Excelsior Correspondent
JAMMU, Oct 16: Special Judge NIA Sunit Gupta has framed charges against Suheel Javid alias Suheel Lone, son of Javid Maqbool Lone of Budgam in the much publicized Ban Toll Plaza terrorist attack case.
According to the charge sheet of National Investigating Agency, on January 31, 2020 a truck bearing No JK03F 1478 which was on its way from Jammu towards Srinagar was stopped for naka checking and some unknown terrorists who were in the truck started firing on the checking party.
In the firing three Pakistan militants were gunned down and constable Boom Raj sustained injuries. Accordingly, case was registered for the offences under Sections 307/120-B/121/122/ 123 IPC and Sections 7/25/ 26/27 Arms Act and Sections 16/18 of UA (P) Act at Police Station Nagrota.
Subsequently, the case was assigned to NIA by the order issued by Ministry of Home Affairs and the case was re-registered for the same offences under which FIR No. 45/2020 was registered with Nagrota Police.
During the investigation, it was emerged that the child in conflict with law namely Suheel Javid was the part of a deep rooted conspiracy hatched by Pakistan based terrorist commanders, active terrorists and the terror associates of the proscribed terrorist organization Jaish-e-Mohammed (JeM). The conspiracy was to threaten unity, integrity and sovereignty of India by facilitating infiltration of Pakistani JeM terrorists and their further transportation to Kashmir valley so as to indulge in terror acts.
It was further emerged in the investigation that Suheel Javid was pursuing his coaching from Amballa Haryana and he had started establishing his contact with the Pakistan based handlers of JeM through social media platforms and was instructed to constantly monitor the crossing/receiving of the freshly infiltrated Pakistani terrorists across the International Border during the intervening night of 22nd/23rd December 2019.
At that time, the mobile internet facility was not available in UT of J&K due to security issues as such Suheel Javid was playing a pivotal role in facilitating the infiltration of Pakistani terrorists by maintaining communication between the Pakistani handlers through social media platform and by telephonically contacting with the main accused Sameer Ahmed Dar, the driver of the truck and the receiver of the freshly infiltrated Pakistani terrorists.
On the intervening night of 22nd and 23rd December 2019 the accused Sameer Ahmed Dar and his associate Asif Ahmed Malik received three Pakistani terrorists from Samba. In the infiltration Suheel Javid had played a very active and important role and he became the mediator between the Pakistan handlers and Sameer Ahmed Dar for passing information as well as the necessary directions at every stage of the activity of carrying three Pakistani terrorists from Samba up till the Kashmir valley.
Investigation has further revealed that during the second infiltration of three Pakistani terrorists who were received by the accused persons Sameer Ahmed Dar, Asif Ahmed Malik and Sartaz Ahmed Mantoo in wee hours of 31.01.2020 the internet connectivity had been restored as such the assistance of the juvenile Suheel Javid was not taken by the accused persons. This group of three Pakistani terrorists along with the accused persons Sameer Ahmed Dar, Asif Ahmed Malik and Sartaz Ahmed Mantoo were intercepted at Ban Toll Plaza, Nagrota Jammu and in the encounter with the security forces, three Pakistani terrorists were killed, whereas, the accused persons Sameer Ahmed Dar, Asif Ahmed Malik and Sartaz Ahmed Mantoo were arrested.
After hearing Special PP BS Manhas for the NIA whereas Advocate Yogesh Bakshi for the accused, Special Judge NIA Jammu observed, “it is not necessary that each and every conspirators must aware about every minute details of the conspiracy hatched between them”, adding “it is enough if every conspirator knows and plays his individual role in the whole conspiracy. Similarly in the instant case the Juvenile Suheel Javid was well aware about his role in the conspiracy of waging war against India by acting as mediator between Pak handlers and the accused persons Sameer Ahmed and Asif Ahmed Malik and he had played his role in a very active manner by passing the information from Pak Handlers and the accused persons”.
“Criminal conspiracy is a partnership in crime and that there is in each conspiracy a joint or mutual agency for the prosecution of a common plan. This joint responsibility extends not only to what is done by any of the conspirators pursuant to the original agreement but also to collateral acts incidental to and growing out of the original purpose”, the court said.
Accordingly, court framed charges for the offences under Sections l20-B read with Sections l2l,l2l-A, l22 IPC and Sections l8 &39 of UA(P) Act against Juvenile Suheel Javid.
Trending Now
E-Paper
Follow our WhatsApp channel