GHULAM NABI Vs. STATE

JUDGEMENT

(1.) EIGHTEEN persons by name Ghualam Nabi Bazaz, Rashid Mir, Iqbal Bhat, Mohy Din Pandit, Gulam Mohd Kar, Ali Mohd Vakil, Sh. Iftikhar Ahmad, Dost Mohd. Khan, Gani Magre, Sadiq Bat, Aziz Bat, Ghulam Ahmad Karnayi. Q. Gulam Hassan, Ahmad Bhat Tangaban, Karam Din, Sultan Bat, Rasul Khan and Ghulam Naqi have been convicted by the learned Special Judge, Srinagar for offence under Section 3 of the Enemy Agents Ordinance, and Sections 4, 5 and 6 of the Explosive Substances Act and also under Section 120-B, Ranbir Penal Code. They have been sentenced to various terms of imprisonment. There were about 37 accused in this case out of whom 13 accused are absconding. Two have turned approvers. The remaining 22 were sent up for trial, out of whom four namely Inayat Ullah Khan, Raja Habib Ullah Khan, Mohy Din Pukhta and Dr. Abdul Majid have been acquitted.

(2.) THE case for the prosecution has arisen out of the following facts: It is alleged that one Maraj Din Pandit, who is accused No. 25 in the Challan, was league minded and wanted some how or other to bring about the failure of Indian troops operating in Kashmir. This he hoped to achieve by creating as much of internal turmoil as was humanly possible for him to do and thereby he hoped to create what has been termed as an internal front so as to facilitate the coming in and contribute to the success of the Pakistan invaders. With this object in view he is said to have acted as the master mind in the organisation of a conspiracy which it is alleged by the prosecution was given a practical shape in the month of Baisakh 2005, when accused Nos. 1, 2, 3, 4, 5, 6, 7, 23, 26, 27, 28, 29, 30, 31 and 32 assembled at his house for formulating a programme and giving a practical shape of the ideas harboured by Maraj Din. It is alleged that in this meeting it was resolved that a centre be opened where Muslims of the League persuasion would be given training in the use of daggers and dangs. Besides that, not being content with these homely weapons, it was further decided that steps be taken for the importation of arms and ammunition from the Pakistan side. Narpur Gali from the Badgam side and Tutmar Gali from the Handwara side were chosen as routes for importation of arms and ammunition. Two batches, one consisting of accused Jahangir (No. 26), Mohd. Maqbool Sheikh (No. 27), Rashid Mir (No. 2) and Iqbal Bhat (No. 3) and the other of accused Ali Mohd. Vakil (No. 6), Ehsan Ullah (No. 31), Atta Ullah (No. 30), Ghulam Mohd. Kar (No. 5) and MohuuD/- in Pandit (No 4) were selected for operating on the Badgam and Handwara sides respectively

(3.) WHILE disaster overtook the conspirators on Badgam side, the Handawara party was well on its mission. The Handawara party was headed by Ali Mohd. Vakil accused No. 6. He took into his confidence one Ghulam Ahmad Ganai who later on turned as approver. Both of them went to the house of Rajas of Zachaldara, namely Rajas Inayatullah, Habibullah, Ehsanullah, and Attaullah (accused Nos. 14, 15, 30 and 31). With the Rajas Ali Mohd and his party had a free and frank discussion about the aims and objects of the conspiracy. The discussion having lasted for the whole night, on the succeeding morning Ali Mohd, Raja Atta Ullah, Aziz Sheikh and Ahmad Tangaban (accused Nos. 6, 30, 33 and 16) went to see Brigadier Khalid of the Pakistan Army. After three days Ali Mohd came back, bringing with himself a box containing hand grenades and a letter for one Abdul Ghaffar of Amira Kadal in which the later was asked to hand over the wireless set to Ali Mohd Vakil. Ghulam Ahmad Ganayi approver was instructed that the box should be sent over to Meraj Din through Mohy Din Pandit. For some time this box remained with Aziz Sheikh (accused No. 33) and Mohd Khan (accused No. 35) wherefrom it was brought by them to Gamapura and kept there with Q. Ghulam Hassan (accused No. 13). Finally this box reached the house of one Ghulam Ahmad Karnayi (No. 12) at Doabgah. To avoid unnecessary suspicion, Ali Mohd Vakil, Merah Din and others decided that this box should not be carried to the town of Sopore and, therefore, it was sent across the river to Sangrama road and was carried there by Shaban Tantre, a servant of Ghulam Ahmad Karnayi. From there Ali Mohd, Meraj Din and two other men got it to Srinagar. The car in which Mehraj Din had gone to Sopore was out of order and it was through one Mistri Ali Mohd, who was carried from Srinagar to the house of one Ali Mohd Hajam, that the car was repaired. At Srinagar Meraj Din opened the boxes and found 12 hand grenades in it, out of which one was kept by him with himself and the remaining 11 were kept with Sultan Bhat accused.