STATE TIMES NEWS
JAMMU: In much publicised Ban Toll Plaza terrorist attack case, wherein 3 Pak-based terrorists of JeM outfit were gunned down by security forces during an encounter on January 31, 2020, the Special Judge NIA Sunit Gupta framed charges against Suheel Javid @ Suheel Lone, son of Javid Maqbool Lone, resident of Wagar, Khan Sahib, District Budgam.According to charge-sheet of National Investigating Agency, ASI Rajinder Singh from Police Station Nagrota was deployed on Naka duty at Ban Toll Plaza on January 31, 2020 and at 5.30 hours, a truck bearing registration number JK03F 1478, which was on its way from Jammu towards Srinagar, was stopped for Naka checking. At the same time, some unknown terrorists who were boarded in aforesaid Truck, started firing on checking party, due to which Ct Boom Raj No. 1250/J got injured. This kind of brief information was supplied by ASI Rajinder Singh telephonically to SHO Police Station Nagrota and on basis of aforesaid information, FIR No 0045/2020 for offences under sections 307/120-B/121/122/123 of IPC, sections 7/25/26/27 of Arms Act and sections 16/18 of UA (P) Act was registered at Police Station Nagrota. Subsequently, the case was assigned to NIA by the Ministry of Home Affairs, Govt. of India and the case was re-registered by National Investigating Agency, branch office Jammu as RC-02/ 2020/NIA/JMU dated February 10, 2020 for same offences under which FIR No 45/2020 was registered with Police Station Nagrota.During investigation, it emerged that the Child in Conflict with Law (CCL) namely Suheel Javid was part of a deep rooted conspiracy hatched by Pakistan-based terrorist commanders, active terrorists and terror associates of the proscribed terrorist organisation 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 and thereby waging a war against Union of India. It was further emerged in the investigation that CCL Suheel Javid is highly motivated and radicalized terror associate of JeM who intentionally and voluntarily involved himself in commission of the offences of heinous nature by hatching a deep rooted criminal conspiracy with terrorist handlers sitting across the border with an intention to wage a war against Union of India. Suheel Javid was pursuing coaching from Ambala, Haryana and had started establishing contact with Pakistan-based handlers of JeM through social media platforms. He was instructed to constantly monitor the crossing/receiving of freshly infiltrated Pakistani terrorists across International border during intervening night of December 22-23, 2019. At that time, the mobile internet facility was not available in UT of J&K due to security issues, as such, CCL Suheel Javid was playing a pivotal role in facilitating infiltration of Pakistani terrorists by maintaining communication between Pakistani handlers through social media platforms and by telephonic contact with main accused Sameer Ahmed Dar, driver of truck and receiver of freshly infiltrated Pakistani terrorists. Since CCL Suheel Javid was putting up in Ambala where mobile Internet facility was available, as such he while taking benefit of the Internet facility to get information from Pakistani handlers on social media and disseminate the same to accused Sameer Ahmed Dar through phone calls. In the intervening night of December 22-23, 2019 accused Sameer Ahmed Dar and his associate Asif Ahmed Malik received three Pakistani terrorists from Samba, whom they had to further transport to Kashmir valley in truck. In the aforesaid infiltration, CCL Suheel Javid had played a very active and important role and he became a mediator between Pakistan handlers and Sameer Ahmed Dar for passing information as well as necessary directions at every stage of activity of carrying three Pakistani terrorists from Samba to Valley. Investigation has further revealed that during second infiltration of three Pakistani terrorists who were received by accused persons Sameer Ahmed Dar, Asif Ahmed Malik and Sartaz Ahmed Mantoo in wee hours of January 31, 2020, the Internet connectivity was restored as such, assistance of juvenile Suheel Javid was not taken by accused persons. The group of three Pakistani terrorists along with accused persons Sameer Ahmed Dar, Asif Ahmed Malik and Sartaz Ahmed Mantoo were intercepted at Ban Toll Plaza, Nagrota and in the encounter with the security forces, three Pakistani terrorists were killed, whereas accused Sameer Ahmed Dar, Asif Ahmed Malik and Sartaz Ahmed Mantoo were arrested. During interrogation by the Investigating agency the role of juvenile Suheel Javid and others in the first successful infiltration, transportation and placement surfaced and it is how juvenile Suheel Javid was taken into custody by Investigating agency.During investigation, mobile phones of all accused persons were seized and call data records were obtained from concerned companies. From the said CDRs, the location of juvenile Suheel Javid with effect from 23rd December, 2019 to 28th December, 2019 was found to be in Ambala. It was also found that the juvenile Suheel Javid was in continuous communication with accused persons Sameer Ahmed Dar and Asif Ahmed Malik with effect from December 23, 2019 till December 28, 2019, the day when three Pakistani terrorists safely arrived at Karimabad in South Kashmir. The mobile phone, make Xiaomi, belonging to Suheel Javid which was recovered from his possession was also sent to CERT-In, New Delhi for forensic examination. The scrutiny of forensic analysis report of aforesaid mobile phone revealed that many applications of social media were installed in the mobile phone. Images recovered from mobile phone of juvenile Suheel Javid suggested that he participated in conspiracy to wage war against the Govt of India. Some voice notes were also found from his mobile phone proving that juvenile Suheel Javid was in regular touch with Pakistani terrorist handlers and was getting regular instructions from Pakistani handlers and further passing these instructions to accused persons Sameer Ahmed Dar and Asif Ahmed Malik.Special Judge NIA Jammu Sunit Gupta, after hearing Special PP B S Manhas for the NIA whereas Adv Yogesh Bakshi for accused, observed that it is not necessary that each and every conspirator must be aware about every minute details of conspiracy hatched between them. It is enough if every conspirator knows and plays his individual role in the whole conspiracy. Similarly in the instant case, 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 accused persons, and he had played his role in a very active manner by passing on the information from Pak Handlers to accused. Supreme Court in ‘Feerozuddin’ Case has observed that the unlawful agreement which amounts to a conspiracy need not be formal or express, but may be inherent in and inferred from the circumstances, especially declarations, acts, and conduct of the conspirators. 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 and as such, charges for the offences under sections 120-B read with sections 121, 121-A, 122 IPC and sections 18 & 39 of UA(P) Act are made out against CCL (Juvenile) Suheel Javid.
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