Professor’s hand chopping case: Eight years rigorous imprisonment to 10 men

T J JosephTen persons belonging to radial outfits were today sentenced to eight years rigorous imprisonment by a special NIA court for chopping off a hand of  a professor in Kerala in 2010, accusing him of hurting religious sentiments through a question paper he had set.NIA court judge P Sasidharan also awarded two years rigorous imprisonment to three others in the sensational case and imposed a fine of Rs eight lakh on the 13 convicts which will be given to the victim, T J Joseph, professor of Newman College in Thodupuzha in Idukki district.

Those awarded 10-year rigorous imprisonment were found guilty under various sections of Unlawful Activities (Prevention) Act (UAPA), along with different sections of the IPC and Explosive Substances Act. The rest three were convicted for offences under IPC.

Since many of the convicts have been under judicial custody for five years, they will have to serve only the remainder of the period in jail.

The court, which began trial in July 2013, examined over 300 prosecution witnesses, four defence witnesses, over 950 prosecution documents, nearly 30 defence documents, and over 200 material objects.

Thirty-seven persons were chargesheeted by NIA in the case. However, only 31 underwent trial as the remaining six, including first accused Savad, were absconding.

The 13 persons owing allegiance Popular Front of India were convicted in the case in which the right hand of Joseph was chopped while he was returning home after attending Sunday mass at a church in Muvattupuzha in Ernakulam district on July 4, 2010.

The court in its judgement had said the prosecution has proved beyond all reasonable doubts that eight of the accused along with some others entered into a criminal conspiracy to eliminate the professor by inflicting grievous injuries.

They did it out of enmity towards Joseph,accusing him of hurting religious sentiments of a community through a question paper he set for his students

Professor’s hand chopping case

 

Tunda chargesheeted in 1994 explosives recovery case

letThe Delhi Police Tuesday filed a chargesheet in a court here against Lashkar-e-Toiba (LeT) bomb expert Abdul Karim Tunda in connection with a case pertaining to the 1994 recovery of explosive substances.

The chargesheet was filed before Additional Sessions Judge Bharat Parashar. The court has listed the matter for Wednesday.

According to court sources, Tunda has been named in the chargesheet under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Explosive Substances Act.

Police had earlier taken Tunda in its custody to quiz him in connection with the case. Tunda was declared a proclaimed offender in the case of recovery of explosive substances registered at south Delhi’s Malviya Nagar police station in 1994.

Police also said some accused were arrested Jan 17, 1994 and 150 kg explosives and six daggers were recovered from them.

According to police, Tunda is involved in 33 bomb blasts in India between 1994 and 1998, with 22 of those in Delhi.

The police arrested Tunda from the Banbasa area of Uttarakhand near the Indo-Nepal border on Aug 16, 2013. Tunda, however, has claimed the Delhi Police did not arrest him in India but picked him up in Nepal.

(Source: IANS)

CBI moves SC, seeks to certain charges against Abu Salem

Here in Delhi CBI has moved to Supreme Court of India seeking  its permission to drop certain charges against gangster Abu Salem under Tada and Explosive Substances Act in view of its commitment to Portuguese government at the time of his extradition that he shall not be awarded death penalty or detained in custody for more than 25 years if found guilty.

Appearing before a bench headed by Justice Aftab Alam, attorney general GE Vahanwati said the government is committed to its assurance given to the Portuguese court and government and sought the apex court’s permission to drop the additional charges framed against Salem by the trail court.

“The applicant (CBI) reiterates its commitment which was given to the Portugal government/court when Salem was extradited to India to the extent that he shall not be awarded death penalty and/or detained in custody for a period more than 25 years if found guilty,” the application filed by the agency said.

“As a matter of fact, charges framed by trial court have been termed as additional charges by the Portuguese courts because of which the Portuguese courts have come to the conclusion that there has been a violation of rule of speciality. More so, the technicality on which the appellant has raised various objections/litigations/representations in India as well as in Portugal …” according to the agency.

Magistrate orders Jundal’s production in Delhi court

A local court on Wednesday ordered that 26/11 handler Abu Jundal, in custody of Maharashtra police, be produced before Tees Hazari court in Delhi tomorrow in a case of conspiring to carry out terror attacks in India.

The order was passed by Additional Chief Metropolitan Magistrate PS Rathod on a plea made by National Investigation Agency (NIA) that they needed the custody of Syed Zabiuddin Ansari alias Jundal for interrogation in the case.

NIA had filed an FIR on June 8 against Jundal and his accomplice Fayyaz Kagzi for being part of terror organisation and conspiring to organise explosives for certain LeT and IM operatives to carry out terror attacks in Mumbai and Delhi.

Special Public prosecutor Rohini Salian filed two applications, one by ATS and the other by NIA seeking production of Jundal in the Delhi court.

The ATS pleaded that they had received three production warrants from Delhi court against Jundal. However, the Mumbai court rejected its plea saying these warrants are for Jundal’s production in Delhi on October 12 and hence there was sufficient time left.

But the court considered the application filed by NIA which contended that it would seek Jundal’s custody after he was produced before the Tees Hazari court. Accordingly, the Mumbai court directed that Jundal be produced in Delhi court tomorrow.

The prosecutor pleaded that Jundal may be taken to Delhi immediately as the authorities feared about his security in Arthur Road Central jail.

Meanwhile, a Nasik court, where Jundal was produced this morning, remanded him in judicial custody till October 17 in a case involving conspiracy to attack Maharashtra Police Academy. He was then brought to Mumbai and produced in a local court in the 26/11 terror attack case.

Jundal is booked by Maharashtra Police in the 2006 Aurangabad arms haul case, the 26/11 Mumbai mayhem and attack on Nashik Police Academy while he is yet to be arrested in the Pune German bakery blast case.

In the 26/11 case, Jundal is alleged to have been present in the control room in Pakistan from where directions were given to terrorists to carry out dare devil attacks in Mumbai.

He is also alleged to have taught Hindi to terrorists including Ajmal Kasab who has been sentenced to death by the trial court for his role in the Mumbai terror attacks.

In Delhi, Jundal is wanted in the Jama Masjid blast case. He has been booked for using a fake passport and fake currency. He is also charged with criminal conspiracy and other offences under provisions of Explosive Substances Act, Unlawful Activities Prevention Act, Passport Act and Arms Act.

NIA seeks stricter charges against Delhi blast accused

The Delhi High Court Tuesday issued notice to Wasim Akram Malik, an accused in the 2011 blast near the court’s gate, on a plea that the trial court charge him with conspiracy to wage war against the government.

Justice Sanjeev Khanna and Justice S.P. Garg sought a response by Oct 16 from Malik on the National Investigation Agency’s plea challenging the trial court’s Sep 4 order refusing to frame charges against him under penal provisions for waging war against the government.

Fifteen people were killed and 79 injured in the Sep 7, 2011 blast outside Gate No.5 of the high court complex.

NIA Special Judge H.S. Sharma had found sufficient evidence against Malik under penal provisions dealing with criminal conspiracy, murder and attempt to murder and various terror charges but not waging war against the government.

The NIA in its plea in high court said: “Direct the special court to frame charges under sections 121 (waging war against the government of India), 121-A (conspiracy to commit waging war against the government), 122 (collecting arms with intention of waging war against the government), 123 (concealing with intent to facilitate design to wage war) of Indian Penal Code and under sections 3 and 5 of the Explosive Substances Act, 1908.”

The trial court had dropped against Malik the charges dealing with waging war against the government and conspiracy and collecting arms to wage a war against the country.

The investigating agency said that the terrorist attack was prompted by an intention to strike at the sovereign authority of government.

“The evidence on record shows that the intention of the conspirators including the present respondent (Malik) was to organise terrorist attack on institutions which are symbols of the sovereignty and authority of the government of India,” the NIA said.

The agency added that the special court erroneously did not appreciate the fact that in the present case an institution like the Delhi High Court was a target.

“As a logical corollary, the collection of explosives for the aforesaid purpose and clandestinely fabricating and causing explosive of improvised explosive device would amount to the commission of offences under sections 122 and 123 of the IPC,” the plea said.

Meanwhile, the trial court which was supposed to pass Tuesday the order on the framing of charges against Malik, who is in judicial custody, fixed Sep 21 to pass the order.

Malik is the first accused against whom the charges would be framed. The NIA in March filed a charge sheet against six accused, including a minor.

Cops chargesheet LeT module, 3 others in terror case

The Delhi police has chargesheeted four persons including a suspected LeT operative for allegedly planning to execute blasts at major shopping centres here at the behest of their Pakistani handlers.

The charge sheet has also named seven Pakistani nationals and a Jammu and Kashmir native as suspects in the case.

The charge sheet filed by the Special Cell of the Delhi police in the court of Chief Metropolitan Magistrate Vidya Prakash has named alleged LeT militant Ahtisham Farooq Malick and three others – Shafaqat Ali Tuggu, Tawseef Ahmed Peer and one Saijee Anwar as accused.

While Ahtisham, Shafaqat and Tawseef are in judicial custody in the case, Saijee is out on bail.

Those named as suspects are Jammu and Kashmir resident Usman and seven Pakistani nationals Hanzala, Furkan, Mohsin, Waleed, Javed, Qari and Hamja. The court has already issued open non-bailable warrants against them.

The police said in its charge sheet that it had received on February 27 a secret information from a central intelligence agency about arrival of LeT militant Ahtisham in Delhi for executing terrorist strikes at various sites here.

It said Ahtisham was staying with Shafaqat at Tuglaqabad and both of them were apprehended and a bag, recovered from Ahtisham, was found containing explosive material.

In its charge sheet, the police added that Ahtisham was earlier arrested in Srinagar in 2007 for hurling hand grenade on an Army convoy and had gone to Jharkhand after his release and subsequently to Pakistan in 2009 for special training in handling fire arms.

The charge sheet said Ahtisham also disclosed that his mentor and LeT commander Hanzala, named as a suspect in the charge sheet, had given him the task to conduct blast at major shopping areas in Delhi and he motivated Shafaqat for the task and procured IED and explosives from old Delhi area.

He also named Tawseef, who was arrested from Jharkhand.

Police said it has also recovered from Ahtisham’s e-mail id incriminating messages written to Hanzala, a resident of Pakistan and also to an ISI officer.

Ahtisham, Shafaqat and Tawseef have been charge sheeted for waging war against India and for cheating, forgery, criminal conspiracy under Indian Penal Code and also under various provisions of Explosive Substances Act and the Unlawful Activities Prevention Act.

Accused Saijee, who had allegedly helped Ahtisham in procuring a mobile number on fake identity proof, has been charge sheeted only for cheating, forgery and criminal conspiracy.