New Delhi, March 19: The NIA court after going through a video states that the accused Er. Rashid, a former Jammu and Kashmir MLA tried to incite disaffection towards the Government of India (GoI) and against the armed forces.
He is seen issuing subtle but ominous messages to the police personnel of Jammu and Kashmir asking them not to obey the orders of their officers as accepting those orders would amount to committing atrocities on their own brothers. Then there are veiled threats.
NIA court while ordering framing of charges also noted that Er Rashid also tried to incite a feeling of disaffection amongst police personnel of Jammu and Kashmir against the Indian Army which directly is a challenge to the government of India as by Law established. There are witnesses who have spoken about the connection of this person with stone pelters which reflects how his words are taken and how he executes what is stated in his speech.
It is also to be considered that these are words spoken by a person who was a member of the legislative assembly having a considerable following. This statement in no manner can be said to be discussed as he is not in a discussion and the moment there are threats issued to the police personnel, with the innuendo that Indian armed forces are occupational forces and that there shall be consequences of supporting the Indian army, the accused has crossed the line from advocacy and chartered into the territory of incitement, the court noted.
NIA special Judge Praveen Singh while ordered for framing of charges against Rashid Engineer said, I find that this evidence is prima facie sufficient to raise a grave suspicion against accused Rashid for the commission of offence u/s 124A IPC.
In the Jammu and Kashmir terror funding case, the National Investigation Agency (NIA) Court after discussion of evidence said that it prima facie establishes that accused Shabir Shah, Yasin Malik, Er. Rashid, Altaf Fantoosh, Masrat and Hurriyat/JRL were the direct recipients of terror funds.
Accused Peer Saifullah had funded, for Hurriyat, stone-pelting an activity already prima facie found to be covered within the definition of a terrorist act.
NIA special Judge Praveen Singh while passing an order on framing of charges said, money for terror funding was sent from and by Pakistan and its agencies and even the diplomatic mission was used to fulfil the evil design. Money for terror funding was also sent by proclaimed international terrorists and accused Hafiz Saeed.
The NIA court further said that accused Zahoor Ahmad Shah Watali was one of the main conduits for the flow of this terror funding and accused Naval Kishore Kapoor had played an active part in facilitating it.
The court also noted that prima facie there existed a criminal conspiracy pursuant to which large-scale protests, resulting in violence and arson at a massive scale, were orchestrated. The court According to the NIA charge sheet, JKLF chief Yasin Malik had set up an elaborate structure and mechanism across the world to raise funds for carrying out terrorist and other unlawful activities in Jammu and Kashmir in the name of “freedom struggle”.
The NIA court has ordered framing of charges against Lashkar-e-Taiba (LeT) founder Hafiz Saeed and Hizbul Mujahideen chief Syed Salahuddin, Kashmiri separatist leaders including Yasin Malik, Shabbir Shah, Masarat Alam and others under various sections of Unlawful Activities Prevention Act (UAPA) in a case pertaining to terrorist and secessionist activities that disturbed Jammu and Kashmir.
The Court also ordered framing of charges against Kashmiri politician and former MLA Rashid Engineer, businessman Zahoor Ahmad Shah Watali, Bitta Karate, Aftab Ahmad Shah, Avatar Ahmad Shah, Naeem Khan, Bashir Ahmed Bhat, alias Peer Saifullah and several others under various sections of Indian Penal Code and UAPA including criminal conspiracy, waging war against the country, unlawful activities, etc.
However, the court also clarified that whatever has been expressed in the 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.
According to the NIA various terrorist organizations such as Lashkar-e-Taiba (LeT), Hizb-ul-Mujahideen (HM), Jammu and Kashmir Liberation Front (JKLF), Jaish-e-Mohammed (JeM) etc., with the support of ISI of Pakistan, perpetrated violence in the valley by attacking civilians and security forces.
It was further alleged that in the year 1993, the All Parties Hurriyat Conference (APHC) was formed to give a political front to secessionist activities.
The NIA charge sheet submitted that the Central Government received credible information that Hafiz Muhammad Saeed, Amir of Jammat-ud-Dawah and the secessionist and separatist leaders including the members of Hurriyat Conference have been acting in connivance with active militants of proscribed terrorist organizations like HM, LeT, etc. for raising, receiving and collecting funds domestically and abroad through various illegal channels including hawala.
The NIA also stated before the court that, this was done for funding separatist and terrorist activities in Jammu and Kashmir and as such, they have entered into a larger conspiracy for causing disruption in the valley by way of pelting stones on security forces, systematically burning of schools, damage to public property and waging war against India. (Agencies)
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