was associated with IM operatives like Imran, Aftab Alam (A-2), Tahseen Akhtar, Asadullah Akhtar, Ariz Khan and others. Since, Imran @ Yasin Bhatkal is a proclaimed offender in a number of police cases of different states, the photograph of Imran @ Yasin Bhatkal was obtained from the open sources and shown to the members of the locality at Sara Mohanpur, who had confirmed the presence of Imran who used to stay in the said hide out i.e. the house of Sahjahan Khatoon Wlo Md. Zamaluddin located at Sara Mohanpur, Dist. Darbhanga. The photograph of Md Ahmed Siddibappa Zarrar as obtained from the Tahsildar, Bhatkal from the election documents (Voter ID Card Photograph), was further identified to be the same as Imran @ Yasin Bhatkal. Therefore, Md. Danish Ansari (A-1), Yasin Bhatkal @ Imran @ Ahmed Siddibappa @ Sharukh, Aftab Alam @ Farooq (A-2), Tehseen Akhtar @ Monu, Asadullah Akhtar, Ariz Khan @ Wagas and others, being members of Indian Mujahideen, had concealed themselves in remote hide out of ‘Sara Mohanpur, Darbhanga to further their unlawful activities and thus Page 21 ofcommitted the offence of conspiracy to wage war against the Government of India. 17.20. Location of Training Sites of the IM in Darbhanga, Bihar :- That Md. Danish Ansari (A-1), during the investigation, also pointed out the site located in Darbhanga, Bihar where he, along with other IM operatives, Wagas, Danial, Sheikh @ Farooq, Imran @ Yasin Bhatkal, Tahseen (A-6) @ Monu, had experimented the test blasting and practised firing with fire-arms. It was also revealed that Wakas (FIR named accused) who was an Electrician in the IM group of operatives, had displayed different techniques of making electrical circuits to make bombs. Md. Danish Ansari (A-1) had been trained in Pistol firing. One test /experiment of bomb blast was carried out near the fields of Sara Mohanpur, Darbhanga hide out. Thus, accused Danish Ansari (A-1), Wagas, Danial, Sheikh @ Farooq, Imran @ Yasin Bhatkal, Tahseen @ Monu, being the members of Indian Mujahideen, have committed the offence of the establishing of a terrorist camp for imparting training to their cadre members in furtherance to their conspiracy to wage war against the Government of India, 17.21. Location of Dar-ul-Gitab-Sunna Library in Darbhanga, That further, the accused Md, Danish Ansari (A-1), also led the team of NIA to the Dar-ul-Qitab-Sunna Library, located near Al- Hira School and identified the place where he first met the operatives of Indian Mujahideen namely Kafe! Akhtar and Tahseen Akhtar @ Monu. har, 17.22. Results of Call Data Record Analysis :- CDR analysis of Page 22 oFthe mobile number (INN), which was used by Md. Danish Ansari during April-May, 2011, clearly establishes that the location of his mobile was in Delhi, which further establishes the fact that Md Danish Ansari had visited Delhi and stayed in the Mir Vihar factory in Delhi, This corroborates the statement recorded u/s. 161 Cr PC and 164 Cr PC of the accused Md. Danish Ansari (A-5) about the activities of the banned terrorist organization, Indian Mujahideen in their hide out at Mir Vihar, Delhi. 17.23. Analysis_of Call Data relating to the accused Md. Danish Ansari reveals his contact with other IM operatives :- During investigation one mobile hand set with SIM card bearing connection number [EEN registered in the name of JD [HMI elder brother of the accused Md Danish Ansari was seized from the possession of the accused Md Danish Ansari. It was further revealed that he had used the mobile numbers J (registered in his mother's name) and (EEE to communicate with his associates in the IM during different periods of time. The analysis of other mobile numbers used by Md Danish Ansari indicated that he was in contact from mobile number [ENE with the runbers ES EES end EEE being used by IM operative Abdur Rehman and from the same mobile number was also in contact with other IM operatives namely Gayoor Jamali (GRR), Kofi Ahmed (RE) ond Dikash all arrested by Special Cell, Delhi Police in connection with FIR No. 54/11 of the PS Special Cell, New Delhi (the numbers of the different IM operatives are revealed from the charge-sheet submitted by the Delhi Police Special Cell in Case No. 54/11). Investigation further revealed that absconding accused Tahseen Akhtar (IE) was also in contact with the accused Danish Ansari (A-1) on mobile Page 23 of a2number (. The number IJ used by accused Tehseen Akhtar was found to be registered in the fake identity of one Pradip Yadav. 17.24. Analysis of Call Data relating to the accused Md. Danish Ansari reveals his stay in Delhi and contact with other IM ‘gperatives :- Analysis of mobile number INN revealed that it was registered in the name of NNN, mother of Md. Danish Ansari and was activated on 12/11/2010. The CDR of the number from the period 01-01-2011 to 30-05-2011 revealed that the accused Danish Ansari (A-1) had used the mobile set with IMEI no. ERE i the period from 24/03/11 to 30/05/11. The period is important since he was keeping this hand set while staying at the Mir Vihar factory in Delhi, During the period the tower location of mobile phone number indicates that he left Darbhanga on 13.04.2011 and reached Delhi on 14.04.11. After reaching Delhi his tower location was Mir Vihar, Nangloi up to 10.05.2011. His location was in Darbhanga on 11.05.11. Further, analysis revealed that during his stay at Mir Vihar factory and after his return to Darbhanga from Delhi, he made several contacts with the absconder accused Tahseen Akhtar on mobile number MM. The use of mobile connection I by absconder accused Tahseen Akhtar has also been substantiated in the Charge sheet of Mumbai ATS in Crime no. 28/2011, 29/2011 and 30/2011 in Mumbai serial blasts case on 13.07.2011. Through, this mobile phone he was also in touch with Gayoor Jamali (mobile number [ED and Kafil Ahmed (mobile number INNNINNINIII). During analysis it was revealed that common IMEI number (EE was used in SIM connection number GEE 2:0 I which strengthens the point that the Page 24 of a2accused Md Danish Ansari was handling both SIM connections. The handset having IMEI number SN was used by the accused Md Danish Ansari in the period from 24/03/11 to 30/05/11 17.25. Role _of the accused Aftab Alam _@ Farooq(A-2):- Investigation revealed that one Farooq Shaikh @ Md. Aftab Alam @ Sheikhchilli @ Hafij ji (A-2), S/o Md. Ayub Resident of Sakin Balwa, Adhang Jalagarh, District-Purnea, Bihar, was also residing in the same building along with other inmates of the hide out like Imran, Danial and Wagas. Further. investigation also revealed that the accused Faroog on being motivated by the accused Md Ahmed Siddibappa Zarrar @ Imran @ Yasin Bhatkal who himself was involved in carrying out terrorist attacks for the IM, had knowingly left his native place and studies to actively engage himself in the activities of the banned outfit, IM to wage war against the Government of India. In pursuance of the conspiracy Farooq stayed together at a hideout located in Sara Mohanpur, Darbhanga with the accused Yasin Bhatkal, and actively assisted him in maintaining the hideout. Further, the accused Md. Danish Ansari (A-1) in his statement recorded under Section 164 Cr PC revealed that the said hideout was used to motivate and induct new cadres like him and others to join the banned outfit, i.e. IM and also while staying at the said hideout the accused Aftab Alam @ Farooq also assisted in the organizing of terrorist camps along with other accused persons Danial and Wakas. Therefore, accused Aftab ‘Alam @Faroog (A-2) has committed the offence of the harbouring the terrorist camp/hide out at Sara Mohanpur and assisted Yasin Bhatkal in recruiting Danish Ansari (A-1) in the larger conspiracy in order to strike terror attacks in the country. Page 25 of17.26. Arrest of the accused Aftab Alam @ Faroog(A-2):- That the role of the accused Farooq Shaikh @ Aftab Alam @ Sheikhehilli @ Hafij, Slo Md. Ayub Resident of Sakin Bala, Adhang Jalagarh, District - Purnea, Bihar, clearly emerged in the conspiracy and was shown arrested in the instant case from judicial custody as he was lodged in the judicial custody in connection with Delhi Special Case FIR 54/11 17.27. Role of Md. Aftab Alam @ Farooq(A-2) in commission of terrorist acts by the IM:- That investigation further revealed that the accused Farooq Shaikh @ Aftab Alam @ Sheikh chilli @ Haff (A- 2) was also involved in heinous crimes including the Blasts at Chinnaswami Stadium Bengaluru on 17.4.2010, in which several persons were injured and property was extensively damaged. Charge- ‘Sheet has been submitted by the Bangalore Police which brought the allegation against the accused Farooq and established his culpability in the said case. Investigation conducted by the NIA in places like Tumkur in Karnataka has also corroborated his culpability, being member of IM in said case. Further, the accused was also arrested and charge-sheeted by the Special Cell, Delhi Police in FIR No. 54/2011, Thus, accused Md. Aftab Alam @ Farooq (A-2) has committed the offence of being a member of banned terrorist organization viz. Indian Mujahideen and involved in the larger conspiracy of the said banned terrorist organization to wage war against the Government of India. 17.28. Analysis of Call Data relating to the accused Aftab Alam @ Faroog (A-2) reveals his contact with other IM operatives - During the arrest of accused Aftab Alam @ Farooq two mobile numbers IE ond MINI were recovered from his Page 26 0F 2possession by the Special Cell, Delhi Police. During examination by Delhi Police, he stated that in addition to aforesaid numbers, he had also used mobile number [EEE which was registered in the name of Keli Dev Ganesh Sharma r/o 20 vill Hajari Pasi Len PO Mirjanhet, Distt Bhagalpur, to communicate with his associates in IM The analysis of call data records by the NIA in respect of mobile connection in the period from 07-01-2011 to 07-12-2011 revealed that through the said number the accused Faroog (A-2) was in contact with IM operative Gayoor Jamali (EE). The number used by Gayoor Jamali has been mentioned in the Charge sheet of Special Cell, Delhi Police FIR No. 54/11. The phone number used by accused Farooq was also found to be in contact with the absconding IM operative Tahseen Akhtar (GENE) on several occasions. 17.29. Arrest of Imran Khan (A-3) and Syed Maqboo! (A-4) on 28.2.2013:- Investigation further revealed that another important part of the larger conspiracy was hatched by the accused persons Riyaz Bhatkal and Iqbal Bhatkal. They conspired to form another module of Indian Mujahideen in Hyderabad and in pursuance of the conspiracy, they inducted Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @ Raj (A-3) and Syed Maqbool @ Zuber (A-4) S/o Syed Haji, to further the activities of the said proscribed organization i.e. IM. Investigation also revealed that in pursuance of the said conspiracy, the said Imran Khan and Syed Maqbool had carried out reconnaissance at different places in Hyderabad under the direction of the accused Riyaz Bhatkal and Iqbal Bhatkal to select targets for effecting serial bomb blasts in Hyderabad. The said Imran Khan and Syed Maqbool, who were in Judicial Custody in connection with the Special Cell PS, New Delhi case No. 16/2012, were shown arrested by NIA in the instant case on Page 27 of28.2.2013, 47.30. Disclosure by Imran Khan and Syed Magbool : During investigation it was disclosed that Imran Khan and Syed Maqbool had carried out reconnaissance of different places in Hyderabad acting upon the instruction of Riyaz Bhatkal. In pursuance of the conspiracy, Imran Khan @ Zakaria travelled from Nanded to Hyderabad and contacted Syed Maqbool @ Zuber during the approximate period of May-June, 2012 for assistance. A meeting of the accused persons took place at Hotel Sohail, Hyderabad, which was also attended by \cluding Obaid ur Rehman (A-5), Abrar, Adnan and some other friends of Maqbool. Further, during his stay at Hyderabad, Imran Khan @ Zakaria along with Syed Maqbool @ Zuber with the assistance of Obaid ur Rehman (A-5) carried out reconnaissance of other persons Begum Bazar, Dilsukh Nagar, Lal Danwaza and Raniganj in furtherance of the conspiracy. 47.31. Reconnaissance of Hyderabad by the accused Imran Khan and Syed Maqboo! :- investigation further revealed that Syed Maqbool had hosted a party in the Sohail Hotel of Hyderabad in the month of May/June, 2012 attended by Imran Khan, Obaid Ur Rehman(A-5), Imtiaz Sami @ Saleem, Ilias, Abrar, Sarmad Naser, Chota Ezaz, Azmat and Adnan Ahmed @ Omer of Saidabad (Hyderabad), attended the said party. The next day Obaid Ur Rehman (A-5) arranged one motor cycle for Imran Khan @ Zakaria and Syed ‘Maqbool for the purpose of carrying out the reconnaissance of various places in Hyderabad. After carrying out the reconnaissance of the places in Hyderabad as mentioned, Imran Khan @ Zakaria left Hyderabad. 17.32. Pointing out of places selected during reconnaissance Page 28 oFin Hyderabad by the accused persons ;- During the investigation the above accused persons led the NIA team in Hyderabad for the purpose of pointing the various places which were selected during reconnaissance as potential targets such as TV Tower, Dilsukh Nagar, Begum Bazar and Raniganj area etc. for effecting the terrorist acts in pursuance of the conspiracy hatched by them under the direction of senior operative of IM i.e, Riyaz Bhatkal. Thus, accused Imran Khan (A-3) and Syed Maqbool (A-4), being the members of banned terrorist organization, Indian Mujahideen, have committed the offence of criminal conspiracy along with other IM operatives like Riyaz Bhatkal and Iqbal Bhatkal with a view to strike terror in the targeted areas. 17.33. Role of the accused Imran Khan (A-3) in commission of terrorist act at Pune :- Investigation revealed that the accused Imran Khan @ Zakaria not only inducted the young recruits for the said banned outfit in furtherance of the conspiracy, but also actively participated in the planning and execution like carrying out serial blasts in Pune city in August 2012. It was further revealed that the accused Imran Khan has been charge-sheeted by the ATS, Maharashtra after investigation of the Pune Blast Case of 1.8.2012. Further, investigation was also conducted at the hide-out at Kasarvadi, Pune where the accused Imran Khan had met the IM operatives Shakir @ Danial @ Asadullah Akhtar and Ahmed @ Waqas @ Ariz Khan @ Junaid, who actively planned and executed the Pune bomb blast on 01.08.12 as established during investigation by the ATS, Maharashtra. Thus, accused Imran Khan @ Zakaria, being the member of banned terrorist organization, Indian Mujahideen, has committed the offence of recruiting young persons to further the activities of the said banned organization and also involved in the conspiracy for causing the terrorist acts with intent to terrorize the Page 29 of‘common citizens of the India and to cause loss of human lives and properties. 17.34. Role_of Imran Khan(A-3), Syed Maqbool (A-4) and Obaid-ur-Rehman_(A-5) _in_recruitment_of new cadres _- Investigation revealed that the accused Syed Maqbool (A-4) used to arrange meetings on the pretext of discussion of religious issues affecting the Muslim community in India and abroad. During these meetings, the persons attending were motivated to attack members of other communities. Some members were further indoctrinated to join the out. 17.35. Analysis of Call Data relating to the accused Imran Khan (A-3) reveals his contact with other IM operatives :- During the examination of accused Imran Khan @ Zakaria, he revealed that he had used mobile numbers Sa WR © communicate with the IM operatives during different periods. The analysis of the mobile number J! indicates that through this mobile number he was in contact with Maqbool (A-4), who used mobile number [IINNINNN Accused Imran Khan from same mobile number was in contact with Maqbool on I and communicated with each other on several occasions. He was also in contact with Magbool on mobile number MR ar communicated with each other. Again, analysis of mobile number EEE indicates that accused Imran Khan (A-3) through this mobile number was in contatc with the accused Obaid ur Rahman (AS) who used mobile number [INNIS and communicated with each other. Accused Imran through this mobile phone was also in contact with accused Maqbool on mobile number Page 300f a2(ER 24 communicated with each other. 17.36. Analysis of Call Data relating to the accused Imran Khan (A-15) reveals his travel to Hyderabad :- The analysis of call data record with the tower location in terms of mobile number (RE belonging to the accused Imran Khan (A-3) indicates that the user was in Hyderabad during period from 9” to 11" May 2012. During the period, accused Imran had madelreceived many calls to/from Maqbool from his mobile number EN. On 11" May, 2012 the tower location indicates that he left from Hyderabad The analysis of the Call data record with tower location in respect of aforesaid number indicates that the acoused Imran Khan was in Hyderabad from 9" to 11" May 2012, which in tum establish the fact that in pursusance of the conspiracy he had travelled to Hyderabad to carry out the reconnaissance of prominent places and also attended the party of Maqbool at Sohail hotel on the occasion of birth of his daughter. 17.37. Analysis of Call Data relating to the accused Syed Maqboo! (A-4) roveals his contact with other IM operatives Investigation revealed that accused Syed Magbool had used mobile eS EES 0 cor wnicate with other IM operatives. The analysis of aforesaid numbers indicates that accused Maqbool, through mobile number [EEN had made contact with Obaid-ur Rehman (A-5) on his mobile number (RB. Through the same mobile number he made contact with Obaid-ur Rehman (A-5) in another mobile number SEE on several times. Again, accused Magbool had used mobile number (ER and mace contacts with the accused Imran Khan on Page a1 ofamobile number ENN on several times. Again, accused Magboo! used the mobile number IEEE to communicate with Obaid ur Rehman(A-5) in mobile number I = and communicated with each other on several times. From same mobile number he had made contact with one another mobile number i.e (HR Used by Obaid-ur-Rehman on several times. He had also used this number to communicate with the acoused Imran Khan on his mobile number [EEE and communicated with each other on various occasions. Analysis revealed that Syed Maqboo! through his mobile number [EN had communicated with Imran on 10.05.13 on his reliance Maharashtra number (EEE on several occasions. The accused Imran Khan (A-3) had visited Hyderabad with his Reliance mobile connection NEE as established from the call details 17.38. The role of one Obaid ur Rehman (A-5) as a prime associate of the accused persons strongly emerged during the investigation at Hyderabad. The accused Obaid ur Rehman (A-5) was arrested by the Bangalore Police and was lodged in judicial custody in Bangalore Central Prison. Obaid ur Rehman (A-5) was arrested in the instant case on 5.3.2013. 17.39. Travel to Nanded by the accused Obaid ur Rehman (A- 5) It was revealed that the accused Obaid ur Rehman (A-5) had travelled to Nanded to meet the co-conspirators which is further confirmed during investigation at Nanded, One Abdul Mujeeb @ Mujju @ Gabbu 1/0. Nanded was also contacted by the accused Syed Maqbool(A-4), Imran Khan(A-3), Obaid ur Rehman (A-5) and other IM operatives including Asad Khan for getting recruited for activities of the Page 32 of a2said banned outfit, 17.40. _ Investigation has revealed that a hideout was taken on rent in Hyderabad, where the accused Imran Khan (A-3) and IM operative Asad Khan had stayed in pursuance of the conspiracy. Further, he assisted the accused persons Imran Khan (A-3) and Syed Maqbool (A-4) in conducting the reconnaissance for terrorist incident at Hyderabad 17.41. Conspiracy for further terrorist attacks:- During course of investigation, several other facts emerged, which inter alia included the plan to attack Buddhist sites, in retaliation to the alleged atrocities committed against Rohingya muslims in Myanmar. The plan was being made to carry out fidayeen strikes at Buddhist sites. 17.42. Analysis of Call Data relating to the accused Obaid ur Rehman (A-5) reveals his contact with other IM operatives :- Investigation further revealed that Obaid-ur-Rehman (A-5) had used mobile numbers Ts tc communicate with his associates of IM. The mobile number WE 2s registered in his name i.e Obaid ur Rahman S Hamaid t/o 18-1-350/11/b, Chadrayangutta, Hyderabad. He had used different handsets with IMEI numbers to communicate with his associates. These were Jy eS period from 03.01.12 to 28.01.13. Again, in respect of mobile number ee —— ee ET 10 the perio trom 12.02.12 to 10.12.12. Again, in respect of mobile number Page 33 of a2ee —— ee between period 13.03.12 to 31.12.12. The usage of different handsets by the accused Obaid-ur- Rehman (A-5) establishes his nefarious designs with a view to avoid tracking by law enforcement agencies and for safely executing the conspiracy of the IM. Further analysis revealed that the accused Obaid-ur Rehman through his mobile number ENE had been in contact with accused Maqbool on his mobile numbers (EE end EE. Again, accused ‘Obaid Ur Rehman through mobile number EEE was in contact with the accused Magbool on mobile numbers [III anc (ER and communicated with each other. Through this mobile number accused Obaid Ur Rehman was also in contact with accused Imran on mobile number [EEE and communicated with each other. 17.43. Communication between Riyaz Bhatkal, lgbal Bhatkal and the conspirators in Hyderabad and Maharashtra - During investigation the activities of the accused Imran Khan (A-3) in Hyderabad and Pune were confirmed. The Call Detail Records (CDRs) of the accsued persons Imran Khan (A-3) and Syed Maqboo! (A-4) also shows their presence at Hyderabad during the relevant period and establishes communication with other IM operatives. The e-mail/chat forums through which they were communicating with each other, also establish that the accused persons Imran Khan (A-3) and Obaid-ur-Rehman (A-5)_ were in contact with Riyaz Bhatkal and Iqbal Bhatkal Page 34 0f a217.44, That, one mobile phone was recovered from the possession of accused Md Danish Ansari (A-1) at the time of his arrest from Darbhanga, which was subsequently sent to CFSL, Chandigarh and expert opinion in terms of seized exhibit was obtained, which corroborated the afore discussed findings and strengthen his culpability in instant case. Further, during investigation the recovered emails from the possession of accused Imran Khan and (Obaid-ur-Rehman packed in sealed state in sterile DVD were sent to CFSL, Chandigarh for scientific analysis, the result of which is awaited. 17.45. That the aforementioned facts and circumstances prima facie establish that the accused persons namely Md. Danish Ansari @ Abdul Waheb @ Saleem @ Abdullah (A-1), Mohd Aftab Alam @ Farooq @ Shaikhchilli @ Hafij Ji (A-2), Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @ Raj @ Patel (A-3), Syed Maqbool @ Zuber (A-4) and Obaid Ur Rehman (A-5), arrested and under judicial custody in the instant case, being members of proscribed organization “indian Mujahideen", hatched conspiracy for commission of terrorist act and attempted to commit terrorist act, abetted, incited and knowingly facilitated, in collusion with top operatives of IM outfit who are absconding, with intent to threaten the unity, integrity, security and sovereignty of India and with intent to strike terror among the citizens of India, for effecting the death of and injuries to persons, loss of, damage to and destruction of property. For the furtherance of the conspiracy they recruited and caused to be recruited new cadres for commission of terrorist act and organized terrorist camps / caused to be organized such camps for imparting training in terrorism to the new recruits. To facilitate the objective of the conspiracy. the arrested accused not only knowingly or voluntarily harbored and concealed the Page 35 ofIM operatives being fully aware that such person(s) is/are terrorist(s), but also associated themselves to further the activities of the said banned outfit by inviting and giving support to execute the activity of the said terrorist outfit. 17.46. That from the investigation of the case and the aforementioned discussion, it is established that Md. Danish Ansari @ Abdul Waheb @ Saleem @ Abdullah (A-1) s/o Md Zafeer Ansari fo Chakjora, Leharia Sarai, Darbhanga, Bihar, as a member of terrorist organization “Indian Mujahideen” entered into a conspiracy along with the other co-conspirators for commission of terrorist act against Government of India, with the intent to threaten the unity, integrity, security and sovereignty of India and with intent to strike terror in the people in India, by causing death of and injuries to Persons, loss of, damage to and destruction of property. Being member of terrorist outfit, he had voluntarily and actively participated in preparatory acts like experimenting test blast at Sara Mohanpur village at Darbhanga by associating himself with other top operatives of IM being fully aware that they were wanted accused and involved in several terrorist activities in India. For the furtherance of conspiracy with intent to strengthen the outfit, he travelled to Delhi and played his part in setting up the Arms factory at Mir Vihar in Delhi in collusion with wanted and arrested member of the outfit. He was constantly in touch with top operatives of IM including Yasin Bhatkal and Tahseen Akhtar knowing that they are wanted accused by the several State Police for their involvements in heinous crimes like bomb blasts. He not only maintained contact with various members of the banned outfit but also facilitated them in various illegal activities which were not limited to arranging “Darz" programme at Darbhanga to explore the potential Page 360F a2recruit for the outfit, participating in meeting at the Sara Mohanpur hideouts towards the fulfillment of the objectives of the conspiracy and other activities in contravention of the law. Thus, he has committed offences under sections 18, 20, 38(2) & 39(2) of UA (P) Act 1967 as amended in act 35 of 2008. 17.47. That from the investigation of the case and the aforementioned discussion, it is clearly established that Mohd Aftab Alam @ Farooq @ Shaikhchilli @ Hafij Ji (A-2) s/o Md Ayub lo Vill Sakin Balwa, P.O.- Adhang, Jalalgarh, Dist- Purnea (Bihar), being 2 member of terrorist organization “Indian Mujahideen” entered into a conspiracy along with the other co-conspirators for commission of terrorist act against Government of India, with the intent to threaten the unity, integrity, security and sovereignty of India and with intent to strike terror in the people in India, by causing death of and injuries to persons, loss of, damage to and destruction of property. He associated himself with the terrorist organization and as a member of terrorist outfit, he had voluntarily and actively participated in preparatory acts for the purpose of commission of terrorist activit himself with other top operatives of IM being fully aware that they were wanted accused and involved in several terrorist acts in India. Towards s by involving fulfillment of the objective of conspiracy, he not only associated himself with the IM cadres who executed the terrorist acts at Chinnaswamy stadium, Bangalore, but also actively participated in commission of the offence. For the furtherance of the conspiracy he knowingly and voluntarily provided shelter and concealed the top operatives of IM at Darbhanga being fully aware that they were involved in several terrorist activities in India. He, with specific assigned work entrusted by Yasin Bhatkal, the top operative of IM, had travelled to various places Page 37 ofincluding Delhi, Bangalore with intent to knowingly assist the activities of IM. He not only maintained contacts with various members of the banned outfit but also facilitated them in various illegal activities which were not limited to arranging “Dar2” programme at Darbhanga to explore the potential recruits for the outfit, participation in meeting at the Sara Mohanpur hideouts towards the fulfillment of conspiracy and other such activities which are proscribed by the law. Thus, he has committed offences under sections 18, 19, 20, 38(2) & 39(2) of UA(P) Act 1967 as amended in act 35 of 2008. 17.48. That from the investigation of the case and the aforementioned discussion, it is established that Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @ Raj @ Patel (A-3) s/o Wajid Khan r/o Peer Burhan Nagar, Near Masjid Saleheen, Bhagya Nagar, Nanded, Maharashtra, being a member of terrorist organization “Indian Mujahideen” entered into a conspiracy along with the other co-conspirators for commission of terrorist act against Government of India, with the intent to threaten the unity, integrity, security and sovereignty of India and with intent to strike terror in India, by causing death of and injuries to persons, loss of, damage to and destruction of property. He had voluntarily and actively participated in preparatory acts for commission of terrorist activities which includes reconnaissance of potential targets for terrorist acts in Hyderabad city along with Syed Maqbool @ Zuber and other IM operatives. He has knowingly contacted Syed Maqbool @ Zuber at Hyderabad and held meeting with other associates. He not only inducted the young recruits for the said banned outfit in furtherance of the conspiracy, but also actively supported and participated in the planning and execution of the heinous acts like carrying out serial blasts in Pune city in August Page a8 of a22012. Thus, he has committed offences under sections 18, 18B, 20, 38(2) & 39(2) of UA(P) Act 1967 as amended in act 35 of 2008. 17.49. That from the investigation of the case and the aforementioned discussion, it is established that Syed Maqbool @ Zuber (A-4) s/o Syed Hazi r/o Sanatan Nager, Near Madina Masjid, Dharmabad, Nanded, Maharashtra as a member of terrorist organization “Indian Mujahideen” entered into a conspiracy along with the other co-conspirators for commission of terrorist act against Government of India, with the intent to threaten the unity, integrity, security and sovereignty of India and with intent to strike terror in India, by causing death of and injuries to persons, loss of, damage to and destruction of property. He not only knowingly associated himself with the terrorist organization as a member of terrorist outfit but also organized meeting / camps for the commission of terrorist acts. He had voluntarily and actively participated in preparatory terrorist acts for the commission of terrorist activities which includes reconnaissance of various spots to select as potential targets for executing terrorist act under the instruction of senior operatives of IM. Towards fulfilment of the objective of the conspiracy, he not only associated himself with the IM cadres who planned and executed several terrorist activities including the various bomb blasts in various parts of the country but also provided support to IM operatives with intention to achieve the objective of conspiracy. For the furtherance of the conspiracy he knowingly and voluntarily conspired with top IM operatives and under their direction with intent to strengthen the manpower he travelled at various places and recruited the new members for the outfit, He not only maintained contacts with various members of the banned outfit but also facilitated them in various illegal activities which were not Page 39 oFlimited to arranging logistics for execution of terrorist acts, participating in meeting with other IM activities towards the fulfilment of conspiracy and other activities which is in contravention of law. Thus, he has committed offences under sections 18, 18(A), 18(B), 20, 38(2) & 39(2) of UA (P) Act 1967 as amended in act 35 of 2008. 17.50. That from the investigation of the case and the aforementioned discussion, it is clearly established that Obaid-ur- Rehman (A-5) s/o Late Md Hamaid r/o 18/1/11/8 Gulshan Iqbal Colony Chandrayan Gutta, Hyderabad, AP, being a member of terrorist organization “Indian Mujahideen" entered into a conspiracy along with the other co-conspirators for commission of terrorist act against Government of India, with the intent to threaten the unity, integrity, security and sovereignty of India and with intent to strike terror in India, by causing death of and injuries to persons, loss of, damage to and destruction of property. He associated himself with the terrorist organization and as a member of terrorist outfit, and had voluntarily and actively participated in preparatory acts for the commission of terrorist acts which includes providing logistics for reconnaissance of various spots to select as potential targets for executing terrorist act under the instruction of senior operatives of IM Towards fulfilment of the objective of the conspiracy, he not only associated himself with the people having criminal credentials who ‘were involved in several criminal cases but also extended the support to IM operatives by providing them shelter with intention to achieve the objective of conspiracy. He not only maintained contacts with various members of the banned outfit but also facilitated them in various illegal activities which were not limited to arranging logistics for executing of terrorist activities, travelled to various places to meet Page soar azsenior functionaries to get instruction and participated in meeting with other IM activists towards the fulfilment of conspiracy and other activities which is barred by law. Thus, he has committed offences under sections 18, 18(B), 19, 20, 38(2) & 39(2) of UA (P) Act 1967 as amended in act 35 of 2008. 17.51. The sanction for prosecution in respect of the aforementioned accused persons namely, (1) Md. Danish Ansari @ Abdul Waheb @ Saleem @ Abdullah, (2) Mohd Aftab Alam @ Farooq @ Shaikhchilli @ Hafij Ji, (3) Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @ Raj @ Patel, (4) Syed Maqbool @ Zuber and (5) Obaid Ur Rehman, under Section 45(1) of Unlavul Activities (Prevention) Act, 1967 has been obtained from the competent authority vide Order No. | - 11011/47/2012-IS-V dated 17.07.2013 and enclosed herewith. It is submitted that the accused persons namely, (1) Md. Danish Ansari @ Abdul Waheb @ Saleem @ Abdullah, (2) Mohd Aftab Alam @ Farooq @ Shaikhchilli @ Hafij Ji, (8) Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @ Raj @ Patel, (4) Syed Maqbool @ Zuber and (5) Obaid Ur Rehman, who have been referred to as “A-1", “A-2", “A-3", “A-d” & “A-S" respectively 13", "A-14", “AAS, “AE” & "AT" herein above are referred to as * respectively in the sanction for prosecution vide Order No. | - 11011/47/2012-IS-IV dated 17.07.2013. 17.52. It is, therefore, prayed that cognizance of these offences punishable under the aforesaid Sections of Law, as mentioned hereinabove vide paras 17.46 to 17.50 against accused persons namely (1) Md. Danish Ansari @ Abdul Waheb @ Saleem @ Abdullah, (2) Mohd Aftab Alam @ Farooq @ Shaikhchilli @ Hafij Page at of aJi, (3) Imran Khan @ Zakaria @ Saleem @ Fazal @ Tabrez @ Raj @ Patel, (4) Syed Maqboo! @ Zuber and (5) Obaid Ur Rehman, may be taken and process be issued against the accused persons to face the trial in the court of Law in accordance with the provisions of Law. Dispatched on 17.7.2013 No. of enclosures :6 List of enclosures a, Annexure A (List of witnesses) b. Annexure B & B-1 (List of documents and 164 Cr PC statements) cc. Annexure C (List of Material Evidence) 4d. Annexure D (List of Expert Opinions) e. Original Prosecution Sanction Order ‘Signature of the investigating Officer submitting the Final ReportiCharge sheet Name: Vikas Vaibhav, IPS Superintendent of Police Page a2 of