Established prima facie Shabir Shah, Yasin Malik, Er. Rashid, Altaf Fantoosh, Masrat, Hurriyat directly received terror funds: NIA Court

By Sushil Batra
New Delhi [India], March 19 : 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 fulfill 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 noted that prima facie they were not following the Gandhian path but their plan was straight from the playbook of likes of Hitler and the march of the brown shirts.
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 the State of 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-Toiba (LeT), Hizb-ul-Mujahideen (HM), Jammu and Kashmir Liberation Front (JKLF), Jaish-e- Mohd. (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.
On this information, the Ministry of Home Affairs directed the NIA to register a case.
Accordingly, the present case was registered by NIA for offences under sections 120B, 121, 121A of IPC and sections 13, 16, 17, 18, 20, 38, 39 and 40 of UAPA.
The NIA further added that during the investigation, it was also revealed that APHC and other secessionists instigate the general public, especially the youth to observe strikes and to resort to violence especially stone pelting on the security forces. This was done to create disaffection amongst the people of Jammu and Kashmir towards the Government of India.
The NIA also submitted that the investigation has revealed that the secessionists were mobilizing funds from all possible sources to fuel unrest and support the ongoing secessionist and terrorist activities in Jammu and Kashmir. The secessionists were getting funds from Pakistan, funds from Pakistan-based terrorist organizations, and from local donations.