NIA Court Discharges UAPA Accused In IISc Attack Case After 4 Years Jail

A Special NIA court in Bengaluru has discharged an accused Mohammed Habeeb arrested for his alleged role in connection with the December 2005 shooting case at the Indian Institute of Science (IISc) which led to the death of one person and injuries to some others. Special Judge Dr. Kasanappa Naik discharged the accused saying "The prosecution has not made out prima facie case against accused No.7 (Habeeb) to frame charge against him for the offence punishable under Sections 120-B, 121, 121-A, 122, 123, 307, 302 of the IPC, Sections 25, 27 of the Indian Arms Act, Sections 3, 4, 5 and 6 of the Explosive Substance Act and Sections 10, 13, 16, 17,18 and 20 of the Unlawful Activities (Prevention) Act, 1967."The judge said "he failed to understand why he was arraigned as an accused in the case" Habeeb was arrested in the year 2017, in Agartala of Tripura State, based on the statement given by co-accused Sabahuddin @ Sbahuddin Ahamad in the year 2008, who was arrested first by the Lucknow police. Advocate Mohammed Tahir appearing for the accused argued that the complainant police have not stated anything in the chargesheet about the accused and also not collected any evidence which show that the accused has any distinct knowledge of the incident or crime involved in this case at any point of time. Further, the accused No.1 (Sabahuddin @ Sbahuddin Ahamad) is said to have given his voluntary statement on 29.03.2008, which runs about 35 pages, wherein, he has narrated so many incidents and also stated that in the month of May, 2005, he went to Tripura, Agartala and met one Habeeb Miya(accused of this case) and befriended with him in order to seek his assistance to cross the national border illegally, and to visit Bangladesh without disclosing his true intention, he went with him and came back with him from Bangladesh and also narrated incident which took place in the month of February, 2006, when second time he crossed the border illegally to Bangladesh, and at that time, accompanied this accused as he was away on Jammath tour. Tahir also submitted that "The accused No.1 in his voluntary statement has revealed the name of many persons, who facilitated him in getting accommodation, helped him to get admission and other necessary help in the course of his stay in Bengaluru, and the Police have not made all such persons as accused nor cited them as witnesses though having all information." Moreover, after the arrest, the police recorded the statement of this accused on 22.03.2017 which has no legal sanctity. Tahir submitted "The Police though filed a lengthy charge-sheet, but not produced even a single piece of evidence against this accused to prove the charges against him. The accused is languishing in jail without committing any crime nor having any knowledge of the crime and his involvement." Prosecution opposed the plea Special Public Prosecutor argued that "Accused No.1 met this accused No.7 in a Masjid at Agartala, Tripura State and got acquainted with him and that accused No.1 alleged to have stated that he is engaged in Jihadi activities and that the terrorist organizations in Pakistan have trained him to commit terrorist and disruptive activities in Bengaluru and that he had to prepare recce, after meeting a person at Dakha of Bangladesh, who is belonging to terrorist organization of Pakistan and after taking financial assistance from him and therefore, requested accused No.7 to assist him to cross the border illegally into Bangladesh from India and accordingly, the accused No.7, who was also having Jihadi mindset, determined to assist accused No.1 to commit terrorist activities in Bengaluru in the name of Jihad." Further, it was said "The accused No.7 took accused No.1 to Cumilla City of Bangladesh by crossing border illegally and thereafter, sent to Dhaka. Accused No.1 met the terrorists belonging to Pakistan based terrorist organizations and again, he came back to Cumilla and met accused No.7. Again accused No.7 helped accused No.1 to cross the border into India illegally and helped him to come to Agartala of Tripura State. The accused No.1, by crossing the border of India and entering into Bangladesh met many persons of LeT organizations of Pakistan. It is stated that accused No.1 after coming back from Bangladesh along with accused No.2 barged into the compound of Indian Institute of Science of Bengaluru and assisted accused No.1. Thereafter, accused No.1 and 2 have escaped from Bengaluru after committing the terrorist acts. The accused No.7 though having knowledge about involvement of accused No.1 and 2 in Bengaluru incident, has assisted them to escape in 2006 to go to Bangladesh from India." Finally, it was contended "The investigation officer has filed a charge-sheet after collecting necessary materials. There is sufficient and reliable evidence collected against accused No.7 and there are no grounds to...

NIA Court Discharges UAPA Accused In IISc Attack Case After 4 Years Jail

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