J&K: NIA Court Orders UAPA Charges Against Hafiz Saeed, Yasin Malik & Others In Terror Funding Case

The NIA court noted that money for terror funding was sent from and by Pakistan and its agencies and even the diplomatic mission. It was also sent by international terrorists and accused Hafiz Saeed. 

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New Delhi: The National Investigation Agency (NIA) court has ordered to frame 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 the terrorist and secessionist activities that disturbed Jammu and Kashmir, ANI reported.

The Court further 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.

NIA special Judge Praveen Singh, in an order passed on March 16, said, "the above analysis reflects that the statements of witnesses and documentary evidence have connected almost all the accused with each other and to a common object of secession, to the commonality of means they were to use, their close association to terrorist/terrorist organizations under the guiding hand and funding of Pakistani establishment".

While noting that none of the accused argued that individually they do not have a secessionist ideology or agenda or that they have not worked for secession or advocated for the secession of the erstwhile State of Jammu and Kashmir from the Government of India.

However, witnesses have deposed that All Parties Hurriyat Conference (APHC), its factions after division and JRL had only one object and that was the secession of Jammu and Kashmir from the Government of India. Court also clarified that whatever has been expressed in this 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.

The NIA court noted that money for terror funding was sent from and by Pakistan and its agencies and even the diplomatic mission. It was also sent by proclaimed international terrorists and accused Hafiz Saeed. 

According to NIA, this money is used 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 schools, damaging 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.

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.

It 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.