A Delhi Court on Friday ordered to frame charges against four alleged Hizb-ul-Mujahideen terrorists observing prima facie material against them for receiving funds from Pakistan to plot terrorist activities in Jammu and Kashmir.
The Court has ordered to frame charges against Mohd. Shafi Shah alias Doctor, Talib Lali, Muzzafar Ahmad Dar Mushtaq Ahmad Lone under various charges dealing with criminal conspiracy, waging war against the country, and under provisions of UAPA.
Special Judge Parveen Singh, in his order, observed that the terror outfit had formed a frontal organization Jammu Kashmir Affectees Relief Trust (JKART), which purpose was to fund terror activities. The trust and mainly to provide funds for the terrorists and their families.
“Being based in Pakistan, documentary evidence such as the audit report of the trust is hard to come by. However, the protected witnesses have clearly disclosed and have prima facie established by their statements that JKART is the frontal organization of HM. Thus, a larger conspiracy to wage war against Government of India, to commit terrorist activities and funding of those terrorist activities have been prima facie established by evidence,” the Court said.
NIA has registered a case on October 25, 2011 against Syed Salahuddin, Ameer (Hizb-ul-Mujahideen), Mehboob-ul-Haq, Masroor Dar, Masood Sarfaraz, Ameer (Hizb-e-Islami), and others. NIA has charge-sheeted them alleging Hizb-ul-Mujahideen (HM), one of the most active terrorist outfits in Jammu and Kashmir have been regularly receiving funds originating from neighboring countries for carrying out terrorist activities in India, and the proscribed terrorist organization is led by its commander Syed Salahuddin. It is further alleged that in the garb of one Jammu Kashmir Affectees Relief Trust (JKART), the said terrorist outfit is actively involved in furthering the terrorist activities in India and the banking channel was extensively used for the transfer of funds to various bank accounts for the terrorist activities.
The investigation has revealed that funds received from HM in Pakistan were distributed to the active terrorists and to the next kin of the killed terrorists in Jammu and Kashmir of the said outfit. Funds received by Hizb-ul-Mujahideen (HM) from across the border are transferred through the Hawala channel to Jammu and Kashmir, Delhi, and other places in India.
“Coming on the JKART, the fact that JKART is a frontal organization of HM is established prima facie by the testimonies of protected witnesses PWX3, PWX8, PWX11, and PWX14. The testimonies of these witnesses establish that HM had founded a trust in the name of Jammu and Kashmir Affectees Relief Trust. This trust raises funds for terrorist activities and is run by HM. It was founded in Pakistan in June 2001. Its founding members were Shamsher Khan, a Pakistani national of Peshawar, Gulam Mohd. Khan of Sumbal, Bandipora, Gulam Hasan Khan, Dr. Gulam Mohd. Raina and Mohd Safi. Gulam Hasan Khan was the first chairman of JKART and remained as Chairman from 2001 till September 2003 i.e. till his death,” the Court said.
The Court said that terror groups were providing funds to jailed, slain terrorists’ kin works as motivational reassurance to its prospective cadres.
“HM is a proscribed terrorist organization which has been waging war against Indian State for a very very long time. Sheltered, armed, trained, and funded in our neighborhood, it has left a long trail of blood and deaths in the State of Jammu and Kashmir. Every terrorist organization needs funds to continue its activities, to provide salary/ stipend/ incentives to its cadres, for procurement of arms and ammunition, and further, for taking care of incarcerated terrorists and the families of theterrorists who have been slain by the security forces,” the Court said.
“The last part though does not directly seem to be funding to the terrorist activities but is, in fact, an integral part of terrorist activities. I say so because it is human tendency to take care of one’s family and that tendency can become a de-motivating factor to some of the terrorists if they know, that after their capture or death, their family would be left in penury,” The Court said.
“However, if a terrorist organization continues to provide for the families of its members who have been killed or captured, it is a huge motivational reassurance to its prospective cadres and cadres in strength to continue to operate for that organization. Therefore, provision of funds to jailed cadres and their families and the families of slain terrorists is the funding of terrorist activities,” the Court said.