1. It has transpired during the course of investigation that wanted accused Azam Chima, @Babaji, a Pakistani national, arrested accused Mohd Faisal Ataur Rehman Shaikh (A-3), Asif Khan Bashir Khan @Junaid (A-13) and others, conspired sometime in the year 1999 and thereafter, both within and outside India, to do and cause to be done the below mentioned illegal acts:
a. To wage war against the Government of India;
b. To collect men and explosives with the intention of waging war against the Government of India;
c. To overawe by means of criminal force the Government of Maharashtra and Government of India;
d. To terrorise the people in general and railway commuters in particular by indulging in wanton killings and destruction of property through bomb explosions in local trains, thereby disrupting Public Transport System in Mumbai, the economic capital of India;
e.To create instability in the State of Maharashtra and in India by the aforesaid subversive activity;
f. To shake and reduce the faith of the common citizen on it’s elected democratic government by large scale violence, destruction of lives and property and thereby destabilize the system of Government established by law;
g. To organize the spread of secessionist and rebellious thoughts through covert and secret meetings with like minded Muslim youths;
h. To exploit the communal sentiments of Muslims and to provoke them in the name of religion in order to resort to terrorist acts;
i. To collect money from across the border and by sale of provocative SIMI literature in India for achieving the objective of the criminal conspiracy;
j. To organize training camps in Pakistan in order to impart training to Indian Muslim youths in the handling and use of arms an explosives for causing the explosions;
k. To establish training camp in India too and organize training in the handling of arms and explosives to like-minded Indian Muslim youths locally;
l. To facilitate infiltration of Pakistani militants from across the Indian border along with explosives for causing the explosions;
m. to store and conceal such explosives at such safe places along with the Pakistani wanted accused for achieving the objective of criminal conspiracy;
n. To do and commit any other illegal acts as were necessary for achieving the aforesaid objective of criminal conspiracy;
o. To continue unlawful activities of banned organization ie SIMI and Lashkar-e-Toiba with an intention to promote enmity between different groups on grounds of religion prejudicial to the maintenance of harmony, incite individual or group of individuals to cause disaffection against India or Government of India or encourage or aid persons to undertake any unlawful activity like bomb explosions or of which the members undertake such activities.
p. To continue activities of organized crime syndicate, singly or jointly either as a member of a organized crime syndicate or on behalf of such syndicate, conspire, advocate, abet or knowingly facilitate the commission of an organized crime by use of violence or other unlawful means and promote insurgency by causing explosion in local trains in order to cause large scale loss to life and railway property.
2.That in pursuance of the aforesaid conspiracy, during one such meeting held in the month of May 2006 in the house of accused Mohd. Faisal Atur Rehman Shaikh (A-3) at Bandra (W), the plan to cause explosions in western railway local trains was finalized and the co-conspirators were assigned specific responsibilities. As a part of the conspiracy, wanted accused Azam Chima took the responsibility of sending RDX and Pakistan based terrorists, including those who would be experts to assemble the explosive devices. As a part of the conspiracy, accused Mohammed Majid Mohd Shafi (A-5) of Kolkatta and Kamal Ahmed Mohd Vakil Ansari (A-1) from Bihar were entrusted the responsibility of brining Pakistani terrorists into India through Indo-Bangladesh and Indo-Nepal borders respectively. It was also decided to assemble explosive device in the house of arrested accused Shaikh Mohammed Ali Alam Shaikh (A-6) in Govandi, Shivaji Nagar, Mumbai. Co-conspirator Asif Khan Bashir Khan (A-13) was entrusted with the responsibility of procuring Rexene bags, utensils, ammonium nitrate/nitrite; detonators etc. and make arrangements to send it over to the house of accused Shaikh Mohammed Ali Alam Shaikh (A-6) at Govandi, Shivaji Nagar, Mumbai. Arrested accused Sajid Margub Ansari (A-7) was entrusted with the responsibility of procuring timer electric circuitry and other relevant devices and keep it ready for the ‘D’ day.
3.That in pursuance of the aforesaid conspiracy and in order to achieve the object of conspiracy, in the month of May 2006, arrested accused Mohammed Majid Mohammed Shafi (A-5), an Indian national and residing in Kolkatta, made arrangement and ensured the infiltration of wanted accused and Pakistani nationals namely (1) Sabir, (2) Abu Bakr, (3) Kasam Ali, (4) Ammu Jaan, (5) Ehsanullah, (6) Abu Hasan into India through Bangladesh border. These accused persons traveled from Kolkatta to Mumbai by train. Similarly, in the month of May 2006, wanted accused namely (1) Salim, (2) Sohail Shaikh, (3) Abdul Razak and (4) Abu Umed illegally crossed over from Pakistan into India from Kutch border in Gujarat.
Accused persons namely (1) Salim and (2) Abu Umed (both dead) are Pakistani nationals while Abdul Razak is a resident of Hyderabad, Andhra Pradesh and Sohail Shaikh is a resident of Pune but now both are learnt to be settled in Pakistan. As a part of the same conspiracy, arrested accused Kamal Ahmed Vakil Ansari (A-1) made arrangements for all illegally escorted wanted accused Pakistani nationals (1) Aslam and (2) Hafizullah into India through Nepal border.
4.That in pursuance of the aforesaid conspiracy and in order to achieve the object of conspiracy, there is evidence on record to prove that wanted accused and Pakistani national Ehsanullah brought with him RDX that came to be used for causing explosions in Mumbai on 11.07.2006.
5.That in pursuance of the aforesaid conspiracy, the above-mentioned wanted accused illegally crossed over into India and came to Mumbai. The accused who crossed over from Bangladesh border were received by arrested accused Asif Khan Bashir Khan @ Junaid (A-13) and were housed and harbored in flat No. 304, Amrapali Apartments, Nayar Nagar, Mira Road, Thane. Similarly, wanted accused who crossed over into India from Kutch border, were provided safe house and harbored in Flat No 24, Lucky Villa building, Kant Wadi, Perry Cross Road, Bandra (W), Mumbai-400050 belonging to accused Mohd. Faisal Ataur Rehman Shaikh (A-3). The two wanted accused and Pakistani nationals, who illegally infiltrated into India through Nepal border and brought to Mumbai by arrested accused Kamal Ahmed Mohd Vakil Ansari, (A-1) were housed and harbored in flat No. 101, Saba Parveen Apartment, Pooja Nagar Road, Naya Nagar, Mira Road, Thane, belonging to accused Mohammed Sajid Margub Ansari (A-7). It has also come on record that as a part of the same conspiracy after the bomb blasts on 11.07.2006, accused Ethesham Kutubuddin Siddiqui (A-4), provide shelter and harboured wanted accused Pakistani nationals and co-conspirators by name (1) Ammu Jaan, (2) Sabir, (3) Abu Bakr, (4) Kasam Ali, (5) Ehsnullah and (6) Abu Hasan brought by Mohd. Majid Mohd Shafi (A-5), at 202, B Wing, 2nd floor, Moon Lit Apartment, Opp. Kalsekar College, Kausa, Mumbra, Thane. This is a house rented by arrested accused Abdul Wahid Din Mohammed Shaikh (A-8).
6. Investigation has disclosed that in pursuance of the aforesaid conspiracy, during the said period accused persons namely (1) Mohd. Faisal Ataur Rehman Shaikh (A-3), (2) DR Tanveer Ahmed Mohammed Ibrahim Ansari (A-2), (3) Suhail Mehmood Shaikh (A-10), (4) Zameer Ahmed Latifur Rehman Shaikh (A-11), (5) Muzzammil Ataur Rehman Shaikh (A-9) and (6) Ehtesham Kutubuddin Siddiqui traveled in western railway local trains between Mumbai and Virar in order to make a reconnaissance of the target. The conspirators decided to cause bomb blasts in the evening of a working day so as to cause maximum damage to the lives and property and also to strike against a symbolic institution of Government authority. The same was approved by the blast master-mind Azam Chima, top commander of Lashkar-e-Toiba and base don Bahawalpur, Pakistan. The act of causing bomb explosions was aimed at disturbing public peace and subverting the authority of Government established by law under the constitutional frame work of India. The above modus conforms to the professed ideology and agenda of Lashkar-e-Toiba. The Lashkar-e-Toiba has repeatedly claimed through its web sites that its main aim is to destroy the Indian Republic and annihilate Hinduism.
7.That in pursuance of the said conspiracy sometime in the month of April 2006, arrested accused (1) Ehtesham Kutubuddin Siddiqui (A-4), (2) Dr Tanveer Ahmed Mohd. Ibrahim Ansari (A-2), (3) Mohd. Faisal Ataur Rehman Shaikh (A-3) and (4) Naveed Hussain Khan Rashid Hussain Khan (A-12) went to the house of arrested accused Shaikh Mohammed Ali Alam Shaikh (A-6) and surveyed the surroundings.
8. That in pursuance of the said conspiracy and in order to achieve objectives of conspiracy, between 08.07.2006 and 10.07.2006 accused persons namely (1) Sajid Margub Ansari (A-7), (2) Sohail Shaikh, Pakistani national and one more unknown Pakistani national assembled seven explosive devices at Plot No.33, T. Line, Room No2, Shivaji Nagar, Govandi, Mumbai-43, house belonging to accused Shaikh Mohammed Ali Alam Shaikh (A-6) for planting into local trains. They were assisted, aided and abetted by various means by co-conspirators namely (1) Shaikh Mohammed Ali Alam Shaikh (A-6), (2) Dr Tanveer Ahmed Mohd. Ibrahim Ansari (A-2), (3) Ehtesham Kutubuddin Siddiqui (A-4), (4) Naveed Hussain Khan Rashid Hussain Khan (A-12), (5) Asif Khan Bashir Khan @ Junaid (A-13) and (6) Mohd. Faisal Ataur Rehman Shaikh (A-3).
9. Investigation has further disclosed that in pursuance of the conspiracy referred to above, wanted accused Azam Chima, a Pakistani national, and an office bearer of banned terrorist outfit Lashkar-e-Toiba, organized training camp in Pakistan for training of Indian Muslim youths in the handling and use of arms and explosives. For the said purpose, he sent money to India through various persons and means for funding travel of Indian Muslim youths, desirous of undergoing the said training, to Pakistan. During the course of and after the said training, Azam Chima include the trained youths to avenge the alleged. …Committed on Muslims in India by causing wide spread insurgent and terrorist activities by exploding/bombing financial nerve centers and causing mass damage to life and property thereby crippling the economy of the nation.
10. Between 1999 and 17.07.2006 wanted accused Azam Chima, through wanted accused Mohammed Rizwan Dawrey and Rahil Ataur Rehman Shaikh, sent money through various means to India to accused Mohd. Faisal Ataur Rehman Shaikh (A-3) for publishing jehadi literature, promoting anti-India sentiments and bearing expenditure for the travel of those Indian Muslim youths who were to be sent for training to Pakistan and escape of those who participated I the bombing operations with an intention to achieve the objectives of the larger conspiracy referred to above. After Mohd. Faisal Ataur Rehman Shaikh returned from Pakistan after receiving training, in March 2002, he received INRs. 1,80,000=00 through hawala transaction from wanted accused Azam Chima. In November 2003, Mohammed Rizwan Dawrey sent INRs. 50,000=00 to accused Muzzammil Ataur Rehman Shaikh (A-9). In February 2004, accused Mohammed Rizwan Dawrey and Mohd. Faisal Ataur Rehman Shaikh (A-3) sent INRs 1,00,000=00 through hawala. There is evidence on record that this amount was received by one Smt Khalida Iqbal Shaikh and handed over to accused Muzzammil Shaikh (A-9).In the same year and after about 3 to 4 months wanted accused Rizwan Mohammed Dawrey sent Saudi Riyals 14,000=00 to accused Muzzammil Shaikh (A-9). In the same year and after about 3 to 4 months wanted accused Rizwan Mohammed Dawrey sent Saudi Riyals 14,000=00 to accused Mohd. Faisal Shaikh (A-3). In April 2004, Rizwan Mohammed Dawrey and accused Mohd. Faisal Shaikh (A-3) sent Saudi Riyals 40,000=00 through hawala to Smt Khalida Iqbal Shaikh which was in turn collected by accused Muzzammil Shaikh (A-9). In the same month, accused Faisal Shaikh (A-3) sent INRs 10,000=00 to Smt Khalid Iqbal Shaikh, which was collected by accused Muzzammil Shaikh (A-9). Sometime in July or August 2004, accused Rizwan Mohammed Dawrey and accused Mohd Faisal Shaikh (A-3) sent INRs 20,000=00 to Smt Khalid Iqbal Shaikh for accused Muzzammil Shaikh (A-9). On 02.07.2006, Mohammed Rizwan Dawrey again sent Saudi Riyals 15,000=00 through one Hidaytulla Mehboob Sundke for accused Faisal Shaikh (A-3). Even after the explosions, on 14.07.2006, Mohammed Rizwan Dawrey sent Saudi Riyals 11,200=00 through one Afzal of Pune for handing over to Abdul Rehman Dawrey for onward handing over to accused Mohd. Faisal Shaikh (A-3). Saudi Riyals 15,000=00 mentioned above, have been taken charge of during the house search of accused Mohd Faisal Ataur Rehman Shaikh (A-3) at Bandra (W), Mumbai on 28.07.2006. Saudi Riyals 11,200=00, sent by accused Rizwan Dawrey as stated above, could not be delivered to accused Mohd Faisal Shaikh (A-3) as accused Mohd. Faisal Shaikh (A-3) was arrested prior to the delivery of the said amount. This amount was taken charge of on 30.07.2006 from Shri Abdul Rehman Dawrey, brother of wanted accused Mohammed Rizwan Dawrey. The amount mentioned above and received by the conspirators, was used by the accused to send others to Pakistan for training and other purposes for achieving the larger goal of conspiracy as well as for facilitating the escape of those who participated in the bombing operation. As a part of the conspiracy and with a view to gain respectability and status some of the co-conspirators fraudulently obtained forged and fake degree/education certificates using which they got gainfully employed even in foreign countries, ostensibly for the purpose of raising funds for the organized crime syndicate and/or for the purpose of siphoning funds from foreign countries for achieving the larger goal of conspiracy.
Image: Bollywood actors at a peace march in Mumbai. Photograph: Rajesh Karkera.
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