A Delhi courtroom acquitted 5 individuals accused of getting connections with terror group Lashkar-e-Taiba whereas observing that mere restoration of the cell phones and sim playing cards used to converse with a Pakistani quantity isn’t ample to show conspiracy of terror plot.
Additional Sessions Judge Dharmendra Rana acquitted Mohd Shahid, Mohd Rashid, Ashabuddin, Abdul Subhan and Arshad Khan, who have been charged beneath Section 120 B of the Indian Penal Code and a number of other sections of the Unlawful Activities (Prevention) Act, on Monday.
The courtroom acquitted the accused by stating, “Mere recovery of the mobile phones and sim cards used to converse amongst each other or converse with a Pakistani number is not sufficient to prove the existence of any conspiracy.”
Subhan and Ashabuddin have been beforehand arrested in 2001 by the CBI for allegedly carrying a consignment of explosives and weapons in Gujrat. Subhan walked out of jail in 2010 and communal riots which broke out in Rajasthan the next 12 months “kindled his passion for jihad”, the prosecution had alleged.
According to the prosecution, Subhan made a plan to kidnap a businessman to boost cash for jihad. The accused have been allegedly additionally in contact with a Pakistan-based terrorist, Javed Balluchi.
However, the courtroom agreed with the arguments made by the defence counsel that “there is nothing on record to establish that the Pakistani number belongs to the dreaded terrorist Javed Balluchi”.
The courtroom additionally noticed that the investigating company didn’t appear to be certain about his actual title because it emerged from the information that the prosecution referred to Javed Balluchi as Javed Wadaich and Javed Chaudhary additionally.
“I have no hesitation in observing that the investigating agency has made no efforts to establish the identity of obscured entity known by the name of Javed Balluchi and it is not even clear as to if some person by the name of Javed Balluchi actually exists in Pakistan or some mischievous person was acting under the fake identity,” the courtroom stated.
At greatest, the decision information, the courtroom stated, solely show that there was some dialog between Indian residents on the one finish and an individual utilizing a Pakistani cell quantity on the opposite finish. However, that by itself isn’t ample to presume that accused Balluchi truly existed or that the accused individuals conversing with him have been concerned in any conspiracy to commit any terrorist act or kidnap any wealthy businessman.