STATE TIMES NEWSJAMMU: Special Judge National Investigation Agency (NIA) Subash C Gupta on Tuesday framed charges against Mohammad Iqbal Rather and Riyaz Ahmed Nengroo, Jaish-e-Mohammad (JeM) supporters, in the much publicised Kakryal Forest terrorist attack case. As per NIA case, the aforesaid accused are the supporters and associates of JeM, a proscribed terrorist organization and were in constant touch with its leadership/ handlers based and operating from Pakistan through social media such as WhatsApp, Telegram, Facebook, etc and in pursuance of the earlier hatched criminal conspiracy in Pakistan to wage war against Govt of India and to perpetuate the terrorist activities by making attacks on civilians and security forces with a goal to disrupt the sovereignty, integrity and security of India and in order to accomplish these nefarious designs of the organization, Mohammad Iqbal Rather and Ashiq Ahmed Nengroo on September 12, 2018 at about 4.30 AM, received the three unknown Pakistan trained terrorists equipped with heavy arms, ammunition, explosive and other war like articles of aforementioned banned organization at Bain Bridge on Jammu -Pathankot National Highway, who earlier, on the intervening night of 11th/12th of September, 2018, infiltrated into Indian territory from International Border with the help of handlers of JeM in Pakistan and get boarded them in the truck having Reg. No. JK03F-1476, already loaded with 900 bags of wall putty and set out towards Jammu- Srinagar. In order to conceal the identities of the aforementioned infiltrated terrorists, the afore-named accused purchased new clothes for them. On September 12, 2018, again, they started journey in the afore-referred truck, being driven by the accused- Ashiq Ahmed Nengroo and on reaching near Ban Toll Plaza, accused- Riyaz Ahmed Nengroo replaced him and shifted him to Alto Car (JK 13C-6016) which started following the truck for safe crossing towards Kashmir Valley. However, on interception of the truck by the police at Sai Cafeteria near Jhajjarkotli Bridge, the three unknown boarding terrorists started firing as a result, a guard belonging to Sericulture Department got injured. In the process of firing, the terrorists fled towards Kakryal Forest. On September 13, 2018, in the encounter with the police and security forces, all the three unknown terrorists of JeM were killed/neutralized, at village Dhirthi, whereas, three army, five CRPF and four police personnel got seriously injured in the encounter. After the encounter, huge cache of arms, ammunition, explosive and other war like articles were recovered from the possession of the slain terrorists. After hearing both the sides, the Special Judge NIA observed that cognizance cannot be taken in the present matter by this court for the commission of offences under Sections 120-B and 121-A of Ranbir Penal Code, in absence of the complaint of the District Magistrate, Reasi as defined in 4 (e) of Code of Criminal Procedure and of the procedure for preliminary investigation as provided under the relevant provisions of 196-B of Code of Criminal Procedure. “Accordingly, they are discharged for the commission of afore-referred offences”, the court observed and added that after deep analysis of the allegations as proved by the Investigating Officer (IO) against the accused, delineated in the charge sheet of NIA filed in terms of Section 173 of Code of Criminal Procedure, sufficient grounds are existing for drawing presumption that the accused Mohammad Iqbal Rather and Riyaz Ahmed Nengroo, prima facie have committed offences in case RC-29/2018/NIA/Jammu under Sections 307 of RPC, 7/25 & 35 Arms Act, 4/5 Explosive Substance Act, 13,18,19,20,21,38 & 39 UA(P) Act, 6 (1A) of the Indian Wireless Telegraphy Act, 1933 & 14 (c) Foreigner Act read with Section 120-B of RPC. “Accordingly, charges are being framed against them”, the NIA Court held.
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