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NEW DELHI: The National Investigation Agency (NIA) on Wednesday filed a supplementary charge sheet against Tawheed Ahmad Shah, a member of Al-Qaeda (AQIS (Al-Qaeda in Indian Subcontinent)/AGH (Ansaar Gajwatul Hind)), who instigated Minhaj Ahmad to join the terrorist group and instructed him to recruit as many members as possible to join Al-Qaeda’s affiliate AGH (Ansaar Gajwatul Hind) for the commission of terrorist acts.
The anti-terror probe agency filed a supplementary charge sheet before NIA Special Court Lucknow against Shah, a resident of Jammu and Kashmir’s Budgam, which was registered on inputs that Umar Halmandi, a member of the terrorist organization ‘Al-Qaeda’, based on Pakistan-Afghanistan border was radicalizing and recruiting members for AQIS.
The NIA alleged that Shah was accused of raising an ‘Al-Qaeda’ module and ‘AGH’ in Lucknow to carry out terrorist acts.
The NIA said that its probe revealed that Shah instigated Ahmad to join Al-Qaeda and instructed him to recruit as many members as possible to join Al-Qaeda affiliate AGH for the commission of terrorist acts.
“Shah was working as on OGW (Over Ground Worker) for accused Adil Nabi Teli, who was killed in an encounter, a declared terrorist affiliated with LeT (Lashkar-e-Taib) /TRF (The Resistance Front) and for Syed Basharat Shah, a slain terrorist of AGH, an extended outfit of proscribed terrorist organization Al-Qaeda,” the NIA said.
“Shah received funds from earlier charge-sheeted accused Minhaj Ahmad in the account of persons known to him and funded terrorists Syed Basharat Shah and Teli,” the NIA said.
The case was initially registered by UP’s ATS (Anti Terrorist Squad) on January 10, 2021, in the Gomti Nagar police station of Lucknow. NIA registered a case on July 29 last year and arrested and charge-sheeted five accused persons on January 5 this year.
Shah has been framed under sections 121 (Whoever, wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine), 121A (Whoever within or without India conspires to commit any of the offences punishable by section 121, or conspires to overawe, by means of criminal force or the show of criminal force, the Central Government or any State Government, shall be punished with imprisonment for life, or with imprisonment of either description which may extend to ten years, and shall also be liable to fine) & 122 (Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Government of India, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine) of the IPC, Sec 17 (Whoever, in India or in a foreign country, directly or indirectly, raises or collects funds or provides funds to any person or persons or attempts to provide funds to any person or persons, knowing that such funds are likely to be used by such person or persons to commit a terrorist act, notwithstanding whether such funds were actually used or not for commission of such act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine), 18 (Whoever conspires or attempts to commit, or advocates, abets, advises or incites or knowingly facilitates the commission of, a terrorist act or any act preparatory to the commission of a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine), 18B (Whoever recruits or causes to be recruited any person or persons for commission of a terrorist act shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine), 38 ((1) A person, who associates himself, or professes to be associated, with a terrorist organisation with intention to further its activities, commits an offence relating to membership of a terrorist organisation: Provided that this sub‑section shall not apply where the person charged is able to prove – (a) that the organisation was not declared as a terrorist organisation at the time when he became a member or began to profess to be a member; and (b) that he has not taken part in the activities of the organisation at any time during its inclusion in the Schedule as a terrorist organisation. (2) A person, who commits the offence relating to membership of a terrorist organisation under sub-section (1), shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both), 39 ((1) A person commits the offence relating to support given to a terrorist organisation, – (a) who, with intention to further the activity of a terrorist organisation, – (i) invites support for the terrorist organisation, and (ii) the support is not or is not restricted to provide money or other property within the meaning of section 40; or (b) who, with intention to further the activity of a terrorist organisation, arranges, manages or assists in arranging or managing a meeting which he knows is (i) to support the terrorist organisation, or (ii) to further the activity of the terrorist organisation, or (iii) to be addressed by a person who associates or professes to be associated with the terrorist organisation; or (c) who, with intention to further the activity of a terrorist organisation, addresses a meeting for the purpose of encouraging support for the terrorist organisation or to further its activity. (2) A person, who commits the offence relating to support given to a terrorist organisation under sub‑section (1), shall be punishable with imprisonment for a term not exceeding ten years, or with fine, or with both) & 40 ((1) A person commits the offence of raising fund for a terrorist organisation, who, with intention to further the activity of a terrorist organisation, – (a) invites another person to provide money or other property, and intends that it should be used, or has reasonable cause to suspect that it might be used, for the purposes of terrorism; or (b) receives money or other property, and intends that it should be used, or has reasonable cause to suspect that it might be used, for the purposes of terrorism; or (c) provides money or other property, and knows, or has reasonable cause to suspect, that it would or might be used for the purposes of terrorism. (2) A person, who commits the offence of raising fund for a terrorist organisation under sub‑section (1), shall be punishable with imprisonment for a term not exceeding fourteen years, or with fine, or with both) of the UA(P) Act.
