Lal Singh Vs. State of Gujarat & Anr [2001] Insc 9 (9 January 2001)

M.B.Shah, S.N.Phukan Shah, J.

L.J

After trial in TADA Case Nos.2/93, 7/93 and 2/94, by judgment and order dated 8th January, 1997, the Designated Judge, Ahmedabad (Rural) at Mirzapur, Ahmedabad, acquitted 16 accused and convicted 5 accused, appellants herein, namely, A1 Lal Singh, A2 Mohd. Sharief, A3 Tahir Jamal, A4 Mohd. Saquib Nachan and A20 Shoaib Mukhtiar. The appellants were convicted for the offences punishable

(1) under Section 3 (3) of Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as TADA Act) and sentenced to suffer life imprisonment and to pay a fine of Rs.10,000/- each and in default to suffer R.I. for 6 months;

(2) under Section 120B (1) of IPC and sentenced to suffer R.I for 10 years and to pay a fine of Rs.5000/- each, in default to suffer R.I. for 3 months. They were further convicted for the offence punishable under Section 3(3) of TADA Act read with Sec. 120B IPC but no separate sentence was awarded. Accused No.1 was additionally convicted for the offences punishable

(1) under Section 5 of TADA Act and sentenced to suffer life imprisonment and to pay a fine of Rs.10,000/-, and in default to suffer R.I. for 6 months; and

(2) under Section 5 of the Explosive Substances Act, to pay a fine of Rs. 5000/- in default to undergo R.I. for 3 months;

(3) under Section 25(1A) of the Arms Act and sentenced to suffer R.I. for 7 years and to pay a fine of Rs.5,000/- and in default to suffer R.I. for 3 months. No separate sentence for A-1 under Section 3(3) of TADA Act, Section 5 of Explosive Substances Act read with Section 120B IPC was passed. All sentences were directed to run concurrently.

Against the said judgment and order, A1 Lal Singh has filed Criminal Appeal No.219/1997, A2 Mohd. Sharief has filed Criminal Appeal No.1409- 1411/1997, A3 Tahir Jamal has filed Criminal Appeal No.407-409/1997, A4 Mohd. Saquib Nachan has filed Criminal No.244/1997 and A20 Shoaib Mukhtiar has filed Criminal Appeal No.294/1997.

In all, twenty one accused were tried jointly before the trial court on the charge that they alongwith 13 named absconding accused and some unknown Sikh militants hatched criminal conspiracy in India and abroad for subversive and terrorist activities in India and for facilitating creation of Khalistan and liberation of Jammu and Kashmir by violent means during the period between September, 1988 to July, 1992; accused no.1 Lal Singh visited Pakistan on fake Pakistani passport and contacted Inter Service Intelligence (ISI) officials of Pakistan for smuggling of arms, ammunitions and explosives and money for terrorist activities into India; accused No.2 is Pakistani national and ISI agent; accused nos.1 and 2 alongwith Sajjad Alam Raja (absconder) unlawfully indulged in subversive activities, created an organization at Lahore (Pakistan) for liberation of Kashmir and its merger with Pakistan, creation of Khalistan in India by striking terror in people or section of people or to adversely affect the harmony amongst different sections of people, creating hideouts at various places in India with the help of A4 and A20; accused No.2 along with accused No.1 and some unknown Pakistani smugglers facilitated the smuggling of several consignments of arms, ammunitions and explosives into India from Pakistan by illegal means during 1991; A1, A2 and A20 along with some absconders conspired to strike terror by violent means to eliminate BJP/Hindu leaders/police officers and for that purpose procured fire-arms, ammunitions and explosives;

accused no.3, 4 and 20 with the help of other accused created hideouts for accused no.1 for intensifying terrorist activities and for arranging transportation; accused no.1 alongwith accused Devendrapal Singh alias Deepak (absconder) while staying at Ahmedabad was in constant touch with accused Gurjit Singh Dhaliwal alias Pal alias Sharma (absconder) in USA. He coordinated the terrorist activities in India on telephone and that at the behest of accused persons huge quantity of arms, ammunitions, explosives and other articles were recovered and found to be in working order, which were of foreign make and sufficient to cause explosions.

According to prosecution, in the year 1984 the terrorism had gone beyond limits and therefore, blue star operation was performed. Just to oppose the action of blue star operation, the dissatisfied and angry Sikh youths started creating disharmony amongst two major groups of Hindus and non-Hindus. I.S.I. of Pakistan started instigating Indian Muslim and Sikh youths for this purpose.

ISI contacted certain youngsters in India, who were the members of one organization named SIMIan institution for the purpose of cultural and religious activities amongst Muslim youngsters and to follow the principles of Holy Kuran and to live the life guided by Holy Kuran. For this purpose, ISI took help of Mr. CMA Bashir (absconding) of Kerala having close connection with SIMI. As the area of Punjab and J&K was not safe for the above activities, they chose certain borders of Gujarat and Rajasthan. Accused no.2a Pakistani National and ISI agententered into India for getting information regarding defence base of India situated at Ambala, Punjab, J&K and for collecting other inside information in connection with defence personnel and army position in India. For this purpose he contacted accused nos.1, 3 and 4. Accused no.1 and 2 were active in furtherance of their conspiracy. They entered into India, lodged at different places in order to achieve the goal.

Both of them created contacts in India with accused no.20 at Aligarh and accused nos.3 and 4 at Bombay. Accused no.1 and 2 visited various places of India including Ahmedabad and Bombay in their fake names. The modus operandi of these two accused persons was to have their activities under false identity. In December, 1991 both the accused reached at Aligarh where they started their activities. Their targets were to create hideouts, to have their own agents, to have their contacts with agents in Pakistan, UK, Canada etc. and to have hideouts elsewhere. It is stated that A1 and A4 visited Madras to survey the stock exchange building to find out the possibility of bomb blast there. It is further stated that accused persons were using various types of vehicles according to their requirement and convenience.

Out of those vehicles, one jeep and scooter were recovered from Ahmedabad and one gypsy was recovered from Bombay.

During interrogation of accused No.1, two hideouts of accused persons at Ahmedabad came to be known and raid of these hideouts resulted into recovery of arms and ammunitions. At both the hideouts, they were living under different identities. It is further stated that A1 to A4 and A20, in their respective confessional statements, corroborate with each other on various points and items of conspiracy. The statements lend support to prove the conspiracy. The evidence against A3, A4 and A20 shows that they were helping and abetting A1 and A2 in common design.

It is further case of the prosecution that accused No.1 Lal Singh was arrested in the morning of 16.7.92 at Dadar Railway Station while he was alighting from a train.

His arrest was shown in RC5/92 in which final report was submitted as no case is made out. For the present case, it is the prosecution story that Mr. Hiralal, the Commissioner of Police, Baroda (Gujarat) got information that one terrorist Inder Pal Singh alias Lal Singh along with other associates was arrested by Bombay Police and the arrested terrorist Lal Singh confessed regarding conspiracy hatched for kidnapping of grand-daughter of V.V.I.P. from Pune and that main leaders were operating from Baroda and other cities of Gujarat. The Commissioner of Police entrusted the work of verifying the said information to Mr. Anopkumar Singh, DCP (PW10). It was decided to send ASI I.C. Raj, PW9 of Chhani Police Station, Baroda working under Mr. Anopkumar Singh, to Bombay for interrogating Inderpal Singh and his associates. After contacting the Police Commissioner, City of Bombay, on 23rd, 24th and 25th July, 1992 ASI Mr. Raj interrogated accused Lal Singh. He was sending information every day with regard to the interrogation to DCP Mr. Anopkumar Singh. On 24th July, 1992 on the basis of interrogation, information was conveyed at Baroda with regard to large scale arms and ammunitions stored at certain premises at Ahmedabad. On receipt of the said information, Mr. Anopkumar Singh rushed to the Commissioner of Police, Baroda. Further, the D.G. Police of Gujarat State was informed immediately on telephone about the said information. The C.P. Baroda also talked about the information with Mr. Surolia, DCP Ahmedabad (PW103).

The information was received at night time on 24th July, 1992 and PW7 ASI T.A. Barot located the two premises, namely, Flat No. C-33, Paresh Apartments situated at Narayanagar Road, Paldi and House No.4-A, Usman Harun Society, Juhapura at Ahmedabad and raids were carried out on 25th July in the morning. During raids, large quantity of arms, ammunitions and explosives were recovered from the said premises. The Ahmedabad police was investigating the crime but considering its seriousness, on 31st July, 1992, the State Government gave consent for investigation by the CBI. On 4th August, 1992, Central Government notified that investigation be carried out by the CBI. The CBI registered the case as RC-6/92, carried out the investigation and also recorded confessional statements of the accused. Finally, after completing the investigation accused were charge-sheeted and tried by the Designated Judge at Ahmedabad.

To prove the charges, the prosecution examined 136 witnesses during the trial and relied upon various documents including confessional statements recorded during investigation.

All the accused persons abjured their guilt, pleaded innocence and stated that they have been falsely implicated in this case. Accused no.1 Lal Singh has stated that he left India in the year 1991 and returned to India in the year 1992 and when he was at Bombay, he was arrested at Dadar Railway Station. He has denied all the allegations levelled by the prosecution and stated that during his arrest his signatures on blank papers were obtained forcefully and that he never gave any confessional statement. During police lock up, he was tortured, his tongue was cut and was injured on the head. The Doctor was required to take 12 sutures on his head injury. It is his say that when he was arrested at Dadar Railway Station at the ticket counter, he was having 350 American dollars and 15 to 16 thousand Indian currency notes. He has disputed the date and time of his arrest.

Accused no.2 Mohd. Sharief admitted that he is a Pakistani National and is Ahmadi Muslim. He has also denied all allegations levelled by the prosecution and stated that during his arrest his signatures on blank papers were obtained forcefully and that he never gave any confessional statement. He has stated that the Pakistan Govt. declared Ahmadi Muslim Community as non-Muslim Community. His father died because of torture exercised by extremist Muslims of Pakistan. He has further stated that Indian Government had sponsored one conference of Ahmadi Muslims at Gurudaspur, Punjab. He wanted to settle at Germany and, therefore, he contacted one Ch. Avtar Ahmad in India for making arrangement for going to Germany. When he was at Delhi Airport and was preparing to leave for Germany via Moscow, he was stopped and later on arrested. From August 1992 till July 1993, he was confined at Lal Quila, Delhi. He was tortured and his signatures were taken on blank papers.

Because of threats given by the C.B.I. Officers, he had not disclosed the story of torture when he was produced before the Court. He refused to identify other accused. He also denied to have visited India except in August 1992.

Accused No.3, Tahir Jamal also refused of having any relation with any of the accused. He stated that during the period of remand, no specimen writings were taken from him.

Accused No.4, Saquib Nachan has stated that he was arrested from his village. He has also denied all allegations levelled by the prosecution and stated that during his arrest his signatures on blank papers were obtained under pressure and torture. Accused No.20, Shoaib Mukhtiar has stated that he was arrested from Aligarh. C.B.I. officers took his signatures on blank papers after torture and beating him severely. With regard to the evidence of Azim Varasi, PW87, he has stated that witness was his friend but afterwards their relations became enemical. This happened because he was not ready to marry with the sister of Azim Varasi and further there was some quarrel between them on account of money.

It is not necessary to narrate the defence of rest of the accused who are acquitted.

After appreciating the entire evidence at great length, the learned Designated Judge convicted the aforesaid five accused and gave benefit of doubt to remaining sixteen accused. The Court arrived at the conclusion that the prosecution has proved that: 1. the muddamal arms, ammunitions and explosives produced before the court were recovered on 24.7.92 from C-33, Paresh Apartments and 4-A, Usman Harun Society and the same were recovered on the basis of the information given by the accused no.1 during his interrogation;

2. the link between accused no.1 and absconding accused Manish Agrawal with the premises C-33, Paresh Apartments and/or 4-A of Usman Harun Society and the above two premises or any of the two was used as hideout by accused no.1, absconding accused Manish Agrawal alias Dipak or any of the accused named in the charge-sheet;

3. in pursuance of criminal conspiracy, absconding accused Devendrapal Singh alias Manish Agrawal alias Dipak reached to Ahmedabad in April, 1992 with Rs.2,00,000/- to 3,00,000/- and stayed with accused no.1 in a hired flat no.C-33, Paresh Apartments and in a purchased bungalow no.4-A, Usman Harun Society;

4. for the convenience of the conspirators and for transporting the firearms, ammunitions and explosives, accused no.1, absconding accused Devendrapalsingh alias Manish Agrawal alias Dipak and Dahyasingh Lahoria alias Vijay Pahelvan purchased a Maruti Gypsy No.MH-01-8942 of blue or sky blue colour and a Mahindra Jeep No.MH-04-A2114 from Bombay and these vehicles one after another were put to the disposal of accused no.1 at Ahmedabad;

5. the scooter bearing no.GJ.1.P.9485 was purchased in the name of Ashok Kumar Khanna (accused no.1) from Arvish Auto of Ahmedabad and the same was found on 24.7.92 in the compound of B.No.4-A, Usman Harun Society;

6. accused nos.1 and 2 had entered into India from Pakistan through entry point Bombay Airport in the name of Chaudhari Mohmad Iqbal and Manzoor Ahmad respectively as Pakistani Nationals on 11/12.12.91;

7. their visits at various places in furtherance of criminal conspiracy hatched by A1 to A4 and A20:

(i) the visit of accused nos.1 and 2 at Aligarh and their stay at Aligarh in the month of December, 1991 or round about;

(ii) the visit of accused nos.1 and 20 at Bombay as alleged;

(iii) the visit of accused nos.1 and 4 at Ahmedabad and their stay in hotel Sidhdhartha Palace and the stay of accused no.1 in hotel Royal and/or hotel Butterfly at Ahmedabad;

(iv) the visit of accused no.1 and absconding accused Mushahid under assumed names of K. Kumar and M. Husain respectively to Bombay on 30.6.92 and their contacts with accused no.4 to plan out about the bomb blast in Stock Exchange Building at Madras;

(v) the visit of accused no.1 and absconding accused Mushahid Husain to Hotel Balvas International in the names of Murtuzakhan and Anwar;

(vi) the visit of accused nos.1,4 and absconding accused C.A.M. Bashir to Madras on 2.7.92 as alleged and the stay of accused nos.1 and 4 in hotel New Woodland, Madras;

(vii) the visit of accused nos.1,4 and absconding accused C.A.M. Bashir of Stock Exchange Building, Madras on 3.7.92 and the return journey to Bombay on 4.7.92; and

(viii) the visit of accused nos.3,4 and absconding accused Mushahid Husain to Pakistan in the year 1991.

8. accused no.1 had brought 3000 US dollars and Rs.20,000/- in Indian currency and accused no.2 brought 3000 US dollars and Rs.30,000/- in Indian Currency when they entered into India in December, 1991 and ultimately reached to Aligarh;

9. accused no.2 came to India sometimes during March, 1991 to establish contacts with Kashmiri or Sikh Militants for terrorist activities. He again came to India sometimes during October, 1991 to set up hideouts and contacted accused no.1 on phone at Lahore (Pakistan) and after creating base and hideouts, he left for Pakistan;

10. accused no.3, 4 and absconding accused CAM Bashir contacted absconding accused Amir-ul-Azim at Bombay to create hideouts for accused no.1 at Ahmedabad for storing the firearms, ammunitions, explosives etc. and accused no.3 collected 1700 American dollars and subsequently received Rs.7,00,000/- in Indian Currency from him for intensifying the terrorist activities and further that out of this amount the sum of Rs.90,000/- and 1700 pounds were recovered;

11. during February, 1992, absconding accused Devendrapal Singh and Majindar Singh visited Aligarh and accused no.1 informed them that huge consignment of fire arms was being sent for Punjab and arrangement should be made for a motor truck to transport the consignment of weapons from Indo-Pak border and for the purpose accused no.1 gave Rs.10,000/- to accused no.20 for arranging the truck;

12. in the month of February accused nos.1 and 2 came into telephonic contact with absconding accused Daljitsingh Bittoo from Pakistan, who passed on the information for creating hideouts in Ahmedabad for storing, firearms, ammunitions and explosives sent from across the border;

13. during the visit of accused nos.1 and 20 to Bombay they contacted accused no.3 who was already informed about the visit by accused no.1 on telephone and was instructed by absconding accused Amir-ul-Azim;

14. accused no.3 introduced accused no.4 to accused no.1 and they all planned for creating hideouts at Ahmedabad and for this absconding accused Mushahid Husain was contacted;

15. accused nos.1 and 4 visited Ahmedabad on 29.2.1992 in the assumed names as Iqbal and Mohmad S. respectively and met absconding accused Mushahid Husain.

Mushahid Husain made arrangement for hiring the House No.82 of Mubarak Society and accused no.1 shifted to Ahmedabad for illegal activities in furtherance of the conspiracy in the first week of March, 1992;

16. on 16.7.92, accused no.1 was apprehended by Bombay police at Dadar Railway Station and at that time during his personal search, 200 US dollars and Rs.30,664/- in Indian currency, one visiting card of hotel Samrat containing various telephone numbers and a driving licence in the assumed name as Kishor Kumar alongwith other articles were recovered;

SUBMISSIONS:

At the time of hearing of these appeals, Mr. Sushil Kumar, learned Senior Counsel appearing on behalf of accused no.1 and 4 has taken us through the material part of the evidence and has contended that the Trial Court ought not to have relied upon the confessional statements of the accused as the same are neither voluntary nor truthful. For contending that confessional statements are not voluntary, he submitted that all throughout accused were kept in police lock-up and during that time their so-called confessional statements were recorded by the Investigating Officers;

before recording the confessional statements, the accused were not informed that after making the statements, they would be produced before the Judicial Magistrate and would be sent in judicial custody. It is pointed out that accused No.4 was arrested on 10.10.1992 and thereafter he was kept in police custody and on 7th November, 1992 his confessional statement was recorded. After recording the said statement, he was again sent to police custody till 12th November, 1992. This would apparently indicate that the statements were recorded under coercion and police torture. Further, even after recording the so-called confessional statements, accused were kept in police lock-up and produced before the judicial magistrate after long lapse of time. He further pointed out other circumstances for contending that the confessional statements of accused Nos. 1 and 4 are not truthful and in support of his contention, he has pointed out certain contradictions in the evidence of these witnesses. He submitted that the accused were in police custody for a long period and after getting some evidence, the Investigating Officers have recorded the confessional statements of the accused. If the accused were prepared to make voluntary confessional statements, there was no necessity of calling Mr. Sharad Kumar, S.P. (PW 133) from Delhi for recording their statements at Ahmedabad because in the metropolitan city of Ahmedabad, number of other S.Ps and/or Magistrates were available. He further submitted that P.W. 133 Sharad Kumar has failed to verify any marks of injury on the person of accused No. 4 before recording the statement. Hence, he submitted that it cannot be stated that the said statements are voluntary and truthful. In support of his contention, he referred to the decision of this Court in Kartar Singh v. State of Punjab [(1994) 3 SCC 569] wherein the Court has laid down certain guidelines, which are required to be followed so that confessional statement obtained in the pre-indictment interrogation by a police officer not lower in rank than a Superintendent of Police is not tainted with any vice but is in strict conformity with the well-recognized and accepted aesthetic principles and fundamental fairness. The learned counsel has pointed out that despite the aforesaid suggestion, the guidelines are not incorporated in the Act or the Rules.

Mrs. K. Sarada Devi, learned counsel appearing on behalf of Supreme Court Legal Services Committee representing accused no.2, Mohd. Sharief, assailed the version of the prosecution and submitted that accused no.2 wanted to leave Pakistan and settle in Germany and, therefore, he contacted a travel agent Chaudhary Altaf Ahmed and sought his help; in July, 1992, Altaf Ahmed took him and another person to India by train via Attari border and further arranged their stay at Delhi; the said agent arranged his visa and air tickets from Delhi and in August, 1992 when the agent took him to the International Airport (Delhi) to board a flight for Germany via Moscow, he was stopped and later on arrested; that he has no connection with recovery of arms etc. and that there is no evidence to show an agreement between him and other accused to commit an offence. The learned counsel has further argued that the confessional statement of accused no.2 was taken under coercion and to prove this fact, she referred to two paragraphs of statement of accused no.2 recorded under Section 313 Cr.P.C. wherein accused no.2 has stated that CBI officials took him to Ahmedabad for producing before a Magistrate; he was not put any question by Magistrate; he was threatened not to make any complaint; he could not arrange any lawyer as he is a resident of Pakistan; during his custody he was forced to plead guilty but as he did not make any confessional statement, he was mentally and physically tortured; and that against this torture, he went on hunger strike in May, 1994 for sixty days and thereafter on considering his deteriorating health condition, he was shifted to jail hospital. The learned counsel further pointed out certain contradictions in the evidence of prosecution witnesses and sought acquittal of accused no.2.

Mr. R.B. Mehrotra, learned senior counsel appearing on behalf of accused no.3 argued that confessional statement of accused is not voluntary and not in conformity with prosecution case. Therefore, it was not admissible. As such it belies the prosecution case. If it is held to be admissible, its reliability may be tested with great caution. He argued that as per the prosecution story, the role of accused no.3 is very limited. He is charged for creating hideouts for accused no.1 at Ahmedabad for storing fire arms, ammunitions and explosives etc. with the help of accused no.4, Saquib Nachan, C.M. Bashir (absconding) and by contacting Amir-ul-Azim (absconding) at Bombay. The learned counsel argued that accused no.3 never visited any place in India other than Bombay and his native place in district Azimgarh (UP); he has no link with accused no.2; and that he is not concerned with the arms and ammunitions stored at Ahmedabad or related to the bomb-blast plan of Madras Stock Exchange. Accused no.3 never purchased air tickets for accused nos.1 and 4 for Ahmedabad on 29.2.1992 from Bombay. Further, so far as the question of telephone number mentioned at two flight coupons is concerned, the learned counsel contended that the maternal uncle of accused no.3 is an Islam Scholar, a social worker and an office bearer of many welfare Associations, therefore, there is strong possibility that some one who had purchased the air ticket might be knowing his maternal uncle and had given his telephone number. He further pointed out certain contradictions in the statement of PW87 Sayeed Mohd. Azim Varasi, who is the key witness against accused no.3 to prove his visit to Bombay. The learned counsel next contended that so far as the receipt of amount by accused no.3 through Hawala and accused Amir-ul-Azim is concerned, there is no independent witness to prove the facts that it was received for the purpose of terrorists activities. Moreover, even if this money is attributed to have been found with accused no.3, it has no connection with the conspiracy of exploding bomb or fire-arms etc. for which the accused has been charged under Section 3(3) of TADA Act. Lastly, the learned counsel argued that the trial court has given its findings mostly on the basis of conjectures and surmises; the judgment does not deal with the defence witnesses and is full of discrepancies and factual errors; the facts on the basis of which the conclusions have been reached and inferences have been drawn by the trial court actually do not exist anywhere, neither in the deposition nor in the oral or documentary evidence and not even in the confessional statements; the say of CBI officers has been taken as gospel truth and accused no.3 has been convicted for criminal conspiracy on the basis of philosophical reasons; and, therefore, accused no.3 may be acquitted.

Mr. K.T.S. Tulsi, learned senior counsel appearing on behalf of accused no.20 contended that the confession of accused was procured after he was stripped naked and severely tortured for four days and the alleged confession has serious discrepancies, which have been filled up subsequently. In the confessional statement, Aligarh has been replaced for Srinagar and that the certificate has been corrected by white ink where the name of accused no.20 Shoaib Mukhtiar has been substituted for accused no.2 Mohd. Sharief. The very fact that the name has been changed twice in the statement creates a serious suspicion that the recording of the confession may have been a mere paper transaction. Even the existence of gaps and blanks and change of the name of the city in the statement creates a doubt about the authenticity of the alleged confession.

Further, there is no oral or documentary evidence on record to show that accused no.20 in any manner aided or abetted the commission of any terrorist act. The case of the accused no.20 is completely at par with that of the other accused who have been acquitted and there is no point of distinction on the basis of which the Designated Court could come to a contrary conclusion. On perusal of the entire evidence and in particular the statements of PW43 Major Singh and PW87 Azim Varasi, it becomes self-evident that A20 was not even aware of the conspiracy of accused no.1 or others to commit any terrorist act. PW43 has only stated that he had seen A20 in the company of A1. He nowhere stated that in his presence any plan for commission of a terrorist offence or any other offence was discussed. The learned counsel further argued that the confession of co-accused cannot be used against the appellant, particularly in the absence of any other evidence, oral or documentary. The confession is thus incapable of connecting the accused with the alleged offences. He contended that the courts do not begin appreciation of evidence from the confession of a co-accused but consider the weight of substantive evidence and if possible, seek corroboration of the same from such confession. He further contended that the Trial Court on the basis of confessional statement held [in Para 159] that accused no.20 had also undertaken once to arrange for transportation of firearms but ultimately he could not succeed and there is not a whisper about the same by any of the witnesses. Thus, if this fact is excluded from consideration, the statements of PW43 and PW87 do not take the prosecution any further with regard to the knowledge of terrorist activity of A1 or any of the other accused. Lastly, the learned counsel contended that the Trial Court has misread the evidence of PW43 and PW87 in coming to the conclusion that the A20 was a conspirator with A1, A2, A3 or A4 and, therefore, A20 requires acquittal in the instant case.

Lastly, it was common contention of learned counsel for the appellants that unless there is conviction of any one accused under Section 3(2), appellants could not be convicted under Section 3(3) of the TADA Act. Mr. P.P. Malhotra, learned senior counsel appearing on behalf of State (CBI) controverted arguments advanced by the learned counsel for the accused/appellants and contended that the totality of the evidence read with the confessional statements of the accused establishes that they were conspirators; the judgment of the trial court is well reasoned and, therefore, the appeals of the accused require dismissal.

On the basis of the submissions made by the learned counsel for the parties, the contentions raised by them can be divided as under: - 1. Whether before convicting accused under Section 3(3) there should be conviction of someone under Section 3(2) of TADA Act?

2. Whether confessional statements would be inadmissible in the evidence on the ground that

(a) they were recorded by the investigating officers or the officers supervising the investigation;

(b) the accused were not produced before the Judicial Magistrate immediately after recording the confessional statements; and

3. Whether there is any other evidence led by the prosecution to connect the accused with the crime or corroborating confessional statements? (1) Whether before convicting accused under Section 3(3) there should be conviction of someone under Section 3(2) of TADA Act? The learned counsel for the appellants submitted that the conviction of the accused under Section 3(3) of the TADA Act is illegal as none of the accused is convicted under Section 3(2) of TADA Act. In substance it is contended that section 3(3) does not contemplate an act which is independently an offence, but it depends upon commission of a terrorist act as contemplated under section 3(1). In our view, this submission is without any substance if we refer to the language used in Sections 3(1) and 3(3) of the Act.

3. Punishment for terrorist acts.

(1) Whoever with intent to overawe the Government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or fire-arms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature in such a manner as to cause, or as is likely to cause, death of, or injuries to, any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community, or detains any person and threatens to kill or injure such person in order to compel the Government or any other person to do or abstain from doing any act, commits a terrorist act.

(2) Whoever commits a terrorist act, shall,--

(i) if such act has resulted in the death of any person, be punishable with death or imprisonment for life and shall also be liable to fine;

(ii) if any other case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.

(3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites or knowingly facilitates the commission of, a terrorist act or any act preparatory to a terrorist act, shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.

(4) Whoever harbours or conceals, or attempts to harbour or conceal any terrorist act shall be punishable with imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for life and shall also be liable to fine.

(5) Any person who is a member of a terrorists gang or a terrorists organisation, which is involved in terrorist acts, shall be punishable with imprisonment for a term which shall not be less than five years, but which may extend to imprisonment for life and shall also be liable to fine.

(6) Whoever holds any property derived or obtained from commission of any terrorist act or has been acquired through terrorist funds shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life and shall also be liable to fine.

The aforesaid section provides for various acts which would be considered as terrorist acts and punishment thereof. It also provides for punishment of acts which are not terrorist acts. Section 3(1) enumerates various activities which are considered to be terrorist acts and sub-section (2) provides for punishment of such acts.

Sub-section (3) contemplates acts which are not terrorist acts by themselves, but activities prior or subsequent to the terrorist act. Under this section, a person can be convicted if it is proved that he

(a) conspired,

(b) advocated,

(d) advised,

(e) incited, or

(f) knowingly facilitatedthe commission of a terrorist act or any act preparatory to a terrorist act. Any of these acts by itself constitutes an offence. Therefore, for conviction under sub-section (3), it is not necessary that there should be a conviction under sub-section (2) for a terrorist act.

The aforesaid activities are not only abetment of terrorist act, but include other acts which are not covered by the concept of abetment as provided under Indian Penal Code, namely, advocates, advises and any act preparatory to a terrorist act. Further, under TADA Act Section 2(1)(a) defines the word abet in the wider sense as under 2.

Definitions(1) In this Act, unless the context otherwise requiresâ€”

(a) abet, with its grammatical variations and cognate expressions, includes

(i) the communication or association with any person or class of persons who is engaged in assisting in any manner terrorists or disruptionists;

(ii) the passing on, or publication of, without any lawful authority, any information likely to assist the terrorists or disruptionists and the passing on, or publication of, or distribution of any document or matter obtained from terrorists or disruptionists;

(iii) the rendering of any assistance, whether financial or otherwise, to terrorists or disruptionists.

This concept of making such activities as offence is not new to the criminal jurisprudence. Chapter V of the Indian Penal Code provides for abetment and punishment for the same. Section 115 deals with punishment in case where abetted offence is not committed. It inter alia provides that whoever abets the offence punishable with death or imprisonment for life shall, if that offence is not committed in consequence of the abetment, be punished as provided thereunder. Similarly, section 116 provides for punishment in case where abetted offence punishable with imprisonment is not committed. Section 118 also contemplates punishment in case where offence is not committed. It inter alia provides for punishing a person who conceals design to commit an offence punishable with death or imprisonment for life inter alia by any act or illegal omission. Similar provisions are there under Sections 119 and 120. Hence, in our view, for convicting the accused under Section 3(3), it is not necessary that someone should be convicted under Section 3(2) for commission of a terrorist act. Therefore, the contention of the learned counsel for the accused that except accused no.1-Lal Singh, no other accused can be convicted under Section 3(3) is without any substance.

(2) Admissibility of Confessional Statements:

Next question would bewhether confessional statements are inadmissible in evidence because

(a) the statements were recorded by the investigating officers or the officers supervising the investigation;

(b) the accused were not produced before the Judicial Magistrate immediately after recording the confessional statements; and

For deciding this contention, we have to refer to Section 15 of the TADA Act and flush out from our mind the concept evolved because of provisions of Evidence Act. The confessional statement recorded by the Investigating Officer is not admissible in evidence because of specific bar under Sections 25 and 26 of the Evidence Act. When that bar is lifted by the Legislature, it would be difficult to hold that such confessional statement is inadmissible. For this, we would first refer to some part of the judgment in the case of Kartar Singh (Supra) where this Court held that if the exigencies of certain situation warrant such a legislation then it is constitutionally permissible. The Court observed [in paragraphs 253,254 and 255] that in some advanced countries like United Kingdom, United States of America, Australia and Canada etc. confession of an accused before police is admissible and having regard to the legal competence of the legislature to make the law prescribing a different mode of proof, the meaningful purpose and object of the legislation, the gravity of terrorism unleashed by the terrorists and disruptionists endangering not only the sovereignty and integrity of the country but also the normal life of the citizens, and the reluctance of even the victims as well as the public in coming forward, at the risk of their life, to give evidence, the impugned section cannot be said to be suffering from any vice of unconstitutionality.

The Court further observed that if there is no breach of procedure and the accepted norms of recording the confession which should reflect only the true and voluntary statement, then there should be no room for hyper criticism that the authority has obtained an invented confession as a source of proof irrespective of the truth and creditability. The Court also observeda confession made by a person before a police officer can be made admissible in the trial of such person not only as against the person but also against the co-accused, abettor or conspirator provided that the co-accused, abettor or conspirator is charged and tried in the same case together with the accused, namely, the maker of the confession. The present position is in conformity with Section 30 of the Evidence Act.

The Court finally held that it is entirely for the Court trying the offence to decide the question of admissibility and reliability of confession in its judicial wisdom strictly adhering to the law, it must, while so deciding the question, should satisfy itself that there was no trap, no track and no importune seeking of evidence during the custodial interrogation and all the conditions required are fulfilled.

In view of the settled legal position, it is not possible to accept the contention of learned senior counsel Mr. Sushil Kumar that as the accused were in police custody, the confessional statements are either inadmissible in evidence or are not reliable. Custodial interrogation in such cases is permissible under the law to meet grave situation arising out of terrorism unleashed by terrorist activities by persons residing within or outside the country. The learned counsel further submitted that in the present case the guidelines suggested by this Court in Kartar Singh (Supra) were not followed. In our view, this submission is without any basis because in the present case confessional statements were recorded prior to the date of decision in the said case i.e. before 11th March, 1994.

Further, despite the suggestion made by this Court in Kartar Singhs case, the said guidelines are neither incorporated in the Act or the Rules by the Parliament. Therefore, it would be difficult to accept the contention raised by learned counsel for the accused that as the said guidelines are not followed, confessional statements even if admissible in evidence, should not be relied upon for convicting the accused. Further, this Court has not held in Kartar Singhs case (Supra) that if suggested guidelines are not followed then confessional statement would be inadmissible in evidence. Similar contention was negatived by this Court in S.N. Dube v. N.B. Bhoir and others [(2000) 2 SCC 254] by holding that police officer recording the confession under Section 15 is really not bound to follow any other procedure and the rules or the guidelines framed by the Bombay High Court for recording the confession by a Magistrate under Section 164 Cr.P.C. ; said guidenlines do not by themselves apply to recording of a confession under Section 15 of the TADA Act and it is for the Court to appreciate the confessional statement as the substantive piece of evidence and find out whether it is voluntary and truthful. Further, by a majority decision in State v. Nalini and others [(1999) 5 SCC 253] the Court negatived the contentions that confessional statement is not a substantive piece of evidence and cannot be used against the co-accused unless it is corroborated in material particulars by other evidence and the confession of one accused cannot corroborate the confession of another, by holding that to that extent the provisions of Evidence Act including Section 30 would not be applicable. The decision in Nalinis case was considered in S.N. Dubes case (Supra). The Court observed that Section 15 is an important departure from the ordinary law and must receive that interpretation which would achieve the object of that provision and not frustrate or truncate it and that the correct legal position is that a confession recorded under Section 15 of the TADA Act is a substantive piece of evidence and can be used against a co-accused also.

In the present case, undisputedly when the accused were produced before the Magistrate they did not make a complaint that the confessional statements were recorded under coercion. Further, Rule 15 of the TADA Rules is complied with and each accused making the confession was explained that he was not bound to make it and in case he makes it, it could be used against him as evidence.

Further, the officer had also verified that accused was making the confessional statement voluntarily and certificate to that effect is also attached to the said confessional statement. For its reliability and truthfulness, prosecution has produced on record other corroborative evidence, which we would discuss hereinafter.

Once it is held that confessional statements are admissible in evidence, for decidingto what extent such statements are reliable and truthful on the basis of corroborative evidence, we have to refer to the same. The prosecution story revolves around accused no.1 and 2 and all charges against remaining accused are inter-se connected with both these accused. Therefore, we would first refer to some parts of the confessional statements of A1-Lal Singh and A2-Mohd. Sharief.

CONFESSIONAL STATEMENT OF A1-LAL SINGH.

The confessional statement of Lal Singh is exhaustive and narrates the entire history of his activities from his childhood to the date of recording the said statement. He stated his correct and assumed names viz. Lal Singh s/o Bhag Singh, alias Manjit Singh, Iqbal Singh, Aslam Gill, Ashok Kumar, Kishore Pilot, Lalli, Raju, Veer Singh. He was resident of Village Nawapind and was born on 25.2.1960. He failed in his Xth Examination. In 1972, he got made his passport there by inserting his name as Lal Singh and started planning to go abroad. He stated that an agent named Billa, who was known to Kartar Singhs son of his village took him to Bombay for going to Italy in the year 1978 and took Rs.5000/- from him. Billa vanished in Bombay and thus he had to get back to his village. Thereafter, another agent Nirmal Singh r/o village Dade P.S. Fagwara, took Rs. 10,000/- from him and he was sent to Italy via Delhi along with other three boys. There he worked in the vessel LEENA; he used to work as Deck Boy; he stayed in this job from September 1978 to December 1979 and used to save 400 to 500 dollars. He left this job in December 1979 and went to Rome and started working with Gurnam Singh and Major Singh (PW 43) in another vessel ALEXENDER. There he worked till June 1981. On June 1981 when the vessel reached Liverpool, he left the vessel along with Major Singh and other boys and came back to India. He stated that Major Singh was resident of Beeranwal Nawans. After staying for one month at home, he went to Sophia, the capital of Bulgaria, along with Major Singh where they worked as Sailors. From there they went to Torrento, Canada and worked there till June 1984. According to him Operation Blue Star had also taken in June 1984 and for this reason there was resentment in the Sikhs. During that time when he went to Gurdwaras he heard many explosive speeches and that the attack on the Golden Temple was strongly resented. He had narrated his activities with regard to the demand of Khalistan and that he joined Sikh organization giving arms training like AK 47.

In the present case, we are not concerned with all the facts stated in the confessional statement and, therefore, it is not necessary to narrate the same. It is his say that in 1988 or thereafter he sought help from one Joginder Singh Sandhu, [World Sikh Organisation leader of Surrey and also the President of Rock Street Gurudwara situated at Vancuoer] to go to Pakistan because government of Pakistan was helping the Sikh students who had gone there after crossing the border. In Pakistan, he made contacts with smugglers whose names are mentioned. During that time, he came in contact with persons working for ISI of Pakistan. Thereafter, he stated about forming of an organization namely K-2 for carrying out terrorist activities. He also came in contact with Sharief (accused no.2) who was working with the military intelligence of Pakistan. At that time, he was informed that Sharief was involved in terrorism in India and some of his men were caught. Subsequently, Sharief introduced him to two persons who were smuggling weapons and explosives in India. Finally, it is his say that in November, 1991 when Daljit Singh Bitto was present in his house, one Amir-ul-Azim came with Tahir (accused no.3) and introduced him. Amir- ul-Azim told him to go to India and also that Tahir was resident of Bombay and a faithful man.

It is his further say that in November, 1991 Sharief came back to Lahore with Javed Yousuf resident of Kashmir who was living in Aligarh and they all three decided to work unitedly for creation of Khalistan and for independence of Kashmir. Thereafter, for him Mohd. Sharief got a bogus passport and obtained a visa in the name of Chowdhary Mohd. Iqbal Ahmad son of Sultan Ahmad. Both of them came to Bombay from Lahore via Karachi by Pakistan Srilanka Flight. The passport and visa of Sharief was also bogus.

He was having visa for Calcutta in the bogus name of Mansoor. After reaching Bombay they stayed at the Airport and from there they went to International Airport by Taxi and from there they went to Calcutta by morning flight.

After reaching Calcutta they stayed in a Guest House and on the next date i.e. on 14.12.1991 went for obtaining stay permit for three months on Visa. From Calcutta they came to Aligarh by train. From station, they were straightway taken by Barquat Ali Sajjad to Pees Villa building, Doodhpur, where brother-in-law and Mama of Sajjad was staying. After 4/5 days Javed Yousuf came there and helped him in getting a rental house, wherein he alongwith Sharief started living.

There, for his contacts he was using telephone number of Saukat Alis P.C.O., who was a resident of Kashmir Karbar of Barullah market. Barqut Ali introduced him to a boy named Shoaib (accused No.20). He further contacted Major Singh (PW 43) on telephone who runs taxi in Delhi. In Feb., 1992 Devendra Pal Singh alias Deepak and Manjinder Singh Issi alias Bhushan came to meet him and told him that large number of weapons were to come in India and so he should manage a truck. He talked to Shoaib (accused no.20) about the truck and also gave Rs.10000/- for repairing of the truck, which was damaged because of accident. Thereafter, he met Amir-ul-Azim, Press Secretary of Jamait-e-Islami at Prof. Amanullahs house at Aligarh. Amir gave the address and telephone number of Tahir Jamal (accused no.3) of Bombay to whom he met earlier in Pakistan. At the end of February, he and Shoaib went to Bombay and contacted Tahir. He also met Tahirs younger brother. He asked Tahir about a house at Ahmedabad for hiding weapons. Tahir arranged his meeting with Raveesh @ Saquib (accused no.4), who accompanied him to Ahmedabad. At Ahmedabad, Raveesh introduced him to a man named Musahid who was having a hardware shop. Musahid took a rented house for him in Juhapura Mubarak Society. Daljeet Bitto told him over telephone to manage some big vehicle for hiding large quantity of weapons. In March, 1992 he sent Musahid to Aligarh to collect Rs.50,000/- from Deepak. In April, 1992 Deepak came at Ahmedabad with 2/3 lakh rupees.

Thereafter, he took the flat C-33, Shantivan Paresh Society on rent of Rs.1200/- p.m. He also purchased Flat No.4-A in Usman Harun Society in Juhapura. In the month of April, 1992 Bhushan went to Bombay to buy Zipsy. He was informed by Pyara Singh and Guljar Singh, who came to Ahmedabad from Pakistan, that one consignment of weapon was to come.

Gulzar Singh did not meet him but later on he came to know that Gulzar Singh in reality is Daljeet Bitto. In May, he received two consignments of weapons i.e. one by Daya Singh and second from the house of Karim. Since, Karim and Akbar came to know about Gypsy number, so he sold the same and purchased a Mahindra Jeep. Thereafter, he came in contact with Rajbir. Later on, Rajbir was arrested. Deepak told him that Rajbir is that person who can talk to the government for freeing Jinda by kidnapping the grand daughter of Prime Minister. In June, 1992, he received another consignment of weapons from the house of Karim. He bought a new Bajaj Scooter from Avish Auto. He further purchased a gypsy, earlier owned by Dhanraj Electronics. On 30.6.1992 he along with Musahid came to Bombay by flight and stayed at hotel Balwas. They wanted to meet Raveesh @ Saquib. During the meeting, Raveesh enquired for giving weapons and also for help in training his boys. On Ist July, he alongwith Raveesh went to Madras. Both stayed at hotel Woodland in different rooms. On 4.7.1992 they came back to Bombay by flight. Next day, he went back to Ahmedabad. On 12.7.92 he went to Indore and from Indore to Gwalior. There, he stayed with Harjeet Singh, a friend of Major Singh of Delhi. From Gwalior, he contacted Pal in America and Major Singh in Delhi. Thereafter, on 15.7.1992 he left Gwalior for going to Bombay by train. On 16.7.1992 when he reached Bombay he was arrested. He further stated that at the time of his arrest, he was having Rs.34000/-, 200 American dollars, one bogus driving licence made from Ahmedabad and a card on which phone numbers were written which was seized by the Police. He was also having a cynide capsule, which was not used by him because at that time the same was in his purse.

This capsule was provided by I.S.I. Pakistan to meet such situation. He stated that they receive 25/30 lakhs annually from the Sikhs of USA, Canada and England. The amount was being collected and sent to the supporters of Khalistan and other institution. He received the amount through hawala transaction. He also stated that for money he contacted Satinder Pal Singh Gill in Canada, Gurmeet Singh Walia in California, America, Bhajan Singh Bhinder, California and Yadvinder Singh, Jaswant Singh, Basant Singh, Zafarwal, Jagjeet Singh Chauhan, Ajit Singh Khera, Mahal Singh Babbars and others from U.K. He further stated that he was receiving weapons likeAK 56 rifles, pistols, explosives, timers, time bomb, rocket, launchers, and ammunition.

It is true that he was all throughout under interrogation of number of officers from various departments including C.B.I. but the story unfolded by him as to his movements in India after December 1991 and prior to 12.12.1991 in Pakistan leaves an impression that the facts stated by him in his statement are having element of truthfulness. Major part of the relevant confession is corroborated by other evidence.

CONFESSIONAL STATEMENT OF A2-Mohd. Sharief. Likewise, A2 Mohd. Sharief has also given exhaustive confessional statement and narrated the entire history of his activities from his childhood to the date of recording the said statement. He admits that he is a Pakistani National and belongs to a well-to-do family. In January, 1987 he joined as Assistant Accounts Officers (Group 16) at Dera Gazi Khan in Water Management Wing. After few months, he was transferred to the Head Office at Lahore. During his stay at Lahore, he came into contact with some Kashmiri militants, who were collecting money from Muslim Welfare Organisations and prominent businessmen etc. for funding the militants operating in Kashmir. He introduced the militants to the businessmen of Lahore and used his political influence to get help for the militants from the business community. He visited India on 20th January, 1991 on a valid passport and visa to visit Delhi in his genuine name alongwith Syed Abdulla Siraji, who was infiltrated with an assumed name of Ahmed Ali. For infiltration of Syed Siraji to India, he took help of his friend Javed Jaida, a Customs Clearing Agent at Railway Station, Lahore. After reaching Delhi, he stayed at Qureshi Guest House and there he came into contact with Furkan Ali @ Bubba r/o Saharanpur, who was a smuggler operating through Atari border. After site seeing in Delhi, he returned to Pakistan by train on 2nd February, 1991. In Feb., 1991 he met Sajjad Alam Raja, resident of PoKwho was involved in arranging finances, weapons and support from the Pakistani authorities to the militants operating in Kashmir. He again entered into India on 12.3.1991, through Attari border on a new passport, with a view to infiltrate four Kashmiri militants. Out of four, only one militant, Yakub could be infiltrated in connivance with the local smugglers and Custom authorities. While staying at Qureshi Guest House, he came in contact with Mohd. Aslam and also Mohd. Ayub Dar @ Ashfaq whom he knew from Pakistan. Mohd. Aslam was finding difficulty in completing the construction work awarded to him by the Indian Oil Corporation at Jet Air Base, Avantipur in J&K state. Mohd. Aslam sought his help in persuading Kashmiri militants to let him complete the work unhindered. He collected copy of feasibility report from Mohd. Aslam of the construction work at Jet Air Base, Avantipur and passed on these documents to Military Intelligence of Pakistan. On his return in April, 1991. Mohd. Ayub Dar @ Ashfaq introduced him to Tahir (accused no.3) and Gullu, local muslims of Delhi. Tahir and Gullu were having 6-1/2 kg.

explosives and he advised them to explode the same with the help of remote control devices. They told him that they had caused bomb blasts at Narula Restaurant, Connaught Place, New Delhi and also in a Cinema Hall at Chandni Chowk. In May, 1991, he was asked to work for Pak Military Intelligence on permanent basis to which he agreed.

Initially, he was briefed by Pak MI to tell his family that he was going to ISI as an Intelligence Officer and that he was to be posted either in Saudi Arabia or Dubai. Pak MI gave him training in three phasesFirst phase from 11th May, 1991 to 2nd June, 1991; Second phase from 15th June to 15th July, Third phase from 28/29th July to 29th August, 1991.

After completion of first phase of training, he met Sajjad and Khwaja Moin-ud- din, SDO Water and Power Development Authority. They discussed plans to help the Sikh militants with him. They further introduced him to Lal Singh, who was operating under a cover name of Iqbal Gill. Lal Singh sought his help in arranging smugglers who could help him in the smuggling of arms, ammunition and explosives from Pakistan to Punjab in India. He agreed to help Lal Singh and arranged his meeting with Shera Jat, a notorious smuggler. On 6th June, 1991, Lal Singh along with Daljit Singh Bitto came to his house and he arranged their meeting with Shera. He also introduced them to some other smugglers. He alongwith Sajjad and Lal Singh formed an organisation called K2, which stands for Kashmir and Khalistan, and agreed to work jointly in India. As per plan, Sajjad and his wife infiltrated into India in early September, 1991 and created a hideout at Aligarh. He himself flew for India on 8th October, 1991 by PIA flight under the assumed name of Manzoor Ahmed and on a new passport. At Bombay, he stayed in Hotel Kalpana, Grant Road. Thereafter, on 17th October, 1991 he went to Aligarh and met Sajjad. Sajjad told him that he was in constant telephonic contact with Lal Singh. Sajjad further informed him that Yasin, Shoaib Mukhtiar (accused no.20), Javed Yousuf and Barkat Ahsani were constantly in touch with him (Sajjad) and that they were in need of weapons for accelerating terrorist activities including killing of BJP/Hindu leaders and police officials in India. He tried to get extended his visa from Delhi and Bombay but he failed to do so. Thereafter, he returned to Aligarh; burnt his passport and decided to stay there in furtherance of task given to him. From Aligarh, he was in constant touch with Lal Singh and Col. Hafeez-ur- Rehman in Pakistan on Telephone Nos.851981 and 586668 respectively. He returned back to Pakistan on 8th Nov., 1991 to arrange infiltration of Lal Singh to India. With the help of Chowdhary Altaf Hussain, a Member of Provincial Assembly, Punjab (Pakistan), he arranged a passport for Lal Singh in the assumed name of Iqbal Ahmed. He also got issued a fresh passport in his assumed name of Manzoor Ahmed and also arranged a visa for Calcutta. At Lahore, Lal Singh told him about his contact with Amir-ul- Azim, Press Secretary, Jamat-e-Islami, Pakistan and that he has been asked to tell Tahir Jamal (accused no.3) of Bombay to arrange contacts in Bombay and other places for facilitating terrorist activities.

Thereafter, he and Lal Singh left Pakistan for going to India on 11th Dec., 1991 by Sri Lankan Flight. In the early hours of 12th Dec.,1991 they reached at Bombay. Thereafter, on 12th itself they took flight for Calcutta. After staying for two nights at two different guest houses near Railway Station, Hawrah, they left for Aligarh by Kalka Mail on 14.12.1991. At Aligarh, they went to the hideout of Sajjad.

He along with Lal Singh, Devenderpal Singh @ Deepak, Amarpal Singh @ Videshi and Shoaib Mukhtiar chalked out plans with Javed Yousuf, Barkat Ahsani and Yasin Malik to obtain fire arms for killing BJP/Hindu leaders and police officials in India. In the last week of Dec., 1991, Amir-ul-Azim, Press Secretary, Jamat-e- Islami, Pakistan visited Aligarh and introduced him and Lal Singh to one Prof. Amanullah of Aligarh, who was asked to provide financial assistance.

Amir also told them that he had given some amount to Tahir Jamal and promised to send more amount to them through hawala for terrorist activities. In the last week of January, 1992, Daljit Singh Bitto informed him and Lal Singh about a consignment of weapons coming to Jodhpur and that arrangement should be made to collect the same. They called Javed Yousuf, Barkat Ahsani, Yasin and Shoaib Mukhtiar for arranging a truck for the purpose. Shoaib was paid an advance of Rs.15000/- for arranging truck. However, Shoaib could not arrange the truck. On 5th or 6th of March, 1992 Amar Pal Sinh @ Videshi and Manjinder Singh @ Bhushan came to his hideout at Aligarh and collected Rs.4 lacs, which were left by Lal Singh at his hideout at Dhora Mafi. This amount was meant for purchase of jeep/truck for transportation of weapons. In March, 1992 he purchased a Yamaha 100 CC Motorcycle from Aligarh in the name of Javed Yousuf. In the 3rd week of March, 1992, Col. Hafiz-ur-Rehman made a telephonic call directing him to leave Aligarh as it was considered that Aligarh was no more a safe place for him. On 26th March, 1992, he contacted Col. Hafiz-ur-Rehman in Pakistan, who informed him that Major Suhail and his four associates had been arrested by the Police and that he should not go to Delhi and Aligarh and that he should stay at Bombay. On 2nd April, 1992 he returned to Aligarh to celebrate Id-ul-fitur with Shoaib Mukthiar, Barkat Ahsani, Javed Yousuf and Yasin. On 8th April, 1992 police raided at the shop of Javed Yousuf and arrested him. At that time, he was present at Javed Yousufs house. He immediately left that place and, thereafter, being accompanied with Shoaib Mukhtiar, he went to Kathmandu by bus. On 22nd April, 1992, in Kathmandu, he contacted Pakistan authorities and leaving Shoaib alone in hotel, he went to Pakistan by Flight. Again, on 22nd June, 1992 he left Karchi by air for Kathmandu. In July, 1992 he contacted two persons, namely Puran Bahadur Mallah, and Prakash Chand Thakur, Ex. Ambassador of Nepal to Japan and former Chief Protocol Officer, Govt. of Nepal, who could provide persons for intelligence purposes. In January, 1993 the above two persons infiltrated into India. He infiltrated on 8th January, 1993 and went to Gorakhpur. He stayed in India upto 25th January and again went back to Kathmandu. On 10th February, he again infiltrated into India and re