NIA court convicts 13 Muslim youths in 2012 terror module case

September 16, 2016

Bengaluru, Sep 16: A National Investigation Agency (NIA) special court here on Thursdayconvicted 13 persons accused in the Karnataka terror module case, wherein several educated Muslim youths were arrested from their houses and rented rooms in Bengaluru, Hubballi and other places four years ago.

niaSources in the NIA said that this was the first time the accused have pleaded guilty in a terror case. Special court judge Muralidhar Pai adjourned the case to Friday, when he will pronounce the quantum of punishment.

The charge was that the youths had planned to assassinate several prominent personalities including BJP leaders and pro-BJP journalists. Later, a couple of the arrested youths had got clean chit in the case. Some of the accused are still absconding, according to the NIA. The arrest spree started on August 29, 2012 when a team of the Central Crime Branch of the Bengaluru City police nabbed two bike-borne youths in Basaveshwaranagar police limits.

The convicted are: Syed Tanzeem Ahmed of Ben galuru, Dr Imran Ahmed of Bengaluru, Dr Nayeem Siddiqui of Davanagere, Ubaid Ur Rehman of Hyderabad, Shoaib Ahmed Mirza alias Chotu of Hubballi, Abdul Hakeem Jamdar of Hubballi, Riyaz Ahmed Byahatti of Hubballi, Zafar Iqbal Sholapur of Hubb alli, Moha mmed Sa diq Lashkar of Hubballi, Mehaboob Bagalkot of Hubballi, Baba alias Mehboob Bagalkot and Wahid Hussain alias Saahil.

Public prosecutor Arjun Ambalapatta said, the conviction was made mainly under IPC sections 120B (criminal conspiracy), 153A (promoting enmity between different groups on grounds of religion), 307 (attempt to murder) and Section 38 of the Unlawful Activities Prevention Act and Arms Act, and Section 3 read with 25 of the Arms Act, 1959. The sections invoked entail prison terms of up to 10 years.

Police said the suspects were linked to Lashkar-e-Taiba and Harkat-ul-Jehad-al-Islami, and were being directed by handlers in Saudi Arabia to eliminate prominent personalities, including a newspaper editor, a newspaper columnist who is now a BJP MP representing Mysuru-Kodagu constituency, and right-wing leaders.

The case was later transferred to the National Investigation Agency. Six months after the arrests, NIA released two of the suspects, saying there was no prosecutable evidence against them, while a court released on bail a third suspect after the agency failed to file a chargesheet within the stipulated six months of the arrest.

Pleaded guilty in the hope of early release'

The Federation of Muslim NGOs has regretted that the 13 accused pleaded guilty because they were unable to bear the torture of remaining in prison.

"It is a sad reflection of the way investigations are being conducted in terror-related cases. Hundreds of witnesses are cited and a chargesheet running into several thousand pages is filed. The trial takes several years to complete. The draconian Unlawful Activities Prohibition Act ensures no bail is granted and the accused, even if innocent, have to spend several years in jail," read the statement.

"We further call upon the government to ensure the trials are expedited and the Act is amended to ensure bail is granted when proof is not convincing .... Call upon to form an independent review committee comprising a HC judge ... to review the evidence collected before granting sanction for prosecution to ensure innocents are not harassed," read the statement.

"Police say they have ample material evidence against our children. They have been in jail for too long now and have not got bail. Instead of dragging the case, our children agreed to plead guilty as they have already spent four years in jail, and undergo punishment. At least now they can look at an early release after they complete their terms," a family member said, on condition of anonymity.

Only 32 Of 260 gave evidence

The 13 accused stood motionless as NIA special court judge Muralidhar Pai held them guilty, while some of their family members let out exclamations of disappointment.

Around 10.30am Thursday, the men were brought in police vans, each accompanied by a policeman, as they walked to court hall 54 on the third floor of the City Civil Court complex. The judge said he would pronounce the judgment by 3pm. The men were taken out for lunch in the van and brought back to the hall by 2.30pm.

The 13 accused had been denied bail and were in jail during the course of the trial, where only 32 of the 260 witnesses turned up to give evidence.

Comments

Bopanna
 - 
Friday, 16 Sep 2016

\Educated Muslim youth \" ?
Madrassa education ????? Get ready to go meet your 72 virgins"

Bopanna
 - 
Friday, 16 Sep 2016

Terror has only one religion = Islam

Abdullah
 - 
Friday, 16 Sep 2016

The namo naresh who killed baliga was given bail.
The educated Muslim youths who didn't do any crime are convicted.
Wah re wah incredible RSS ruling India.

Deepak D
 - 
Friday, 16 Sep 2016

Who said terror does not have any religion. Anything or nothing can become a terror act if the arrested are Muslims. and any terror act can become nothing if the arrested are Sangh Parivar activists.

observer
 - 
Friday, 16 Sep 2016

Judge Murlidhar Pai a pakka RSS man.

Althaf
 - 
Friday, 16 Sep 2016

really injustice to the youths, how their family must be feeling about the injustice of india.

Nazir
 - 
Friday, 16 Sep 2016

Seriously shameful to our court. hoping of early release they accepted the guilty, for everything we should answer one day, that day will come soon to everyone.

Narain
 - 
Friday, 16 Sep 2016

this terrorists produced by Muslim's NGO's itself, they have to protect them from all the side. in every case this happens. their plan is to take compensation from govt. so they are pushing the case to so many years, in this 60% goes to this NGO's for protecting them, but in this case they failed to protect their children.

Mohan
 - 
Friday, 16 Sep 2016

this Muslim NGO's main job is this only first our court should punish this fellows for arguing against court decision.

Pran Kumar
 - 
Friday, 16 Sep 2016

Why naming Muslim youths? Terror dont have any religion.

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News Network
March 30,2020

Mangaluru, Mar 30: In continuing cases of tipplers in the southern states ending their lives due to non-availability of liquor during the lockdown, two men committed suicide in Karnataka's Dakshina Kannada district.

The two suicides were reported in Kadaba taluk on Saturday, police said.

Tomy Thomas (50), a rubber tapping labourer in an estate at Kutrupadi village of the taluk, was found hanging at his rented house on Saturday. Thomas, a native of Kottayam in Kerala, had joined at the estate here a month ago.

Local people said he was desperately moving around in the last few days asking about places where he can get liquor. He had also not reported to work in these days. The body has been kept at the mortuary of a hospital at Deralakatte.

In another incident, a 70-year old man, belonging to Kodimbala village in the taluk, allegedly hanged himself from the branch of a tree near his house at Nakur.

The deceased has been identified as Thomas, who had left his family here 30 years ago and had been working in Kerala. He had returned here only a few years back.

Sources said Thomas, an alcohol addict, was having health problems related to withdrawal. He has been living on pavements at Kadaba without going home.

Kadaba police has registered cases in connection with the two incidents.

Incidents of tipplers committing suicide have been reported in Kerala and Telangana in the past few days. Two men ended their lives in Kerala today while a 50-year old daily wage worker jumped to death from a building in Hyderabad on Friday.

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News Network
February 13,2020

Bengaluru, Feb 13: Veteran freedom fighter and advisor to the Karnataka Government in Education Reforms HS Doreswamy on Thursday has recommended Chief Minister BS Yediyurappa to make it mandatory for MLA and MLCs to adopt at least three govt Schools in their respective constituencies.

Mr Doreswamy appealed to the Chief Minister to implement the suggestion in the State budget for 2020-21 to be presented by him on March 5.

Addressing a press conference here, Mr Doreswamy, on the higher education sector, stressed the need to appoint highly qualified candidates for Vice Chancellor posts. There is no dearth of talent and eligibility in the State and authorities concerned must ensure that the right person is appointed by taking extreme care".

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Ram Puniyani
March 14,2020

In the wake of Citizenship Amendment Act (CAA) UN High Commissioner, Michele Bachelet, has filed an intervention in the Supreme Court petition challenging the constitutionality of the Citizenship Amendment Act, as she is critical of CAA. Responding to her, India’s Foreign Minister S. Jai Shanker strongly rebutted her criticism, saying that the body (UNHCR) has been wrong and is blind to the problem of cross border terrorism. The issue on hand is the possibility of scores of people, mainly Muslims, being declared as stateless. The problem at hand is the massive exercise of going through the responses/documents from over 120 crore of Indian population and screening documents, which as seen in Assam, yield result which are far from truthful or necessary.

The issue of CAA has been extensively debated and despite heavy critique of the same by large number of groups and despite the biggest mass opposition ever to any move in Independent India, the Government is determined on going ahead with an exercise which is reminiscent of the dreaded regimes which are sectarian and heartless to its citizens, which have indulged in extinction of large mass of people on grounds of citizenship, race etc. The Foreign minister’s assertion is that it is a matter internal to India, where India’s sovereignty is all that matters! As far as sovereignty is concerned we should be clear that in current times any sovereign power has to consider the need to uphold the citizenship as per the principle of non-discrimination which is stipulated in Art.26 of the International Covenant on Civil and Political (ICCPR) rights.

Can such policies, which affect large number of people and are likely to affect their citizenship be purely regarded as ‘internal’? With the World turning into a global village, some global norms have been formulated during last few decades. The norms relate to Human rights and migrations have been codified. India is also signatory to many such covenants in including ICCPR, which deals with the norms for dealing with refugees from other countries. One is not talking of Chicago speech of Swami Vivekanand, which said that India’s greatness has been in giving shelter to people from different parts of the World; one is also not talking of the Tattariaya Upanishad’s ‘Atithi Devovhav’ or ‘Vasudhaiva Kutumbkam’ from Mahaupanishad today.

What are being talked about are the values and opinions of organizations which want to ensure to preserve of Human rights of all people Worldwide. In this matter India is calling United Nations body as ‘foreign party’; having no locus standi in the case as it pertains to India’s sovereignty. The truth is that since various countries are signatories to UN covenants, UN bodies have been monitoring the moves of different states and intervening at legal level as Amicus (Friend of the Court) to the courts in different countries and different global bodies. Just to mention some of these, UN and High Commissioner for Human Rights has often submitted amicus briefs in different judicial platforms. Some examples are their intervention in US Supreme Court, European Court of Human Rights, International Criminal Court, and the Inter-American Court of Human Rights. These are meant to help the Courts in areas where UN bodies have expertise.

 Expertise on this has been jointly formulated by various nations. These interventions also remind the nations as to what global norms have been evolved and what are the obligations of individual states to the values which have evolved over a period of time. Arvind Narrain draws our attention to the fact that, “commission has intervened in the European Court of Human Rights in cases involving Spain and Italy to underscore the principle of non-refoulement, which bars compulsory expulsion of illegal migrants… Similarly, the UN has intervened in the International Criminal Court in a case against the Central African Republic to explicate on the international jurisprudence on rape as a war crime.”

From time to time organizations like Amnesty International and Human Rights Watch have been monitoring the status of Human rights of different countries. This puts those countries in uncomfortable situation and is not welcome by those establishments. How should this contradiction between ‘internal matter’, ‘sovereignty’ and the norms for Human rights be resolved? This is a tough question at the time when the freedom indices and democratic ethos are sliding downwards all over the world. In India too has slid down on the scale of these norms.

In India we can look at the intervention of UN body from the angle of equality and non discrimination. Democratic spirit should encourage us to have a rethink on the matters which have been decided by the state. In the face of the greatest mass movement of Shaheen bagh, the state does need to look inwards and give a thought to international morality, the spirit of global family to state the least.

The popular perception is that when Christians were being persecuted in Kandhmal the global Christian community’s voice was not strong enough. Currently in the face of Delhi carnage many a Muslim majority countries have spoken. While Mr. Modi claims that his good relations with Muslim countries are a matter of heartburn to the parties like Congress, he needs to relook at his self gloating. Currently Iran, Malaysia, Indonesia and many Muslim majority countries have spoken against what Modi regime is unleashing in India. Bangladesh, our neighbor, has also seen various protests against the plight of Muslims in India. More than the ‘internal matter’ etc. what needs to be thought out is the moral aspect of the whole issue. We pride ourselves in treading the path of morality. What does that say in present context when while large section of local media is servile to the state, section of global media has strongly brought forward what is happening to minorities in India.   

The hope is that Indian Government wakes up to its International obligations, to the worsening of India’s image in the World due to CAA and the horrific violence witnessed in Delhi.

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