- (1.) This Appeal under section 19 of the Terrorist and Disruptive Activities (Prevention) Act 1987 (hereinafter referred to as the Act) challenges the judgment and order dated 02.03.2009 passed by the third Additional Sessions Judge i.e. the Designated Court under the Act in File No. 26/Challan, acquitting the respondents of the offences under sections 3 and 4 of the Act, section 120-B read with sections 302, 307 and 34 of Ranbir Penal Code and sections 4 and 5 of the Explosives Substances Act, 1908 arising out of FIR No. 12 of 1995.
(2.) On the occasion of celebration of Republic Day on 26.01.1995 at about 10:20 a.m. in Maulana Azad Memorial Stadium, Jammu, General KV Krishna Rao, Governor of Jammu and Kashmir was addressing a huge gathering of about 40,000 people including high dignitaries, VIPs, Senior Officers of the Govt., leaders ofpolitical parties and respectable citizens when three powerful bomb explosions took place at the site of public address system, near the dais and on the main road, outside the stadium resulting in killing of eight persons, and in causing grievous injuries to eighteen persons and disruption of the celebrations. Soon after the incident FIR No. 12 of 1995 dated 26.01.1995 of PS Nowbad, Jammu (J&K) relating to said bomb blasts was registered. At the request of the Government of Jammu and Kashmir, the investigation was transferred to Central Bureau of Investigation (C.B.I.) vide notification dated 31.01.1995 and Regular Case No. RC1(5)/95-SIUV was registered in CBI on 31.01.1995.
(3.) After investigation was taken over by CBI, one Mohd. Irfan was arrested on 07.04.1995. On 09.04.1995 he made disclosure statements leading to certain recoveries. On 24.04.1995 said Mohd. Irfan made a confessional statement which was recorded by PW2 Sharad Kumar, S.P. CBI, under section 15 of the Act, inter alia, to the following effect: a) Accused Mohd. Irfanalong with Maj Tariq of ISI, Pakistan, Ahmed Hassan, Commander of HM, Muzaffarabad, Mebhoob- ul-Haq, Commander of HM, Sialkot, Amir-ul-Haq, Naib Commander, HM and Zia Kashmiri and others unknown had assembled in the office of Jamait-e-Islami, Model Town, Sialkot, Pakistan on 26.12.1994 and hatched a conspiracy to kill Governor, J&K, Senior officers of the Government and other persons with a view to strike terror in Jammu city on the occasion of Republic Day Celebrations. In furtherance of the said conspiracy, accused Mohd. Irfan, Menboob-ul-Haq and Ahmed Hassan visited the office of ISI situated near village Langaryali, Sialkot Cantt. Pakistan on 26.12.1994 and held a meeting with Major Tariq, Major Ibrahim, Captain Farhan, Subedar Anwar of ISI, Pakistan and Wasim Ahmed @ Hamid S/o Jallaluddin Malik R/o Asthan Mohalla, Kishtawar, J&K and hatched the plan. In order to achieve the object of the aforesaid criminal conspiracy, they decided to carry two pre-set time bombs across the border to Jammu for planting the same, one near the dais and the other near the pavilion of MAM Stadium Jammu and deputed Mohd. Irfan and Ghulam Nabi for this task. b) On 23.12.1994 in the ISI Office, Sialkot at 11:00 a.m. Mohd. Irfan and Wasim Ahmed were imparted knowledge about the bombs and their functioning and operations, which were to be planted in the MAM Stadium. They were also issued instructions to protect the bombs from water and to plant them in the Stadium after the night would set in, to take two detonators for each bomb, to carry the Khurpa for digging the pits, and not to leave any clue of the planting of the bombs at the site. They were also told that the bombs were pre set so to explode at the time of the Republic Day function on 26.01.1995. Capt. Farhan gave Rs. 3,000/- each to Mohd. Irfan and Wasim Ahmed and Rs. 2,000/- to Ghulam Nabi in Indian Currency and also a sack to Mohd. Irfan wherein he put his boots, trouser, khurpa and pistol. Major Ibrahim provided one time bomb of 5 Kg each to Mohd. Irfan and Wasim Ahmed duly wrapped in black polythene and green coloured sacks. All of them left ISI Office, Sialkot and reached Check Post Jhumian at about 10:00 p.m. on 28.12.1994. Subedar Anwar and Mahboob-ul-Haq returned to Sialkot, while Mohd. Irfan, Wasim Ahmed and Ghulam Nabi crossed the border and entered into Indian Territory concealed the bombs and khurpa near River Tawi, outside Jammu city. c) On 30.12.1994 Mohd. Irfan, Wasim Ahmedand Ghulam Nabi went to a park where Ghulam Nabi stayed behind while Mohd. Irfan and Wasim Ahmed went to MAM Stadium where Wasim Ahmedpointed out to Mohd. Irfan a place near the dais and also place inside the fenced area of north Pavilion where bombs were to be planted. On 30.12.1994 at about 7:45 p.m., Mohd. Irfan and Wasim Ahmed took out two explosive devices and khurpa and left for MAM Stadium leaving Ghulam Nabi there. Both carried one explosive device each and entered into the stadium along with 'khurpa'. Inside the stadium, they connected detonators and batteries to the device and planted two explosive devices; one near the dais and other near the fenced area of the Northern Pavilion after digging the pits for each bomb. After planting the bombs, they filled both the pits with earth and made shoe marks thereon to avoid suspicion. Thereafter, both left for Tawi Bridge. Mohd. Irfan concealed the 'khurpa' in the bushes near Tawi Bridge. Thereafter, both Mohd. Irfan and Wasim Ahmed contacted Ghulam Nabi and all three reached Pakistani Check Post Jhumian after crossing the international border from where they were taken to the ISI Office Sialkot. Maj. Tariq, Maj. Ibrahim, Maj. Aamir, Capt. Farhan praised Wasim AhmedandMohd.Irfanfor accomplishing the task. As desired by Captain Farhan, Subedar Anwar paid Rs. 5,000/- to Mohd. Irfan for the work done by him. d) On 03.01.1995 said Mohd. Irfan and Wasim Ahmed were again deputed by Mahboob-Ul-Haq to plant one time bomb of 10 Kg. and two bombs of 5 Kg. each outside MAM Stadium, Jammu and pursuant thereto they dug a pit on the main road leading to that stadium and put the bomb weighing 10 Kg. on 09.01.1995. The other two bombs of 5 Kg. each could not be put because of rains, which bombs were then concealed near Tawi River. e) On 26.01.1995 Mohd. Irfan, Mahboob-ul-Haq, Aamir-ul-Haq, Amzad and 2/3 other Kashmiri boys were present in the office of Jamait-e-Islami, Sialkot. They had waited for the news of bomb explosions, killing of VIPs and general public in Jammu. At about 12 noon they received news about the explosions in MAM Stadium, in which lot of persons had been killed and several other injured. After the incident, Maj. Tariq, Capt. Farhan, Subedar Anwar called Mohd. Irfan, Wasim Ahmed and Mahboob-ul-Haq to ISI Office, Sialkot and praised them for planting the bombs and declared that their mission had been successful even though the Governor of J&K had providentially escaped. On 30.01.1995 Mohd. Irfan, Wasim Ahmed and Mahboob-ul-Haq visited office of Jamai-e-Islami, Muzaffarabad and met Salauddin, Chief of the Hizbul Mujahideen who declared that their mission was to spread terrorism in J&K which got fulfilled with the bomb explosions in MAM Stadium. Salauddin awarded one shield and Rs. 10,000/- each to Mohd. Irfan and Wasim Ahmed.;