New Delhi, Dec 25 (PTI) A Delhi court has discharged two persons who were accused of conspiring to revive the banned Students Islamic Movement of India (SIMI) and Indian Mujahideen (IM), saying that the prosecution
failed to make a prima facie case against them.
Additional Sessions Judge Amit Bansal was hearing a case against Abdul Subhan Qureshi alias Abdus Subhan alias Tauqueer and Ariz Khan alias Junaid alias Salim in a case under Sections 18 and 20 of the Unlawful Activities (Prevention) Act (UAPA) and Section 120B (criminal conspiracy) of the IPC.
In an order dated December 20, the court noted that the chargesheet primarily relied on disclosure and confessional statements allegedly made by the accused while in police custody, which are inadmissible in evidence in the absence of any recovery or discovery of facts.
"There is absolutely no admissible material on record in the chargesheet of the present case to show or raise a grave suspicion against both the accused persons that they entered into a conspiracy to revive activity of banned terrorist organisation SIMI and IM in India or that they were members of the said banned terrorist organisations," the court said.
Noting that there was no sufficient material on record to frame the charge against the accused persons, the court discharged them.
"Both the accused persons, namely, Abdul Subhan Qureshi alias Abdus Subhan alias Tauqueer alias Abdul Rehman (accused 1) and Ariz Khan alias Junaid alias Salim (accused 2) are accordingly discharged in the present case for the offences punishable under Sections 120B (criminal conspiracy) IPC and 18/20 of the UAPA," the judge said.
Sections 18 and 20 of the Unlawful Activities (Prevention) Act (UAPA) deal with terrorist activities and membership in terrorist organisations.
The prosecution claimed that the accused were senior cadres of SIMI and IM and were part of an international conspiracy involving meetings in foreign countries to rejuvenate sleeper cells in India.
However, the court observed that the list of other criminal cases and chargesheets against the accused could not, by itself, justify framing of charges in the present case.
The court ordered the immediate release of both accused from judicial custody, if they were not required in connection with any other case.
The case was lodged by the Special Cell of the Delhi Police. The case stems from intelligence gathered after a 2014 blast in Bijnor.
Both were arrested after intelligence agencies informed that 5-6 members of SIMI and Indian Mujahideen were organising meetings out of country in Pakistan, Kingdom of Saudi Arabia and UAE, to revive its cadres in India again.
It was also alleged that Abdul Subhan was one of the main conspirator for reviving SIMI and IM in India again. PTI SKM MNR SKY
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