A Delhi Court has absolved four Muslim men of charges under UAPA in an alleged terror funding case after National Investigation Agency failed to show clear evidence that the funds originated from terror groups or intended to be used for terrorism.
“Though there may be some suspicion raised as to what this special purpose was or what those different plans were, however, mere suspicion cannot substitute evidence and it is only the evidence that can be used to assign the meaning which the prosecution seeks to assign to these words,” Live Law quoted the Special NIA Judge Parveen Singh as saying.
The NIA had alleged that the four- Mohd. Salman, Mohd. Saleem, Arif Gulam Bashir Dharampuria and Mohd Hussain Molani were involved in creating a sleeper cell for a Pakistani group Falah-I-Insaniat Foundation (FIF), which is believed to be an offshoot of Lashkar e Taiba, but failed to back up the claim in the court.
It was alleged that they had hatched a conspiracy to create sleeper cells and logistic base in Delhi and Haryana under the garb of religious work like construction of the mosque, madrasa education and financial assistance for marriage of poor Muslim girls, etc.
The agency had booked them under section 120-B (criminal conspiracy) of IPC and under sections 17 (punishment for raising funds for the terrorist act), 20 (punishment for being a member of terrorist gang or organisation), and 21 (punishment for holding proceeds of terrorism) of Unlawful Activities (Prevention) Act (UAPA).
In the order, the judge said, “I find that although the activities of Salman were suspicious in nature and he along with other co-accused was engaged in illegal activities of Hawala transactions, however, the prosecution has failed to bring forth any evidence which would raise a grave suspicion that either the funds that were being sent from Dubai and were being received by him through other accused were terror funds/funds originated from the terrorist organization or that these funds were intended to be used for terror activities i.e.creation of sleeper cells/ sympathizers hideouts/ logistic support for the terrorists of LeT/ JuD and FIF.”
“The mere fact the accounts were being maintained or receipts/reports were being sent to accused Kamran by Salman cannot be of much consequence,” the court said.
Moreover, in the case of Dharampuria mere discovery of certain personal records of Kamran and his family, in the mailbox of Dharampuria, alone could not raise a grave suspicion of this accused being involved in any conspiracy as has been alleged by the prosecution.
“I accordingly find that the material placed before the court is not sufficient to raise grave suspicion of commission of offences punishable u/s 17, 20, and 21 of UAPA and u/s 120B IPC by accused persons,” the judge said.
NIA had alleged that Salman was in touch with Kamran, a Pakistani national based in Dubai who was in turn linked to Shahid Mahmood, an alleged functionary of FIF.
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Rushda Fathima Khan is the Staff Reporter for The Cognate.
