7/11 case charge sheet
Brief facts of the case:
The Chief Investigating Officer of Anti Terrorism Squad, Mumbai CR No 05/2006 submits report as contemplated under section 173 (2) of The Code of Criminal procedure as under:
Mumbai, the capital of Maharashtra, is also the financial capital of the country. About 3 million commuters travel each day Southwards in the morning and Northwards in the evening on the Western Railway suburban trains between the 60 kms railway tracks of Churchgate and Virar Stations during peak hours. The commuters mostly include executives, businessmen and persons in employment at various levels in Government as well as private establishments and students as well. No wonder, the Suburban trains, are aptly called essential services and life line of the Mumbai Metropolis.
This life however, came to a grinding halt on the evening of 11th July 2006 when seven high intensity, highly sophisticated explosive devices ripped through the first class gents? compartments of seven suburban trains, all headed towards the distant western/northern suburbs. Two of the blasts, at Mahim and Borivali, occurred while the trains were near the stations, while the remaining five took place in moving trains and away from platforms. The explosions were so powerful that they ripped through the double layered steel roof and sides of each of the seven compartments, throwing injured and dead passengers out of the compartments. At Mahim and Borivali stations, apart from the passengers in the compartment, the explosions even killed and injured passengers waiting on the platform and even those traveling by trains proceeding in the opposite direction. Roof of platform No 3 of Mahim station was also blown off by the explosion. Few passengers from the Borivali bound train that witnessed an explosion near Mahim station, jumped off the compartments on hearing the explosion, only to get killed under a local train proceeding in the opposite direction.
From the records, three blats simultaneously took place at 18.23 hrs near Mahim, Bandra and Mira Road stations, while the last took place at 18.28 hrs near Borivali station suggesting thereby that timer devices were used to cause the blasts simultaneously and at specific places, aimed at large scale devastation of life and property and wide spread panic and chaos with an intension to cripple the economy. The Public Transport was extensively damaged and disrupted with a view to overawe the Govt. As the entire western railway, suburban as well as main line, came to a grinding halt, the commuters poured on the western express highway, thereby disrupting the north as well as south bound vehicular traffic and causing hindrance to the rescue and relief operations. Till date 187 persons have lost their lives in the explosions while 817 others have suffered injuries of various gravities in the above blasts. Railway property worth Rs 85,61,039=00 has reportedly been damaged. One of the unclaimed dead has been identified as a Pakistani national involved in the planting of explosive laden bag in one of the compartments. Three of the injured are still hospitalized and unconscious.
The individual cases of bomb blasts were initially registered separately at the respective railway police stations as below:
Under the orders of the Director General of Police, Maharashtra State, Mumbai, on 12.07.2006, investigation of all the seven cases was taken over by the Anti Terrorism Squad, Mumbai. For the purpose of investigation, seven different teams were formed to investigate each of the seven cases and investigation continued accordingly. Upon a proposal being submitted by the Investigating Officer and based on his conclusions for application of the provisions of Maharashtra Control of Organised Crime Act, 1999, on 24.09.2006, the provisions of Maharashtra Control of Organised Crime Act were invoked under the orders of Dy Inspector General of Police and Addl. Commissioner of Police, Anti Terrorism Squad, Mumbai vide order No 1490/Addl. C.P./ATS/2006 dated 24.09.2006 to Borivali Railway Police Station CR No 156/2006 and the investigation was taken over by the undersigned. During the course of investigation in the said case and from the interrogation of the accused, it transpired that all the seven explosions were part of the same larger conspiracy due to which all the seven cases were clubbed together and assigned, Anti Terrorism Squad, Mumbai CR No 05/2006 and investigation was carried out under the supervision and control of the undersigned as Chief Investigating Officer.
The sequential character of explosions indicate a carefully planned attack calculated to terrorise the public in general, overawe by means of criminal force the Governments in the State as well as in the Centre and cause wide spread damage to life and railway property and thereby cripple the National and State economy. Accused persons, mentioned below, have so far been disclosed to be involved in the commission of this offence::
1. It has transpired during the course of investigation that wanted accused Azam Chima, @Babaji, a Pakistani national, arrested accused Mohd Faisal Ataur Rehman Shaikh (A-3), Asif Khan Bashir Khan @Junaid (A-13) and others, conspired sometime in the year 1999 and thereafter, both within and outside India, to do and cause to be done the below mentioned illegal acts:
a. To wage war against the Government of India;b. To collect men and explosives with the intention of waging war against the Government of India;c. To overawe by means of criminal force the Government of Maharashtra and Government of India;d. To terrorise the people in general and railway commuters in particular by indulging in wanton killings and destruction of property through bomb explosions in local trains, thereby disrupting Public Transport System in Mumbai, the economic capital of India;e.To create instability in the State of Maharashtra and in India by the aforesaid subversive activity;f. To shake and reduce the faith of the common citizen on it?s elected democratic government by large scale violence, destruction of lives and property and thereby destabilize the system of Government established by law;g. To organize the spread of secessionist and rebellious thoughts through covert and secret meetings with like minded Muslim youths;h. To exploit the communal sentiments of Muslims and to provoke them in the name of religion in order to resort to terrorist acts;i. To collect money from across the border and by sale of provocative SIMI literature in India for achieving the objective of the criminal conspiracy;j. To organize training camps in Pakistan in order to impart training to Indian Muslim youths in the handling and use of arms an explosives for causing the explosions;k. To establish training camp in India too and organize training in the handling of arms and explosives to like-minded Indian Muslim youths locally;l. To facilitate infiltration of Pakistani militants from across the Indian border along with explosives for causing the explosions; m. to store and conceal such explosives at such safe places along with the Pakistani wanted accused for achieving the objective of criminal conspiracy;n. To do and commit any other illegal acts as were necessary for achieving the aforesaid objective of criminal conspiracy;o. To continue unlawful activities of banned organization ie SIMI and Lashkar-e-Toiba with an intention to promote enmity between different groups on grounds of religion prejudicial to the maintenance of harmony, incite individual or group of individuals to cause disaffection against India or Government of India or encourage or aid persons to undertake any unlawful activity like bomb explosions or of which the members undertake such activities.p. To continue activities of organized crime syndicate, singly or jointly either as a member of a organized crime syndicate or on behalf of such syndicate, conspire, advocate, abet or knowingly facilitate the commission of an organized crime by use of violence or other unlawful means and promote insurgency by causing explosion in local trains in order to cause large scale loss to life and railway property.
2.That in pursuance of the aforesaid conspiracy, during one such meeting held in the month of May 2006 in the house of accused Mohd. Faisal Atur Rehman Shaikh (A-3) at Bandra (W), the plan to cause explosions in western railway local trains was finalized and the co-conspirators were assigned specific responsibilities. As a part of the conspiracy, wanted accused Azam Chima took the responsibility of sending RDX and Pakistan based terrorists, including those who would be experts to assemble the explosive devices. As a part of the conspiracy, accused Mohammed Majid Mohd Shafi (A-5) of Kolkatta and Kamal Ahmed Mohd Vakil Ansari (A-1) from Bihar were entrusted the responsibility of brining Pakistani terrorists into India through Indo-Bangladesh and Indo-Nepal borders respectively. It was also decided to assemble explosive device in the house of arrested accused Shaikh Mohammed Ali Alam Shaikh (A-6) in Govandi, Shivaji Nagar, Mumbai. Co-conspirator Asif Khan Bashir Khan (A-13) was entrusted with the responsibility of procuring Rexene bags, utensils, ammonium nitrate/nitrite; detonators etc. and make arrangements to send it over to the house of accused Shaikh Mohammed Ali Alam Shaikh (A-6) at Govandi, Shivaji Nagar, Mumbai. Arrested accused Sajid Margub Ansari (A-7) was entrusted with the responsibility of procuring timer electric circuitry and other relevant devices and keep it ready for the ?D? day.
3.That in pursuance of the aforesaid conspiracy and in order to achieve the object of conspiracy, in the month of May 2006, arrested accused Mohammed Majid Mohammed Shafi (A-5), an Indian national and residing in Kolkatta, made arrangement and ensured the infiltration of wanted accused and Pakistani nationals namely (1) Sabir, (2) Abu Bakr, (3) Kasam Ali, (4) Ammu Jaan, (5) Ehsanullah, (6) Abu Hasan into India through Bangladesh border. These accused persons traveled from Kolkatta to Mumbai by train. Similarly, in the month of May 2006, wanted accused namely (1) Salim, (2) Sohail Shaikh, (3) Abdul Razak and (4) Abu Umed illegally crossed over from Pakistan into India from Kutch border in Gujarat.
Accused persons namely (1) Salim and (2) Abu Umed (both dead) are Pakistani nationals while Abdul Razak is a resident of Hyderabad, Andhra Pradesh and Sohail Shaikh is a resident of Pune but now both are learnt to be settled in Pakistan. As a part of the same conspiracy, arrested accused Kamal Ahmed Vakil Ansari (A-1) made arrangements for all illegally escorted wanted accused Pakistani nationals (1) Aslam and (2) Hafizullah into India through Nepal border.
4.That in pursuance of the aforesaid conspiracy and in order to achieve the object of conspiracy, there is evidence on record to prove that wanted accused and Pakistani national Ehsanullah brought with him RDX that came to be used for causing explosions in Mumbai on 11.07.2006.
5.That in pursuance of the aforesaid conspiracy, the above-mentioned wanted accused illegally crossed over into India and came to Mumbai. The accused who crossed over from Bangladesh border were received by arrested accused Asif Khan Bashir Khan @ Junaid (A-13) and were housed and harbored in flat No. 304, Amrapali Apartments, Nayar Nagar, Mira Road, Thane. Similarly, wanted accused who crossed over into India from Kutch border, were provided safe house and harbored in Flat No 24, Lucky Villa building, Kant Wadi, Perry Cross Road, Bandra (W), Mumbai-400050 belonging to accused Mohd. Faisal Ataur Rehman Shaikh (A-3). The two wanted accused and Pakistani nationals, who illegally infiltrated into India through Nepal border and brought to Mumbai by arrested accused Kamal Ahmed Mohd Vakil Ansari, (A-1) were housed and harbored in flat No. 101, Saba Parveen Apartment, Pooja Nagar Road, Naya Nagar, Mira Road, Thane, belonging to accused Mohammed Sajid Margub Ansari (A-7). It has also come on record that as a part of the same conspiracy after the bomb blasts on 11.07.2006, accused Ethesham Kutubuddin Siddiqui (A-4), provide shelter and harboured wanted accused Pakistani nationals and co-conspirators by name (1) Ammu Jaan, (2) Sabir, (3) Abu Bakr, (4) Kasam Ali, (5) Ehsnullah and (6) Abu Hasan brought by Mohd. Majid Mohd Shafi (A-5), at 202, B Wing, 2nd floor, Moon Lit Apartment, Opp. Kalsekar College, Kausa, Mumbra, Thane. This is a house rented by arrested accused Abdul Wahid Din Mohammed Shaikh (A-8).
6. Investigation has disclosed that in pursuance of the aforesaid conspiracy, during the said period accused persons namely (1) Mohd. Faisal Ataur Rehman Shaikh (A-3), (2) DR Tanveer Ahmed Mohammed Ibrahim Ansari (A-2), (3) Suhail Mehmood Shaikh (A-10), (4) Zameer Ahmed Latifur Rehman Shaikh (A-11), (5) Muzzammil Ataur Rehman Shaikh (A-9) and (6) Ehtesham Kutubuddin Siddiqui traveled in western railway local trains between Mumbai and Virar in order to make a reconnaissance of the target. The conspirators decided to cause bomb blasts in the evening of a working day so as to cause maximum damage to the lives and property and also to strike against a symbolic institution of Government authority. The same was approved by the blast master-mind Azam Chima, top commander of Lashkar-e-Toiba and base don Bahawalpur, Pakistan. The act of causing bomb explosions was aimed at disturbing public peace and subverting the authority of Government established by law under the constitutional frame work of India. The above modus conforms to the professed ideology and agenda of Lashkar-e-Toiba. The Lashkar-e-Toiba has repeatedly claimed through its web sites that its main aim is to destroy the Indian Republic and annihilate Hinduism.
7.That in pursuance of the said conspiracy sometime in the month of April 2006, arrested accused (1) Ehtesham Kutubuddin Siddiqui (A-4), (2) Dr Tanveer Ahmed Mohd. Ibrahim Ansari (A-2), (3) Mohd. Faisal Ataur Rehman Shaikh (A-3) and (4) Naveed Hussain Khan Rashid Hussain Khan (A-12) went to the house of arrested accused Shaikh Mohammed Ali Alam Shaikh (A-6) and surveyed the surroundings.
8. That in pursuance of the said conspiracy and in order to achieve objectives of conspiracy, between 08.07.2006 and 10.07.2006 accused persons namely (1) Sajid Margub Ansari (A-7), (2) Sohail Shaikh, Pakistani national and one more unknown Pakistani national assembled seven explosive devices at Plot No.33, T. Line, Room No2, Shivaji Nagar, Govandi, Mumbai-43, house belonging to accused Shaikh Mohammed Ali Alam Shaikh (A-6) for planting into local trains. They were assisted, aided and abetted by various means by co-conspirators namely (1) Shaikh Mohammed Ali Alam Shaikh (A-6), (2) Dr Tanveer Ahmed Mohd. Ibrahim Ansari (A-2), (3) Ehtesham Kutubuddin Siddiqui (A-4), (4) Naveed Hussain Khan Rashid Hussain Khan (A-12), (5) Asif Khan Bashir Khan @ Junaid (A-13) and (6) Mohd. Faisal Ataur Rehman Shaikh (A-3).
9. Investigation has further disclosed that in pursuance of the conspiracy referred to above, wanted accused Azam Chima, a Pakistani national, and an office bearer of banned terrorist outfit Lashkar-e-Toiba, organized training camp in Pakistan for training of Indian Muslim youths in the handling and use of arms and explosives. For the said purpose, he sent money to India through various persons and means for funding travel of Indian Muslim youths, desirous of undergoing the said training, to Pakistan. During the course of and after the said training, Azam Chima include the trained youths to avenge the alleged. ?Committed on Muslims in India by causing wide spread insurgent and terrorist activities by exploding/bombing financial nerve centers and causing mass damage to life and property thereby crippling the economy of the nation.
10. Between 1999 and 17.07.2006 wanted accused Azam Chima, through wanted accused Mohammed Rizwan Dawrey and Rahil Ataur Rehman Shaikh, sent money through various means to India to accused Mohd. Faisal Ataur Rehman Shaikh (A-3) for publishing jehadi literature, promoting anti-India sentiments and bearing expenditure for the travel of those Indian Muslim youths who were to be sent for training to Pakistan and escape of those who participated I the bombing operations with an intention to achieve the objectives of the larger conspiracy referred to above. After Mohd. Faisal Ataur Rehman Shaikh returned from Pakistan after receiving training, in March 2002, he received INRs. 1,80,000=00 through hawala transaction from wanted accused Azam Chima. In November 2003, Mohammed Rizwan Dawrey sent INRs. 50,000=00 to accused Muzzammil Ataur Rehman Shaikh (A-9). In February 2004, accused Mohammed Rizwan Dawrey and Mohd. Faisal Ataur Rehman Shaikh (A-3) sent INRs 1,00,000=00 through hawala. There is evidence on record that this amount was received by one Smt Khalida Iqbal Shaikh and handed over to accused Muzzammil Shaikh (A-9).In the same year and after about 3 to 4 months wanted accused Rizwan Mohammed Dawrey sent Saudi Riyals 14,000=00 to accused Muzzammil Shaikh (A-9). In the same year and after about 3 to 4 months wanted accused Rizwan Mohammed Dawrey sent Saudi Riyals 14,000=00 to accused Mohd. Faisal Shaikh (A-3). In April 2004, Rizwan Mohammed Dawrey and accused Mohd. Faisal Shaikh (A-3) sent Saudi Riyals 40,000=00 through hawala to Smt Khalida Iqbal Shaikh which was in turn collected by accused Muzzammil Shaikh (A-9). In the same month, accused Faisal Shaikh (A-3) sent INRs 10,000=00 to Smt Khalid Iqbal Shaikh, which was collected by accused Muzzammil Shaikh (A-9). Sometime in July or August 2004, accused Rizwan Mohammed Dawrey and accused Mohd Faisal Shaikh (A-3) sent INRs 20,000=00 to Smt Khalid Iqbal Shaikh for accused Muzzammil Shaikh (A-9). On 02.07.2006, Mohammed Rizwan Dawrey again sent Saudi Riyals 15,000=00 through one Hidaytulla Mehboob Sundke for accused Faisal Shaikh (A-3). Even after the explosions, on 14.07.2006, Mohammed Rizwan Dawrey sent Saudi Riyals 11,200=00 through one Afzal of Pune for handing over to Abdul Rehman Dawrey for onward handing over to accused Mohd. Faisal Shaikh (A-3). Saudi Riyals 15,000=00 mentioned above, have been taken charge of during the house search of accused Mohd Faisal Ataur Rehman Shaikh (A-3) at Bandra (W), Mumbai on 28.07.2006. Saudi Riyals 11,200=00, sent by accused Rizwan Dawrey as stated above, could not be delivered to accused Mohd Faisal Shaikh (A-3) as accused Mohd. Faisal Shaikh (A-3) was arrested prior to the delivery of the said amount. This amount was taken charge of on 30.07.2006 from Shri Abdul Rehman Dawrey, brother of wanted accused Mohammed Rizwan Dawrey. The amount mentioned above and received by the conspirators, was used by the accused to send others to Pakistan for training and other purposes for achieving the larger goal of conspiracy as well as for facilitating the escape of those who participated in the bombing operation. As a part of the conspiracy and with a view to gain respectability and status some of the co-conspirators fraudulently obtained forged and fake degree/education certificates using which they got gainfully employed even in foreign countries, ostensibly for the purpose of raising funds for the organized crime syndicate and/or for the purpose of siphoning funds from foreign countries for achieving the larger goal of conspiracy.
11. In pursuance of the aforesaid criminal conspiracy, arrested accused (1) Mohd Faisal Ataur Rehman Shaikh (A-3), (2) Dr Tanveer Ahmed Mohammed Ansari (A-2), (3) Kamal Ahmed Mohammed Vakil Ansari (A-1), (4) Muzzammil Ataur Rehma Shaikh (A-9), (5) Suhail Mohammed Shaikh (A-10), (6) Zameer Ahmed Mohammed Latif-Ur Rehman Shaikh (A-11) and (7) Shaikh Mohammed Ali Alam Shaikh (A-6) went to Pakistan and received training in the handling of arms and explosives in the training camp run by accused Azam Chima. The travel plans were elaborately planned by the conspirators in order to ensure that passports o the accused did not bear the arrival and departure stamps into and out of Pakistan. During the course of investigation arrested accused persons namely (1) Mohd Faisal Ataur Shaikh (A-3), (2) Muzzammil Ataur Rehman Shaikh (A-9), (3) Suhail Mehmood Shaikh (A-10), (4) Zameer Latifur Rehman Shaikh (A-11) and (5) Dr Tanveer Ahmed Mohd Ibrahim Ansari (A-2) have been found in possession of maps showing travel route from Tehran to Pakistan with details ie. Names and/or phone numbers of persons who could be contacted for making their travel arrangement. Investigation has disclosed that the accused persons were trained in the handling and use of arms and explosives. The trainees were repeatedly indoctrinated by their foreign trainers to avenge the alleged atrocities committed on Indian Muslims. The feelings and sentiments of the accused trainees were exploited to the fullest and they were exhorted to cause wide spread destruction of life and property in India in order to cripple the Indian economy ad attain by force and violence an object of a general public nature i.e. cause bomb blasts, thereby striking directly against authority of the Government. That in pursuance of the aforesaid criminal conspiracy, the accused who underwent training in Pakistan were paid money and were further asked to persuade more Indian Muslim youths to go to Pakistan for under going the said training.
12.That in pursuance of the aforesaid conspiracy, sometime in the year 2000 wanted accused Azam Chima on behalf of banned organization Lashkar-e-Toiba along with wanted accused Hafiz Zuber and Abdul Rehman recruited accused Kamal Ahmed Mohd. Vakil Ansari (A-1). Accordingly Kamal Ahmed Mohd Vakil Ansari (A-1) traveled to Pakistan on a fake Nepalese passport on an assumed name Kamal Ahmed Mohd. Munshi through Wagha border. This passport was prepared for Kamal Ahmed Ansari (A-1) by wanted accused Hafiz Zuber, an Indian national presently base din Nepal. One Khalid Saifulla asked accused Kamal Ahmed Mohd Vakil Ansari (A-1) to motivate and recruit alienated and marginalized Muslim youths. One Ibrahim Rayeen (suspected accused) of Nepal provided money to Kamal Ansari with instructions to send more Muslim youths to undergo training in Pakistan. He accordingly sent his co-brother Anwar Ul Haque to Pakistan for under going training in the handling and use of arms and explosives.
13.That in pursuance of the aforesaid criminal conspiracy, arrested accused Mohd Faisal Ataur Rehman Shaikh (A-3) went to Pakistan for undergoing training in the handling and use of arms and explosives firstly on 01.10.2001 and returned to India on 2911.2001 through Wagha border using Indian passport bearing No. B-5403385 issued on 06.06.2001 by RPO, Pune. During his second visit and in order to avoid detection, on 08.11.2003 Mohd Faisal Ataur Rehman Shaikh (A-3) left Mumbai for Jeddah using the above passport. From Jeddah, he illegally entered Pakistan via Kisham Island, Iran, where he allegedly destroyed his Indian passport. During return, his mentors in Pakistan gave him a fake Pakistani passport on an assumed name Mohammed Akram, using which he returned to Jeddah. While in Saudi Arabia, Mohd Faisal Shaikh (A-3) was arrested for not possessing a travel document and on 01.12.2004 he was deported to New Delhi on an Emergency Certificate. During his both visits, Mohd Faisal Ataur Rehman Shaikh (A-3) received training in the handling and use of arms and explosives in a training camp of wanted accused Azam Chima. He also asked accused Mohd Faisal Shaikh (A-3) to recruit Muslim youths for arms training in Pakistan and also to survey targets for terrorists attacks.
14.That in pursuance of the aforesaid conspiracy, on return to India and using money that he had received from Azam Chima, Mohd Faisal Ataur Rehman Shaikh (A-3) incited arrested accused Suhail Mehmood Shaikh (A-10) and sent him to Pakistan for undergoing training as stated above. Arrested accused Suhail Mehmood Shaikh (A-10) traveled to Pakistan on 01.11.2002 on Indian passport bearing No. E-1185233. In order to avoid detection of his Pakistan visit, Suhail Shikh (A-10) traveled from Mumbai to Tehran on a Jiyarat is a and from there infiltrated into Pakistan. Suhail Shaikh (A-10) too underwent training in the training camp of wanted accused Azam Chima.
15.That in pursuance of the aforesaid criminal conspiracy, on 01.02.2003 arrested accused Shaikh Mohammed Ali Alam Shaikh (A-6) traveled to Pakistan using his Indian passport bearing No. E-1560453 issued by RPO, Mumbai on 13.02.2002. He left Chatrapati Shivaji International Airport, Mumbai and went to Dubai from where he traveled to Karachi and underwent training in the handling and use of arms and explosives.
16.That in pursuance of the aforesaid conspiracy and while accused Mohd Faisal Ataur Rehman Shaikh (A-3) was still in Pakistan, he instructed his brother and arrested accused Muzzammil Ataur Rehman Shaikh (A-9) to send some more Muslim youths to Pakistan for undergoing training. Accordingly, Muzzammil Ataur Rehman Shaikh (A-9) paid and arranged for the travel and training of accused Dr Tanveer Ahmed Mohd Ibrahim Ansari (A-2) in Pakistan. In order to avoid detection, Dr Tanveer Ansari (A-2), went illegally to Pakistan via Iran from Chatrapati Shivaji International Airport, Mumbai. Dr Tanveer Ansari (A-2) traveled on Indian passport bearing No. B-0099830 issued by RPO, Mumbai on 21.05.2004 and underwent training in the training camp of wanted accused Azam Chima.
17. As a part of the same conspiracy and as instructed by arrested accused Mohd Faisal Ataur Rehman Shaikh (A-3), on 09.08.2004 accused Muzzammil Ataur Rehman Shaikh (A-9) illegally traveled to Pakistan via Iran. He traveled from Mumbai to Tehran and then illegally crossed Iran border into Pakistan. He too underwent training in the militant training camp of wanted accused Azam Chima.
18.On return from training, Dr Tanveer Ansari (A-2) induced arrested accused Zameer Ahmed Latifur Rehman Shaikh (A-11) to undergo training in Pakistan to achieve the larger objective of conspiracy. Accordingly, Dr Tanveer Ansari (A-2) collected Zameer Sheikh?s) (A-11) passport bearing No. A-1886227 issued by RPO, Mumbai on 12.09.1996 and handed it over to accused Muzzammil Ataur Rehman Shaikh (A-9) who in turn got the same stamped with Jiyarat visa for Iran. On 04.04.2005, accused Zameer Ahmed Latifur Rehman Shaikh (A-11) left Mumbai for Tehran from where he illegally crossed into Pakistan and received training in the training camp of wanted accused Azam Chima.
19. It is of importance to state here that members of Shiya sect of Muslim community visit Iran on ?Jiyarat? visa. This tour is necessarily for pilgrimage and for the visit of a holy place by name Mashad where there is a tomb of 8th religious leader Imam Raza of Shiya sect. The persons who undertake this pilgrimage usually travel in groups with a proper operators. It is a known fact that members of the Sunni sect of Muslims do not believe in the teachings of Imam Raza and hence do not go to Jiyarat pilgrimage to Iran. It is also a known fact that Sunnis are to granted a ?Jiyarat? visa to Iran. During visit to Mashad, all pilgrims get holy food known as ?Niyaz?. Before any pilgrim receives Niyaz, his passport is stamped accordingly on the page bearing Jiyarat visa. However, arrested accused (1) Dr Tanveer Ahmed Mohd Ibrahim Ansari (A-2), (2) Muzzammil Ataur Rehman Shaikh (A-9), (3) Suhail Mohammed Shaikh (A-10) and (4) Zameer Ahmed Mohammed Latifur Rehman Shaikh (A-11) are all Sunnis. Though they traveled from India to Iran on a Jiyarat visa, they did not visit Mashad but instead crossed over Iran border into Pakistan and underwent training in the camp of Azam Chima. The non-appearance of stamp/seal on their Jiyarat visa page are conclusive proof of the same. There is sufficient evidence on record to show that though accused persons (1) Dr Tanveer Ahmed Mohd Ibrahim Ansari (A-2), (2) Muzzammil Ataur Rehman Shaikh (A-9), (3) Suhail Mohammed Shaikh (A-10) and (4) Zameer Ahmed Latifur Rehman Shaikh (A-11) traveled to Pakistan via Iran on a Jiyarat visa, their visas are not stamped as required at Mashad. Against the regular practice, these accused persons also traveled individually instead of going in a group or with a tour operator.
20.That in pursuance of the aforesaid conspiracy, though activities of organization ?Students? Islamic Movement of India or SIMI? were banned in India with effect from 27.09.2001, by declaring it as an unlawful association u/Sec 3 (1) of the Unlawful Activities (Prevention) Act, accused persons namely (1) Asif Khan Bashir Khan @Junaid (A-13), (2) Mohd Faisal Ataur Rehman Shaikh (A-3), (3) Dr Tanveer Ahmed Mohd Ibrahim Ansari (A-2) (4) Ehtesham Kutubuddin Siddiqui (A-4), (5) Suhail Mehmood Shaikh (A-10), (6) Zameer Ahmed Latifur Rehman Shaikh (A-11) (7) Mohammed Sajid Margub Ansari (A-7), (8) Abdul Wahid Din Mohammed Shaikh (A-8), (9) Shaikh Mohammed Ali Alam Shaikh (A-6), (10) Muzzammil Ataur Rehman Shaikh (A-9), (11) Rizwan Mohammed Dawrey and (12) Rahil Ataur Rehman Shaikh continued to remain members of the said banned organization and continued to take part in the activities of ?Students? Islamic Movement of India? which is a declared Terrorist Organization under Sec.2(1)(m) and 35 of the Unlawful Activities (Prevention) Act, and thereby advocated, abetted, advised and incited the Indian Muslim youths against the policies of the Government of India, promoted enmity between different groups on grounds of religion by printing, publishing and circulating seditious, inflammatory and derogatory material and collected funds and subscriptions from others for the achievement of the larger goal of conspiracy. Arrested accused Ehtesham Kutubuddin Siddiqui (A-4) even distributed receipt books to others and by using the said receipt books, personally collected subscriptions for and on behalf of SIMI under assumed names. Similarly, wanted accused persons Azam Chima and the other Pakistani nationals continued to remain members of the banned terrorist organization namely ?Lashkar-e-Toiba? and continued to take part in the activities of ?Lashkar-e-Toiba?. They thereby advocated, abetted, advised and incited the Indian Muslim youths against the policies of Government of India. For achieving their objectives, they funded the travel of selected Muslim youths to Pakistan, bore expenditure for their training in the handling and use of arms and explosives, indoctrinated them in the name of the religion and also supplied explosives like RDX. All this was done in order to prepare a group of youths, Indian as well as Pakistani, to conspire against the Government or civil authorities and wage war by striking terror in the minds of the people or section of people by use of violence or force by causing large scale destruction of life and property in order to cripple the national economy though the disruption of the public transport system ? which tantamounts to insurgency. The objective of the conspiracy was to continue unlawful activities within the State of Maharashtra and to overawe the government by causing disruption of the mass public transport system and thereby undermine the authority of the Government. Mumbai, the economic capital and a soft target was apparently chosen for executing the conspiracy.
The Chief Investigating Officer of Anti Terrorism Squad, Mumbai CR No 05/2006 submits report as contemplated under section 173 (2) of The Code of Criminal procedure as under:
Mumbai, the capital of Maharashtra, is also the financial capital of the country. About 3 million commuters travel each day Southwards in the morning and Northwards in the evening on the Western Railway suburban trains between the 60 kms railway tracks of Churchgate and Virar Stations during peak hours. The commuters mostly include executives, businessmen and persons in employment at various levels in Government as well as private establishments and students as well. No wonder, the Suburban trains, are aptly called essential services and life line of the Mumbai Metropolis.
This life however, came to a grinding halt on the evening of 11th July 2006 when seven high intensity, highly sophisticated explosive devices ripped through the first class gents? compartments of seven suburban trains, all headed towards the distant western/northern suburbs. Two of the blasts, at Mahim and Borivali, occurred while the trains were near the stations, while the remaining five took place in moving trains and away from platforms. The explosions were so powerful that they ripped through the double layered steel roof and sides of each of the seven compartments, throwing injured and dead passengers out of the compartments. At Mahim and Borivali stations, apart from the passengers in the compartment, the explosions even killed and injured passengers waiting on the platform and even those traveling by trains proceeding in the opposite direction. Roof of platform No 3 of Mahim station was also blown off by the explosion. Few passengers from the Borivali bound train that witnessed an explosion near Mahim station, jumped off the compartments on hearing the explosion, only to get killed under a local train proceeding in the opposite direction.
From the records, three blats simultaneously took place at 18.23 hrs near Mahim, Bandra and Mira Road stations, while the last took place at 18.28 hrs near Borivali station suggesting thereby that timer devices were used to cause the blasts simultaneously and at specific places, aimed at large scale devastation of life and property and wide spread panic and chaos with an intension to cripple the economy. The Public Transport was extensively damaged and disrupted with a view to overawe the Govt. As the entire western railway, suburban as well as main line, came to a grinding halt, the commuters poured on the western express highway, thereby disrupting the north as well as south bound vehicular traffic and causing hindrance to the rescue and relief operations. Till date 187 persons have lost their lives in the explosions while 817 others have suffered injuries of various gravities in the above blasts. Railway property worth Rs 85,61,039=00 has reportedly been damaged. One of the unclaimed dead has been identified as a Pakistani national involved in the planting of explosive laden bag in one of the compartments. Three of the injured are still hospitalized and unconscious.
The individual cases of bomb blasts were initially registered separately at the respective railway police stations as below:
Under the orders of the Director General of Police, Maharashtra State, Mumbai, on 12.07.2006, investigation of all the seven cases was taken over by the Anti Terrorism Squad, Mumbai. For the purpose of investigation, seven different teams were formed to investigate each of the seven cases and investigation continued accordingly. Upon a proposal being submitted by the Investigating Officer and based on his conclusions for application of the provisions of Maharashtra Control of Organised Crime Act, 1999, on 24.09.2006, the provisions of Maharashtra Control of Organised Crime Act were invoked under the orders of Dy Inspector General of Police and Addl. Commissioner of Police, Anti Terrorism Squad, Mumbai vide order No 1490/Addl. C.P./ATS/2006 dated 24.09.2006 to Borivali Railway Police Station CR No 156/2006 and the investigation was taken over by the undersigned. During the course of investigation in the said case and from the interrogation of the accused, it transpired that all the seven explosions were part of the same larger conspiracy due to which all the seven cases were clubbed together and assigned, Anti Terrorism Squad, Mumbai CR No 05/2006 and investigation was carried out under the supervision and control of the undersigned as Chief Investigating Officer.
The sequential character of explosions indicate a carefully planned attack calculated to terrorise the public in general, overawe by means of criminal force the Governments in the State as well as in the Centre and cause wide spread damage to life and railway property and thereby cripple the National and State economy. Accused persons, mentioned below, have so far been disclosed to be involved in the commission of this offence::
1. It has transpired during the course of investigation that wanted accused Azam Chima, @Babaji, a Pakistani national, arrested accused Mohd Faisal Ataur Rehman Shaikh (A-3), Asif Khan Bashir Khan @Junaid (A-13) and others, conspired sometime in the year 1999 and thereafter, both within and outside India, to do and cause to be done the below mentioned illegal acts:
a. To wage war against the Government of India;b. To collect men and explosives with the intention of waging war against the Government of India;c. To overawe by means of criminal force the Government of Maharashtra and Government of India;d. To terrorise the people in general and railway commuters in particular by indulging in wanton killings and destruction of property through bomb explosions in local trains, thereby disrupting Public Transport System in Mumbai, the economic capital of India;e.To create instability in the State of Maharashtra and in India by the aforesaid subversive activity;f. To shake and reduce the faith of the common citizen on it?s elected democratic government by large scale violence, destruction of lives and property and thereby destabilize the system of Government established by law;g. To organize the spread of secessionist and rebellious thoughts through covert and secret meetings with like minded Muslim youths;h. To exploit the communal sentiments of Muslims and to provoke them in the name of religion in order to resort to terrorist acts;i. To collect money from across the border and by sale of provocative SIMI literature in India for achieving the objective of the criminal conspiracy;j. To organize training camps in Pakistan in order to impart training to Indian Muslim youths in the handling and use of arms an explosives for causing the explosions;k. To establish training camp in India too and organize training in the handling of arms and explosives to like-minded Indian Muslim youths locally;l. To facilitate infiltration of Pakistani militants from across the Indian border along with explosives for causing the explosions; m. to store and conceal such explosives at such safe places along with the Pakistani wanted accused for achieving the objective of criminal conspiracy;n. To do and commit any other illegal acts as were necessary for achieving the aforesaid objective of criminal conspiracy;o. To continue unlawful activities of banned organization ie SIMI and Lashkar-e-Toiba with an intention to promote enmity between different groups on grounds of religion prejudicial to the maintenance of harmony, incite individual or group of individuals to cause disaffection against India or Government of India or encourage or aid persons to undertake any unlawful activity like bomb explosions or of which the members undertake such activities.p. To continue activities of organized crime syndicate, singly or jointly either as a member of a organized crime syndicate or on behalf of such syndicate, conspire, advocate, abet or knowingly facilitate the commission of an organized crime by use of violence or other unlawful means and promote insurgency by causing explosion in local trains in order to cause large scale loss to life and railway property.
2.That in pursuance of the aforesaid conspiracy, during one such meeting held in the month of May 2006 in the house of accused Mohd. Faisal Atur Rehman Shaikh (A-3) at Bandra (W), the plan to cause explosions in western railway local trains was finalized and the co-conspirators were assigned specific responsibilities. As a part of the conspiracy, wanted accused Azam Chima took the responsibility of sending RDX and Pakistan based terrorists, including those who would be experts to assemble the explosive devices. As a part of the conspiracy, accused Mohammed Majid Mohd Shafi (A-5) of Kolkatta and Kamal Ahmed Mohd Vakil Ansari (A-1) from Bihar were entrusted the responsibility of brining Pakistani terrorists into India through Indo-Bangladesh and Indo-Nepal borders respectively. It was also decided to assemble explosive device in the house of arrested accused Shaikh Mohammed Ali Alam Shaikh (A-6) in Govandi, Shivaji Nagar, Mumbai. Co-conspirator Asif Khan Bashir Khan (A-13) was entrusted with the responsibility of procuring Rexene bags, utensils, ammonium nitrate/nitrite; detonators etc. and make arrangements to send it over to the house of accused Shaikh Mohammed Ali Alam Shaikh (A-6) at Govandi, Shivaji Nagar, Mumbai. Arrested accused Sajid Margub Ansari (A-7) was entrusted with the responsibility of procuring timer electric circuitry and other relevant devices and keep it ready for the ?D? day.
3.That in pursuance of the aforesaid conspiracy and in order to achieve the object of conspiracy, in the month of May 2006, arrested accused Mohammed Majid Mohammed Shafi (A-5), an Indian national and residing in Kolkatta, made arrangement and ensured the infiltration of wanted accused and Pakistani nationals namely (1) Sabir, (2) Abu Bakr, (3) Kasam Ali, (4) Ammu Jaan, (5) Ehsanullah, (6) Abu Hasan into India through Bangladesh border. These accused persons traveled from Kolkatta to Mumbai by train. Similarly, in the month of May 2006, wanted accused namely (1) Salim, (2) Sohail Shaikh, (3) Abdul Razak and (4) Abu Umed illegally crossed over from Pakistan into India from Kutch border in Gujarat.
Accused persons namely (1) Salim and (2) Abu Umed (both dead) are Pakistani nationals while Abdul Razak is a resident of Hyderabad, Andhra Pradesh and Sohail Shaikh is a resident of Pune but now both are learnt to be settled in Pakistan. As a part of the same conspiracy, arrested accused Kamal Ahmed Vakil Ansari (A-1) made arrangements for all illegally escorted wanted accused Pakistani nationals (1) Aslam and (2) Hafizullah into India through Nepal border.
4.That in pursuance of the aforesaid conspiracy and in order to achieve the object of conspiracy, there is evidence on record to prove that wanted accused and Pakistani national Ehsanullah brought with him RDX that came to be used for causing explosions in Mumbai on 11.07.2006.
5.That in pursuance of the aforesaid conspiracy, the above-mentioned wanted accused illegally crossed over into India and came to Mumbai. The accused who crossed over from Bangladesh border were received by arrested accused Asif Khan Bashir Khan @ Junaid (A-13) and were housed and harbored in flat No. 304, Amrapali Apartments, Nayar Nagar, Mira Road, Thane. Similarly, wanted accused who crossed over into India from Kutch border, were provided safe house and harbored in Flat No 24, Lucky Villa building, Kant Wadi, Perry Cross Road, Bandra (W), Mumbai-400050 belonging to accused Mohd. Faisal Ataur Rehman Shaikh (A-3). The two wanted accused and Pakistani nationals, who illegally infiltrated into India through Nepal border and brought to Mumbai by arrested accused Kamal Ahmed Mohd Vakil Ansari, (A-1) were housed and harbored in flat No. 101, Saba Parveen Apartment, Pooja Nagar Road, Naya Nagar, Mira Road, Thane, belonging to accused Mohammed Sajid Margub Ansari (A-7). It has also come on record that as a part of the same conspiracy after the bomb blasts on 11.07.2006, accused Ethesham Kutubuddin Siddiqui (A-4), provide shelter and harboured wanted accused Pakistani nationals and co-conspirators by name (1) Ammu Jaan, (2) Sabir, (3) Abu Bakr, (4) Kasam Ali, (5) Ehsnullah and (6) Abu Hasan brought by Mohd. Majid Mohd Shafi (A-5), at 202, B Wing, 2nd floor, Moon Lit Apartment, Opp. Kalsekar College, Kausa, Mumbra, Thane. This is a house rented by arrested accused Abdul Wahid Din Mohammed Shaikh (A-8).
6. Investigation has disclosed that in pursuance of the aforesaid conspiracy, during the said period accused persons namely (1) Mohd. Faisal Ataur Rehman Shaikh (A-3), (2) DR Tanveer Ahmed Mohammed Ibrahim Ansari (A-2), (3) Suhail Mehmood Shaikh (A-10), (4) Zameer Ahmed Latifur Rehman Shaikh (A-11), (5) Muzzammil Ataur Rehman Shaikh (A-9) and (6) Ehtesham Kutubuddin Siddiqui traveled in western railway local trains between Mumbai and Virar in order to make a reconnaissance of the target. The conspirators decided to cause bomb blasts in the evening of a working day so as to cause maximum damage to the lives and property and also to strike against a symbolic institution of Government authority. The same was approved by the blast master-mind Azam Chima, top commander of Lashkar-e-Toiba and base don Bahawalpur, Pakistan. The act of causing bomb explosions was aimed at disturbing public peace and subverting the authority of Government established by law under the constitutional frame work of India. The above modus conforms to the professed ideology and agenda of Lashkar-e-Toiba. The Lashkar-e-Toiba has repeatedly claimed through its web sites that its main aim is to destroy the Indian Republic and annihilate Hinduism.
7.That in pursuance of the said conspiracy sometime in the month of April 2006, arrested accused (1) Ehtesham Kutubuddin Siddiqui (A-4), (2) Dr Tanveer Ahmed Mohd. Ibrahim Ansari (A-2), (3) Mohd. Faisal Ataur Rehman Shaikh (A-3) and (4) Naveed Hussain Khan Rashid Hussain Khan (A-12) went to the house of arrested accused Shaikh Mohammed Ali Alam Shaikh (A-6) and surveyed the surroundings.
8. That in pursuance of the said conspiracy and in order to achieve objectives of conspiracy, between 08.07.2006 and 10.07.2006 accused persons namely (1) Sajid Margub Ansari (A-7), (2) Sohail Shaikh, Pakistani national and one more unknown Pakistani national assembled seven explosive devices at Plot No.33, T. Line, Room No2, Shivaji Nagar, Govandi, Mumbai-43, house belonging to accused Shaikh Mohammed Ali Alam Shaikh (A-6) for planting into local trains. They were assisted, aided and abetted by various means by co-conspirators namely (1) Shaikh Mohammed Ali Alam Shaikh (A-6), (2) Dr Tanveer Ahmed Mohd. Ibrahim Ansari (A-2), (3) Ehtesham Kutubuddin Siddiqui (A-4), (4) Naveed Hussain Khan Rashid Hussain Khan (A-12), (5) Asif Khan Bashir Khan @ Junaid (A-13) and (6) Mohd. Faisal Ataur Rehman Shaikh (A-3).
9. Investigation has further disclosed that in pursuance of the conspiracy referred to above, wanted accused Azam Chima, a Pakistani national, and an office bearer of banned terrorist outfit Lashkar-e-Toiba, organized training camp in Pakistan for training of Indian Muslim youths in the handling and use of arms and explosives. For the said purpose, he sent money to India through various persons and means for funding travel of Indian Muslim youths, desirous of undergoing the said training, to Pakistan. During the course of and after the said training, Azam Chima include the trained youths to avenge the alleged. ?Committed on Muslims in India by causing wide spread insurgent and terrorist activities by exploding/bombing financial nerve centers and causing mass damage to life and property thereby crippling the economy of the nation.
10. Between 1999 and 17.07.2006 wanted accused Azam Chima, through wanted accused Mohammed Rizwan Dawrey and Rahil Ataur Rehman Shaikh, sent money through various means to India to accused Mohd. Faisal Ataur Rehman Shaikh (A-3) for publishing jehadi literature, promoting anti-India sentiments and bearing expenditure for the travel of those Indian Muslim youths who were to be sent for training to Pakistan and escape of those who participated I the bombing operations with an intention to achieve the objectives of the larger conspiracy referred to above. After Mohd. Faisal Ataur Rehman Shaikh returned from Pakistan after receiving training, in March 2002, he received INRs. 1,80,000=00 through hawala transaction from wanted accused Azam Chima. In November 2003, Mohammed Rizwan Dawrey sent INRs. 50,000=00 to accused Muzzammil Ataur Rehman Shaikh (A-9). In February 2004, accused Mohammed Rizwan Dawrey and Mohd. Faisal Ataur Rehman Shaikh (A-3) sent INRs 1,00,000=00 through hawala. There is evidence on record that this amount was received by one Smt Khalida Iqbal Shaikh and handed over to accused Muzzammil Shaikh (A-9).In the same year and after about 3 to 4 months wanted accused Rizwan Mohammed Dawrey sent Saudi Riyals 14,000=00 to accused Muzzammil Shaikh (A-9). In the same year and after about 3 to 4 months wanted accused Rizwan Mohammed Dawrey sent Saudi Riyals 14,000=00 to accused Mohd. Faisal Shaikh (A-3). In April 2004, Rizwan Mohammed Dawrey and accused Mohd. Faisal Shaikh (A-3) sent Saudi Riyals 40,000=00 through hawala to Smt Khalida Iqbal Shaikh which was in turn collected by accused Muzzammil Shaikh (A-9). In the same month, accused Faisal Shaikh (A-3) sent INRs 10,000=00 to Smt Khalid Iqbal Shaikh, which was collected by accused Muzzammil Shaikh (A-9). Sometime in July or August 2004, accused Rizwan Mohammed Dawrey and accused Mohd Faisal Shaikh (A-3) sent INRs 20,000=00 to Smt Khalid Iqbal Shaikh for accused Muzzammil Shaikh (A-9). On 02.07.2006, Mohammed Rizwan Dawrey again sent Saudi Riyals 15,000=00 through one Hidaytulla Mehboob Sundke for accused Faisal Shaikh (A-3). Even after the explosions, on 14.07.2006, Mohammed Rizwan Dawrey sent Saudi Riyals 11,200=00 through one Afzal of Pune for handing over to Abdul Rehman Dawrey for onward handing over to accused Mohd. Faisal Shaikh (A-3). Saudi Riyals 15,000=00 mentioned above, have been taken charge of during the house search of accused Mohd Faisal Ataur Rehman Shaikh (A-3) at Bandra (W), Mumbai on 28.07.2006. Saudi Riyals 11,200=00, sent by accused Rizwan Dawrey as stated above, could not be delivered to accused Mohd Faisal Shaikh (A-3) as accused Mohd. Faisal Shaikh (A-3) was arrested prior to the delivery of the said amount. This amount was taken charge of on 30.07.2006 from Shri Abdul Rehman Dawrey, brother of wanted accused Mohammed Rizwan Dawrey. The amount mentioned above and received by the conspirators, was used by the accused to send others to Pakistan for training and other purposes for achieving the larger goal of conspiracy as well as for facilitating the escape of those who participated in the bombing operation. As a part of the conspiracy and with a view to gain respectability and status some of the co-conspirators fraudulently obtained forged and fake degree/education certificates using which they got gainfully employed even in foreign countries, ostensibly for the purpose of raising funds for the organized crime syndicate and/or for the purpose of siphoning funds from foreign countries for achieving the larger goal of conspiracy.
11. In pursuance of the aforesaid criminal conspiracy, arrested accused (1) Mohd Faisal Ataur Rehman Shaikh (A-3), (2) Dr Tanveer Ahmed Mohammed Ansari (A-2), (3) Kamal Ahmed Mohammed Vakil Ansari (A-1), (4) Muzzammil Ataur Rehma Shaikh (A-9), (5) Suhail Mohammed Shaikh (A-10), (6) Zameer Ahmed Mohammed Latif-Ur Rehman Shaikh (A-11) and (7) Shaikh Mohammed Ali Alam Shaikh (A-6) went to Pakistan and received training in the handling of arms and explosives in the training camp run by accused Azam Chima. The travel plans were elaborately planned by the conspirators in order to ensure that passports o the accused did not bear the arrival and departure stamps into and out of Pakistan. During the course of investigation arrested accused persons namely (1) Mohd Faisal Ataur Shaikh (A-3), (2) Muzzammil Ataur Rehman Shaikh (A-9), (3) Suhail Mehmood Shaikh (A-10), (4) Zameer Latifur Rehman Shaikh (A-11) and (5) Dr Tanveer Ahmed Mohd Ibrahim Ansari (A-2) have been found in possession of maps showing travel route from Tehran to Pakistan with details ie. Names and/or phone numbers of persons who could be contacted for making their travel arrangement. Investigation has disclosed that the accused persons were trained in the handling and use of arms and explosives. The trainees were repeatedly indoctrinated by their foreign trainers to avenge the alleged atrocities committed on Indian Muslims. The feelings and sentiments of the accused trainees were exploited to the fullest and they were exhorted to cause wide spread destruction of life and property in India in order to cripple the Indian economy ad attain by force and violence an object of a general public nature i.e. cause bomb blasts, thereby striking directly against authority of the Government. That in pursuance of the aforesaid criminal conspiracy, the accused who underwent training in Pakistan were paid money and were further asked to persuade more Indian Muslim youths to go to Pakistan for under going the said training.
12.That in pursuance of the aforesaid conspiracy, sometime in the year 2000 wanted accused Azam Chima on behalf of banned organization Lashkar-e-Toiba along with wanted accused Hafiz Zuber and Abdul Rehman recruited accused Kamal Ahmed Mohd. Vakil Ansari (A-1). Accordingly Kamal Ahmed Mohd Vakil Ansari (A-1) traveled to Pakistan on a fake Nepalese passport on an assumed name Kamal Ahmed Mohd. Munshi through Wagha border. This passport was prepared for Kamal Ahmed Ansari (A-1) by wanted accused Hafiz Zuber, an Indian national presently base din Nepal. One Khalid Saifulla asked accused Kamal Ahmed Mohd Vakil Ansari (A-1) to motivate and recruit alienated and marginalized Muslim youths. One Ibrahim Rayeen (suspected accused) of Nepal provided money to Kamal Ansari with instructions to send more Muslim youths to undergo training in Pakistan. He accordingly sent his co-brother Anwar Ul Haque to Pakistan for under going training in the handling and use of arms and explosives.
13.That in pursuance of the aforesaid criminal conspiracy, arrested accused Mohd Faisal Ataur Rehman Shaikh (A-3) went to Pakistan for undergoing training in the handling and use of arms and explosives firstly on 01.10.2001 and returned to India on 2911.2001 through Wagha border using Indian passport bearing No. B-5403385 issued on 06.06.2001 by RPO, Pune. During his second visit and in order to avoid detection, on 08.11.2003 Mohd Faisal Ataur Rehman Shaikh (A-3) left Mumbai for Jeddah using the above passport. From Jeddah, he illegally entered Pakistan via Kisham Island, Iran, where he allegedly destroyed his Indian passport. During return, his mentors in Pakistan gave him a fake Pakistani passport on an assumed name Mohammed Akram, using which he returned to Jeddah. While in Saudi Arabia, Mohd Faisal Shaikh (A-3) was arrested for not possessing a travel document and on 01.12.2004 he was deported to New Delhi on an Emergency Certificate. During his both visits, Mohd Faisal Ataur Rehman Shaikh (A-3) received training in the handling and use of arms and explosives in a training camp of wanted accused Azam Chima. He also asked accused Mohd Faisal Shaikh (A-3) to recruit Muslim youths for arms training in Pakistan and also to survey targets for terrorists attacks.
14.That in pursuance of the aforesaid conspiracy, on return to India and using money that he had received from Azam Chima, Mohd Faisal Ataur Rehman Shaikh (A-3) incited arrested accused Suhail Mehmood Shaikh (A-10) and sent him to Pakistan for undergoing training as stated above. Arrested accused Suhail Mehmood Shaikh (A-10) traveled to Pakistan on 01.11.2002 on Indian passport bearing No. E-1185233. In order to avoid detection of his Pakistan visit, Suhail Shikh (A-10) traveled from Mumbai to Tehran on a Jiyarat is a and from there infiltrated into Pakistan. Suhail Shaikh (A-10) too underwent training in the training camp of wanted accused Azam Chima.
15.That in pursuance of the aforesaid criminal conspiracy, on 01.02.2003 arrested accused Shaikh Mohammed Ali Alam Shaikh (A-6) traveled to Pakistan using his Indian passport bearing No. E-1560453 issued by RPO, Mumbai on 13.02.2002. He left Chatrapati Shivaji International Airport, Mumbai and went to Dubai from where he traveled to Karachi and underwent training in the handling and use of arms and explosives.
16.That in pursuance of the aforesaid conspiracy and while accused Mohd Faisal Ataur Rehman Shaikh (A-3) was still in Pakistan, he instructed his brother and arrested accused Muzzammil Ataur Rehman Shaikh (A-9) to send some more Muslim youths to Pakistan for undergoing training. Accordingly, Muzzammil Ataur Rehman Shaikh (A-9) paid and arranged for the travel and training of accused Dr Tanveer Ahmed Mohd Ibrahim Ansari (A-2) in Pakistan. In order to avoid detection, Dr Tanveer Ansari (A-2), went illegally to Pakistan via Iran from Chatrapati Shivaji International Airport, Mumbai. Dr Tanveer Ansari (A-2) traveled on Indian passport bearing No. B-0099830 issued by RPO, Mumbai on 21.05.2004 and underwent training in the training camp of wanted accused Azam Chima.
17. As a part of the same conspiracy and as instructed by arrested accused Mohd Faisal Ataur Rehman Shaikh (A-3), on 09.08.2004 accused Muzzammil Ataur Rehman Shaikh (A-9) illegally traveled to Pakistan via Iran. He traveled from Mumbai to Tehran and then illegally crossed Iran border into Pakistan. He too underwent training in the militant training camp of wanted accused Azam Chima.
18.On return from training, Dr Tanveer Ansari (A-2) induced arrested accused Zameer Ahmed Latifur Rehman Shaikh (A-11) to undergo training in Pakistan to achieve the larger objective of conspiracy. Accordingly, Dr Tanveer Ansari (A-2) collected Zameer Sheikh?s) (A-11) passport bearing No. A-1886227 issued by RPO, Mumbai on 12.09.1996 and handed it over to accused Muzzammil Ataur Rehman Shaikh (A-9) who in turn got the same stamped with Jiyarat visa for Iran. On 04.04.2005, accused Zameer Ahmed Latifur Rehman Shaikh (A-11) left Mumbai for Tehran from where he illegally crossed into Pakistan and received training in the training camp of wanted accused Azam Chima.
19. It is of importance to state here that members of Shiya sect of Muslim community visit Iran on ?Jiyarat? visa. This tour is necessarily for pilgrimage and for the visit of a holy place by name Mashad where there is a tomb of 8th religious leader Imam Raza of Shiya sect. The persons who undertake this pilgrimage usually travel in groups with a proper operators. It is a known fact that members of the Sunni sect of Muslims do not believe in the teachings of Imam Raza and hence do not go to Jiyarat pilgrimage to Iran. It is also a known fact that Sunnis are to granted a ?Jiyarat? visa to Iran. During visit to Mashad, all pilgrims get holy food known as ?Niyaz?. Before any pilgrim receives Niyaz, his passport is stamped accordingly on the page bearing Jiyarat visa. However, arrested accused (1) Dr Tanveer Ahmed Mohd Ibrahim Ansari (A-2), (2) Muzzammil Ataur Rehman Shaikh (A-9), (3) Suhail Mohammed Shaikh (A-10) and (4) Zameer Ahmed Mohammed Latifur Rehman Shaikh (A-11) are all Sunnis. Though they traveled from India to Iran on a Jiyarat visa, they did not visit Mashad but instead crossed over Iran border into Pakistan and underwent training in the camp of Azam Chima. The non-appearance of stamp/seal on their Jiyarat visa page are conclusive proof of the same. There is sufficient evidence on record to show that though accused persons (1) Dr Tanveer Ahmed Mohd Ibrahim Ansari (A-2), (2) Muzzammil Ataur Rehman Shaikh (A-9), (3) Suhail Mohammed Shaikh (A-10) and (4) Zameer Ahmed Latifur Rehman Shaikh (A-11) traveled to Pakistan via Iran on a Jiyarat visa, their visas are not stamped as required at Mashad. Against the regular practice, these accused persons also traveled individually instead of going in a group or with a tour operator.
20.That in pursuance of the aforesaid conspiracy, though activities of organization ?Students? Islamic Movement of India or SIMI? were banned in India with effect from 27.09.2001, by declaring it as an unlawful association u/Sec 3 (1) of the Unlawful Activities (Prevention) Act, accused persons namely (1) Asif Khan Bashir Khan @Junaid (A-13), (2) Mohd Faisal Ataur Rehman Shaikh (A-3), (3) Dr Tanveer Ahmed Mohd Ibrahim Ansari (A-2) (4) Ehtesham Kutubuddin Siddiqui (A-4), (5) Suhail Mehmood Shaikh (A-10), (6) Zameer Ahmed Latifur Rehman Shaikh (A-11) (7) Mohammed Sajid Margub Ansari (A-7), (8) Abdul Wahid Din Mohammed Shaikh (A-8), (9) Shaikh Mohammed Ali Alam Shaikh (A-6), (10) Muzzammil Ataur Rehman Shaikh (A-9), (11) Rizwan Mohammed Dawrey and (12) Rahil Ataur Rehman Shaikh continued to remain members of the said banned organization and continued to take part in the activities of ?Students? Islamic Movement of India? which is a declared Terrorist Organization under Sec.2(1)(m) and 35 of the Unlawful Activities (Prevention) Act, and thereby advocated, abetted, advised and incited the Indian Muslim youths against the policies of the Government of India, promoted enmity between different groups on grounds of religion by printing, publishing and circulating seditious, inflammatory and derogatory material and collected funds and subscriptions from others for the achievement of the larger goal of conspiracy. Arrested accused Ehtesham Kutubuddin Siddiqui (A-4) even distributed receipt books to others and by using the said receipt books, personally collected subscriptions for and on behalf of SIMI under assumed names. Similarly, wanted accused persons Azam Chima and the other Pakistani nationals continued to remain members of the banned terrorist organization namely ?Lashkar-e-Toiba? and continued to take part in the activities of ?Lashkar-e-Toiba?. They thereby advocated, abetted, advised and incited the Indian Muslim youths against the policies of Government of India. For achieving their objectives, they funded the travel of selected Muslim youths to Pakistan, bore expenditure for their training in the handling and use of arms and explosives, indoctrinated them in the name of the religion and also supplied explosives like RDX. All this was done in order to prepare a group of youths, Indian as well as Pakistani, to conspire against the Government or civil authorities and wage war by striking terror in the minds of the people or section of people by use of violence or force by causing large scale destruction of life and property in order to cripple the national economy though the disruption of the public transport system ? which tantamounts to insurgency. The objective of the conspiracy was to continue unlawful activities within the State of Maharashtra and to overawe the government by causing disruption of the mass public transport system and thereby undermine the authority of the Government. Mumbai, the economic capital and a soft target was apparently chosen for executing the conspiracy.
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