Source : Md.Ajmal Md.Amir Kasab @Abu … vs State Of Maharashtra (2013)3SCC(Cri)481
360. The most clinching evidence regarding conspiracy comes from the recordings of intercepted telephone calls between the terrorists and their co-conspirators and collaborators sitting in a foreign land that, in light of the over all facts and circumstances of the case, can only be Pakistan. Unlike the appellant and his dead companion, Abu Ismail (deceased accused no.1), who were constantly on the move, the other terrorists had gone to Hotel Taj, Hotel Oberoi and Nariman House and were holed up there, even taking hostages for some time. From their respective positions they were in regular contact with their collaborators and were constantly receiving moral support, tactical advice and guidance from them by means of mobile phones.
361. The phone calls made by the terrorists from Hotel Taj, Nariman House and Hotel Oberoi came to be noticed and were intercepted by a watchful member of the Anti Terrorist Squad.
362. Nivruti Tukaram Kadam (PW-242) was an Inspector of Police attached to the Anti Terrorist Squad (ATS), Mumbai. He was looking after the technical wing of the ATS, which was assigned the tasks of collecting intelligence, phone interceptions and data analysis. On the night of November 26 to November 27, 2008, he was on duty in his office at Nagpada, Mumbai. At midnight of November 26, 2008, he received information that terrorists were making regular calls from mobile phone no.9910719424.
363. In normal circumstances, a telephone interception can only be done after getting sanction from the Government but in an emergency, interception is permissible with the approval of the immediate superior who, in this case, was the officer in-charge of the ATS.
364. Hemant Karkare, Special IG, was the chief of the ATS and, as seen above, he was killed by the appellant and Abu Ismail around midnight of November 26, 2008, when the two terrorists had snatched a Qualis police vehicle after killing him and two other officers and policemen who were travelling in that vehicle. Following the killing of Karkare, Param Bir Singh (PW-241), Additional Commissioner of Police and Karkare’s deputy, had assumed charge in his place. Hence, Kadam (PW-242) obtained Param Bir Singh’s written permission for intercepting calls from mobile phone No.9910719424. The permission granted by Param Bir Singh was later accorded post-facto sanction by Chitkala Zutshi (PW-253), who was at that time the Additional Chief Secretary, Home Department, Government of Maharashtra.
365. On the basis of the permission granted for interception, directions were given to the service provider of the aforesaid phone number (Bharti Airtel) and to all other service providers, since the number was in ‘roaming’, to transfer all calls from or to that number to the police landline number 02223053162. The calls made from or to the aforesaid mobile number thus diverted to the police landline could then be heard on headphones or the speaker of a computer with the aid of appropriate software. The ATS office had software called ‘Shogie’ installed in the office computer for that purpose.
366. Kadam stated before the court that the first conversation recorded by him from that mobile number commenced at 01:04 hours on November 27, 2008, and the last call from that mobile number was recorded by him at 10:27 hours of November 27, 2008. He further stated before the court that the conversation was being heard by him personally and being recorded on the hard disk of the computer simultaneously. The recordings from the hard disc of the computer were copied on to CDs and the conversations recorded on the CDs were later transcribed on paper.
367. He further told the court that, from the conversations made from mobile phone number 9910719424, he could make out that the callers from that phone were speaking from Hotel Taj and that their names were Ali, Umar, Abdul Rehman and Shoeb. The two persons on the other end were called Vashibhai and Kafabhai.
368. In course of the night, Kadam came across two other mobile phone numbers, 9820704561 and 9819464530. The first of these two was being used by the terrorists at Hotel Oberoi and the second by those at Nariman House. After obtaining the necessary permissions in regard to those two phone numbers following the same procedure, Kadam intercepted and recorded the conversations made from those two phone numbers also. He stated that the interception of these calls by him commenced at 01:04 hours on November 27, 2008, and the last call from one of these numbers concluded at 08:52 hours on November 28, 2008. The total recordings of intercepted phone calls were spread over twelve (12) hours and thirty-three (33) minutes.
369. The CDs recording the intercepted phone conversations were played in court on a laptop and, on comparing the recorded voices with the written transcripts, Kadam told the court that, except for a very few minor errors, the transcripts were accurate. He then proceeded to identify all the different CDs recording conversations from the three different mobile numbers and the transcripts of conversations made from those CDs.
370. Significantly, Kadam told the court that all the calls from the above three mobile phones were made to a single number, 012012531824, which later investigation revealed to be the number of private Corporation based in New Jersey, USA, with the domain name Callphonex.
371. Kadam (PW-42) told the court that the collaborators of the terrorists appeared to be speaking from telephone number 012012531824. As the international code would indicate, the number was based in the US. Clarification about the number comes from the evidence of Nizar Al Sharif, who was examined by the prosecution as PW-156.
372. The evidence of this witness was recorded through audio-video linkage. The witness was sitting in room no.222 of Hotel Fairfield Inn, Sudbury, Ontario, Canada, where video conference facility was available. Geoffrey Maron, the Special Agent of FBI who was earlier examined as PW- 153, first identified one David Shea on the screen as the FBI Agent in Los Angeles. Shea in turn identified Nizar Al Sharif to the court on the screen.
373. Al Sharif stated before the court that he was the owner of International Connection Services (ICS) which was a Private Corporation incorporated in the year 1993 and registered in the State of Delaware. The office of the Corporation was situated in New Jersey. The brand name as well as the domain name of the Corporation was Callphonex. The Callphonex telephone number, in the month of November, 2008, until January 6, 2009, was (201)253-1824. Al Sharif further stated before the court that they were providing Voice over Internet Protocol (VoIP) Services in wholesale as well as in retail. Any person, who wanted to avail of their services, in case he was not in the US, could contact them through their website. The customer had to register through email. After getting the email from the customer, they would set up services in accordance with the customer’s requirement. Pre-payment was necessary in all cases. He further stated that ordinarily, in case a customer availing their services made a call to any phone that displayed caller ID, the screen would display the Callphonex number (which, as noted above, was (201)253-1824 in November, 2008). He explained that the carrier could suppress the number but the user had no control over their number [(201)253-1824]. He further said that they had numbers from different countries. Some of them were US-based and their customers could make calls to mobile numbers through VoIP.
374. He further said before the court that one person calling himself Kharak Singh (wanted accused No. 21) had contacted them through email and had told them that he was a reseller of VoIP services. Kharak Singh had contacted them on October 20, 2008, by email. After correspondence with Kharak Singh on email they had provided him fifteen (15) PC2Phone accounts, ten (10) Common Client accounts and five (5) DID Austrian phone numbers. The email ID of Kharak Singh was Kharakfirstname.lastname@example.org. No specific address was provided by Kharak Singh. He had only said that he was from India. The mails received from Kharak Singh were replied to by Nizar Al Sharif personally. The first payment made by Kharak Singh was of 250 US dollars and it was received through Moneygram from Pakistan. The payment was made by some Mohammed Isfaq. On being shown a copy of the receipt of the Moneygram, Al Sharif identified it and it was then taken in evidence as Article 530. The second payment of 229 US dollars was received through Western Union. He identified the receipt of this payment as well, which was marked Article 531.
375. More importantly, Al Sharif stated to the court that the services provided by him to Kharak Singh were used most heavily from November 24 to 27, 2008. The initial use was only for testing. He further informed the court that he had supplied the following details to the FBI along with his letter of February 13, 2009 (Ext. No. 614).
“1) Call Detail Records for sub-account 310000xx and 400000xx for client Mr. Kharak Singh;
2) Callphonex Call Detail Records for calls to 5 DID numbers;
3) Voxbone Call Detail Records to DID numbers (that Callphonex has access to and obtained on its own);
4) Three (3) chat logs between a representative of Callphonex and Mr. Kharak Singh;
5) Copy of MoneyGram receipt dt. 27th October, 2008, and copy of Western Union receipt dt. 25th November, 2008.
6) E-mails between Mr. Kharak Singh and Callphonex.”
376. He further deposed before the court that the last mail received by him from Kharak Singh was on November 25, 2008, at 12:08 PM and thereafter there was no contact between him and Kharak Singh. The account of Kharak Singh was closed after December 25, 2008.
377. It does not require much imagination to see that “Kharak Singh”, claiming to be from India, was a fake identity created for the sole purpose of obtaining the VoIP services from Callphonex. But this was made very clear by the investigation made by the FBI as would appear from a communication dated February 18, 2009, from the Special Agent of the Bureau (PW-153) in response to the letter-o-gatory issued by the Court of the Additional Chief Metropolitan Magistrate, Esplanade, Mumbai, on Miscellaneous Application No.1/2009. The communication from the FBI dated February 18, 2009, is Ext. no. 617-A and it states the following with regard to the two payments made to Callphonex from Kharak Singh’s account:
“Two payments were made to Callphonex for Singh’s accounts. On October 27, 2008, the initial payment of $250.00 was wired to Callphonex via MoneyGram, receipt number 80700471903880005473. The sender for this payment was Muhammad Ishfaq. The sender used MoneyGram agent Paracha International Exchange located at Road Anarkali Fayazuddin in Lahore, Pakistan. According to MoneyGram records, Ishfaq provided an address of Postoffice Mall Awn Teh Gujar K, Peshawer, Pakistan and telephone number 03455698566. Copies of the MoneyGram receipts are attached.
On November 25, 2008, the second payment of $229.00 was wired to Callphonex via Western Union, receipt number 8364307716-0. The sender of this payment was Javaid Iqbal. The sender used Western Union agent Madina Trading, located in Bescia, Italy, to make the payment to Callphonex. For identification, Iqbal provided Madina Trading with Pakistani passport number KC092481.
The owner of Callphonex noticed that neither of the wire transfers were sent from India. On November 25, 2008, he emailed Singh and asked why the transfers were not coming from India, however, he received no response.”
378. As to Kharak Singh being an Indian in the aforesaid communication, the FBI Agent made the following observations:-
“The FBI determined that the email@example.com account was created on October 20, 2008, via Internet Protocol (IP) address 184.108.40.206. Between October 20, 2008, and November 28, 2008, a user with access to this account logged in from the following IP addresses, which, according to open-source information, resolve to the corresponding geographic locations:
IP Addresses Location
220.127.116.11 (U.S. – apparent proxy)
18.104.22.168 (U.S. – apparent proxy)
22.214.171.124 (Russia – apparent proxy)
126.96.36.199 (Russia – apparent proxy)
Singh’s Callphonex account has been inactive since November 28, 2008. Callphonex closed Singh’s account because there has been no payment, no activity and no communication from him since November 28, 2008.”
379. It is noted above that among the documents furnished by Nizar Al Sharif to the FBI there were three chat logs between a representative of Callphonex and Kharak Singh and the e-mails between Kharak Singh and Callphonex.
380. Mr. Gopal Subramanium, in his meticulous and painstaking way, took us through the three chat logs and the e-mails exchanged between Kharak Singh and Callphonex. We have no doubt that even in the three chat logs it is not the same person who is chatting under the fictitious name of Kharak Singh. That the persons chatting as Kharak Singh are different persons is evident from the different styles of language and their use of slang.
381. Perhaps Nizar Al Sharif’s commercial interest got the better of his sense of discretion, or perhaps he was too naïve to see through the clear deception. His services were thus used by a bunch of terrorists for the mass killing of innocent people. According to him, he realized that a false account was opened with him for unlawful purposes only after the massacre in Mumbai.
MOBILE NUMBERS 9910719424, 9820704561 AND 9819464530 AND THE MOBILE PHONES USING THOSE NUMBERS:
382. We have seen how the collaborators of the terrorists killing innocent people in India hid behind the phone number of Callphonex and tried to conceal the locations from which they were making calls. We shall now take a brief look at the three numbers from which the terrorists holed up in at Hotel Taj, Hotel Oberoi and Nariman House were calling or receiving calls from their collaborators.
383. A great many mobile phones were collected and seized from the various places through which the terrorists had passed as also from the vehicles used by the appellant and his dead companion, Abu Ismail, for moving through the city. But of interest to us are only five (5) mobile phones, two (2) of which were recovered from Hotel Taj, two (2) from Nariman House and one (1) from Hotel Oberoi. The two phones that were recovered from Hotel Taj are mentioned in Exhibit nos. 749 and 760. Both were Nokia 1200 and silver-and-black in colour. One of them had the IMEI No.353526024049451 and an Airtel’s Sim No.8991310000200898887842. This phone was never used by the terrorists. The other Nokia 1200 phone had the IMEI No. 353526025840890. It had a Sim card purchased from Delhi in the name of one Suresh Prasad and, on calls being made from this phone, the number that was displayed on the receiving phone would be 9910719424, the first number that had come to the notice of Kadam (PW-242). The investigation later revealed that the Sim card for this phone was purchased from Gurvinder Singh Bakshi (PW-259), a retailer in Delhi, by producing fake identity documents. Suresh Prasad was a fictitious person.
384. Two Nokia 1200 phones were also recovered from Nariman House and they found mention in Exhibit no. 771. One of the phones had the IMEI No.353526025828739. The phone was without a Sim card and it was never used. The other Nokia 1200 phone had the IMEI No.353526025842235. It had a Sim card belonging to Gabriel Holtzberg, who was first taken hostage and was later killed by the terrorists. It appears that the terrorists had taken away the mobile phone of Gabriel Holtzberg, took out the Sim card from his mobile and put it in their own mobile phone. A call made through the Sim card of Gabriel Holtzberg would display this number on the receiving phone: 9819464530. This was one of the two numbers that later came to the notice of Kadam (PW-242).
385. The fifth Nokia 1200 of silver-and-black colour was recovered from Hotel Oberoi vide Ext. no. 790. Its IMEI number was 353526025933620. This mobile phone had a Sim card issued in the name of one Rita Agarwal. She was among those killed by the terrorists at Hotel Oberoi. It appears that, as with Gabriel Holtzberg, Rita Agarwal’s mobile phone was also taken away by the terrorists at Hotel Oberoi, who took out the Sim card from her mobile and used it to make calls from their own mobile. Any call made through the Sim card of Rita Agarwal would display the number 9820704561 on the receiving phone. This was the third number that had come to the notice of Kadam (PW-242).
386. It is thus clear that the terrorists at Hotel Taj were using a Sim card that was obtained in India under a fictitious name Suresh Praad on the basis of fake identity documents. The terrorists at Nariman House and Hotel Oberoi used Sim cards snatched from their respective victims, which they used to make calls from their own mobile phones.
387. From the materials brought on record, it is evident that all the aforementioned five Nokia 1200 mobile phones were manufactured in DongGuan, China, and were shipped to Pakistan. Exhibit no. 606 is a communication dated February 12, 2009, from Mary Lozano, ACP, Enforcement Manager / Americas Nokia Inc. (PW-155) addressed to SA Geoffrey Maron of the Federal Bureau of Investigation (PW-153). In the aforesaid communication it is stated as follows:-
“February 12, 2009.
SA Geoffrey Maron Federal Bureau of Investigation 11000 Wilshire Blvd Los Angeles, CA 90024 In response to the FBI’s request via United States legal authority, Nokia provides information from our records concerning the following specific Nokia devices:
1. Nokia 1200, IMEI # 353526024049451 2. Nokia 1200, IMEI # 353526025828739 Manufactured: DongGuan, China Manufactured: DongGuan, China Date shipped: June 28, 2008 Date shipped: June 26, 2008 Country shipped to: Pakistan Country shipped to: Pakistan Vendor product sold to: United Mobile Vendor product sold to: I2 Pakistan (Pvt.) Ltd.
3. Nokia 1200, IMEI # 353526025842235 4. Nokia 1200, IMEI # 353526025840890 Manufactured: DongGuan, China Manufactured: DongGuan, China Date shipped: June 26, 2008 Date shipped: June 26, 2008 Country shipped to: Pakistan Country shipped to: Pakistan Vendor product sold to: I2 Pakistan (Pvt.) Ltd. Vendor product sold to: I2 Pakistan (Pvt.) Ltd.
5. Nokia 1200, IMEI # 353526025933620 Manufactured: DongGuan, China Date shipped: June 28, 2008 Country shipped to: Pakistan Vendor product sold to: United Mobile Further, our records reflect that at the time of shipment, I2 Pakistan (Pvt.) Limited’s address was:
I2 Pakistan (Pvt.) Limited 2nd Typical Floor, Executive Tower Dolmen City, Block 4, Clifton Karachi Pakistan Within the scope of my employment with Nokia, and in compliance with United States law, I am authorized to provide the above listed information derived from Nokia’s records.
Sincerely, Mary Lozano, ACP Enforcement Manager/ Americas Nokia Inc. 6021 Connection Drive, MS 2-5-520 Irving, Texas”
388. We have seen the mobile phones and the SIM cards by means of which the terrorists holed up in the places targeted by them were calling their collaborators across the border and also the medium through which the exact location of the collaborators was hidden. Now we come to the substance of the conversations between the terrorists and their collaborators.
389. The attack on Mumbai killing and wounding scores of innocent people was a wicked act, and the conversations between the terrorists and their collaborators while the attack was underway appear to be its ugliest and most hateful part. Those conversations unveil warped minds conceiving perverted objectives and trying to realize those objectives through vicious and dastardly means.
390. In an early talk that took place between 01:15:01 to 01:16:42 hrs. on November 27, 2008, between one of the terrorists from Hotel Taj and the collaborators, the latter appear quite anxious that the hotel building should be set on fire. They constantly urge the terrorist to start the fire but this man seems to be a little nervous as he finds himself alone holding a hostage (Ramamoorthy) while his other partners, who had gone on reconnaissance and in search of more hostages, are delayed in returning. Every time the collaborators ask him to start the fire and throw grenades he complains that his partners have not come back even though he had told them to come back quickly. The collaborators ask him many questions about the sea journey and get answers that would not have made them very happy as everything did not go as per instructions. The terrorist in Hotel Taj told them that the Indian boat was not sunk in the sea but was left afloat. What is more, Abu Ismail’s satellite phone and a GPS too were left in the boat. The only information that seems to have pleased the collaborators was that the navigator of the Indian boat was killed by cutting his neck. [But on that score also the happiness was not complete because his body was not thrown into the sea but left on the boat itself.] In the midst of getting all this information the collaborators keep pressing the terrorist to start the fire but this man appears unequal to the task.
391. In another conversation between the terrorists at Nariman House and the collaborators, one of the hostages, a Mexican citizen called Norma Shvarzblat Robinovich, is brought to the phone and is threatened by the collaborators that if she wanted to remain alive she must do their bidding and talk to the Indian authorities as dictated by them. The poor woman agreed to do all that they demanded and yet she was killed at the end without the slightest qulams. As noted above, the recording of the intercepted conversation extend over twelve and a half (12.5) hours. The transcripts of the recorded conversations are accordingly long. We propose to take a look at a few excerpts as samples under the following heads.
1. Exhortation to fight in the name of Islam against heresy, and the allurement of martyrdom.
2. Deception that the terrorists were Indians and were venting the grievance of the Indian Muslims; also an attempt to involve Israel.
3. Rejoicing over the killing of the high police officers.
4. Advising the terrorists on tactics to deal with the security forces, who were called in to neutralize them.
5. Killing of the hostages Exhortation to fight in the name of Islam against heresy, and the allurement of martyrdom
392. (1) TRANSCRIPTS FROM HOTEL TAJ Talk No. 3 (Ext. no. 970 Collectively) (The collaborator talking from across the border is marked as ‘UK’ and the terrorists holed up in Hotel Taj are marked as ‘T’) UK 2: Allah yaar aapka kaam kabool kare. Bahot saare logon ke zakhm par marham rakha gaya hai. Jo dua aapko batayee thee na wo bhoolni nahi hai. Jahan bhi baitho teen baar dua zaroor padhni hai.
[My friend, may Allah accept your deed. Balm has been put on the wounds of many people. Do not forget the prayer that we made you learn; wherever you sit recite the prayer three times.] UK 2: Baaki bhaiyon ko salaam kehna. Mazboot rehna apni baaton mein, apni baaton mein mazbooti paida karo. Aapne duniya ko chhoda hai. Jannat Insha-allah iss se bahut behtar hai. Apne vaade zaroor poore karna jo sachhe vaade hain. Hamare liye bhi dua karna.
[Tell my ‘Salaam’ to the rest of the brothers. Be strong in your actions; in your actions instill strength. You have left this world. Paradise is far better than this world. You must fulfil your promises, which are true promises. Pray for us too.] TRANSCRIPTS FROM HOTEL OBEROI Talk No. 4 (Ext. no. 979) (The collaborator talking from across the border has been marked as ‘UK’ and the terrorists holed up in the Hotel Oberoi are marked as ‘T’) UK: Insha-allah, pata matlab yeh hai ki iss waqt Islam aur Kufr ka mamla hai. Hum woh bande hain jisko Allah ne apne deen ke jahaan ke liye bheja hai. Matlab shahadat ki maut toh badi hai. Lekin hai shahadat ka andaaz hai ki dushmanon ke dil mein khauf bitha dein. Aur sahi andaaz hai matlab shahadat. Matlab, na darne ki baat hai, shaheed ka paigaam aage rakhna hai.
[God willing, you know, what I mean is at this time the issue is between Islam and heresy. We are the slaves of God whom he has sent for expansion of the true faith. I mean, death as a martyr is a big thing. But the style of martyrdom should be such as to put fright in the heart of the enemies and that is the style of martyrdom. What I mean is there is nothing to fear, the message of the martyr must be put forward.] UK: Dua karo, dua ka waqt hai. Sahi Allah ke saath kiye vaade poore karein. Theek hai.
[Pray. It is time for prayer and keep your promise to Allah. All right!] UK: Aisa ladna hai ki unhein maloom pade ki Allah ka sher mere peechey pada hai.
[Fight in such a way, they should feel that Allah’s lion is after them.] T-II: Insha-allah.
UK: Insha-allah. Matlab Shaheed.
[God willing. What I mean is martyr.]
T-II: Insha-allah. Dua karo.
[God willing. Pray for me.]
UK-II: Unko bada maan hai Hindu bhai ko, unka maan khaak mein mila
[They have great pride those Hindu bhais. Let their pride be trampled in mud.] T: Insha-allah.
[God willing.] UK-II: Sahi hai. Zikr karo Insha-allah kaamyaabi har taraf se aapki hai. Aapki yeh kaamyaabi Allah kabool karle, theek hai. Sahi Insha-allah, Allah-tala ne Jannat bilkul clear kar di. Aapke liye shareer mahi hai. Insha-allah sabne jaana wahin par hai. Jis raste se aap chal rahe ho woh himmatwala rasta hai. Insha- allah, himmatwala kaam karna hai.
[Remember Him and God willing success will be of yours. May God accept your success. That is right. Right, God willing. Allah has completely cleared paradise for you. Everyone has to go there. The path on which you are treading that is the path of strength. God willing. You have to do the courageous deed.] T: Insha-allah.
[God willing.] Talk No. 11 (Ext. no. 981) (This is towards the conclusion perhaps the last minutes of Fahadullah).
UK: Valeykum Salaam, kya haal hai Fahadullah, mere yaar khairiyat
[Valeykum Salaam. How are you Fahadullah, my friend are you all right?] T: Abdul Rahman Bhaiyya Allah ko pyaare ho gaye.
[Abdul Rahman Bhaiyya has been taken away by God.] UK: Achha, aapke paas hi hain?
[Well, is he near you?] T: Haan jee; paas hi hain.
[Yes. He is near me.] UK: Allah kabool kare. Mere veer sabr karna hai, himmat karni hai aur muquabla karna hai datt ke.
[May Allah accept him. My brother have forbearance. Be brave, you have to fight unrelentingly.] T: Insha-allah.
UK: Haan. Allah madad karega.
[Yes. Allah will help you.]
UK: Theek hai mere yaar, himmat karo. Muquabla karo, josh se lado.
Theek hai. Dua karo, iss waqt karo, iss waqt ki dua badi kabool hoti hai.
[All right my friend. Be brave. Fight, fight with passion. Alright. Pray, pray. Prayer at this time is very readily accepted.] Talk No. 12 (Ext. no. 982) UK: Giraftaari waali shakl nahin hone deni. Yeh baat yaad rakhni hai.
(There cannot be the eventuality of arrest. You have to remember this.) T: Nahin. Insha-allah, Insha-allah.
(No. God willing, god willing.) UK: Himmat karni hai mere veer, ghabraana nahin hai, Insha-allah;
goli lage toh kaamyaabi hai. Allah intezaar kar raha hai.
(My brother you have to be strong. Do not be afraid. God willing. If you are hit by a bullet, in that is your success.
God is waiting for you.)
T: Haan jee. Insha-allah.
(All right. God willing.)
Deception that the terrorists were Indians and were killing people to vent the grievance of the Indian Muslims; also the attempt to involve Israel
393. (2) TRANSCRIPTS FROM NARIMAN HOUSE Talk No. 7 (Ext. no. 984) (The collaborator talking from across the border has been marked as ‘UK’ and the terrorists holed up in the Nariman House are marked as ‘T’) UK-III: Aap woh poochhenge aap kahan ke hain. Kehna mein Hyderabad Deccan ka hoon.
[Now they will ask where do you belong to? Say, I am from Hyderabad Deccan.] T: Jee.
UK-III: Hyderabad city ka theek hai.
[City of Hyderabad, understand.]
T: Hyderabad Deccan.
UK-III: Hyderabad city ka Hyderabad city ka hoon aur chowki ka mera
[Hyderabad city, I am from Hyderabad city, from the Chowki area] T: Chowki UK-III: Tolee Chowki. Tolee Chowki.
T: Tolee Chowki theek hai.
[Tolee Chowki, all right.]
UK-III: Aur phir poochhey toh kehna Mujahedeen Hyderabad Deccan se mera
talluk hai. Theek hai.
[And if they ask further, say that you are associated with Mujahedeen Hyderabad Deccan.] T: Theek hai.
[All right] UK-III: Mujahedeen Hyderabad Deccan ise hasi sangeen (sic tanzeem) se mera taluk hai. Aur agar weh kehte hain ye action kyon ki hai. Hum hukumat ki doshi policy hukumat ki dohri policy hukumat peeth thapthapati hai. Aur prashasan sar pe tole marti hai.
[Mujahedden Hyderabad Deccan is the organization to which I belong. And if they say why did you do this action. (say) against the wrong policy of the Government, the dual policy of the Government. The Government pats the back and the administration knocks on the head.] T: Hukumat ki doshi policy. Hukumat peeth thapthapati hai.
[The wrong policy of the Government. The Government pats the back.] UK-III: Hukumat peeth thapthapati hai.
[The Government pats the back.]
T: Peeth thapthapati hai.
[Pats the back.]
UK-III: Aur prashasan jo hai sar par tole maarta hai.
[And the administration, such as it is, knocks on the head.] T: Aur prashasan.
[And administration.] UK-III: Sar par tole maarta hai. Uski taaza misaal Sachhar Committee ki shifarishein, uski taaza misaal.
[Knocks on the head. Its recent example (is) the recommendations of the Sachhar Committee.] T: Uski taaza misaal.
[Its recent example.] UK-III: Sachhar Committee shifarish. Jis taraf hukumat jo ye ailaan karti hai aur darasal vajah prashasan Muslim yuvkon ko pakad pakad kar giraftaar karti hai.
[Sachhar Committee recommendations. On the one hand the Government makes this announcement and in reality in order to harass them, the administration pursues Muslim youths and arrests them.] T: Hukumat koi aur insaan karti hai.
[The Government makes another announcement.] UK-III: Prashasan uska amal Muslim yuvkon ko giraftaar karke deta hai.
Saabit karta hai.
[(And) the administration implements it by arresting the Muslim youth. This just shows.] T: Muslim.
UK-III: Muslim yuvkon ko, Muslim jawaanon ko.
[The Muslim youth, the young Muslim.]
T: Nau jawaanon ko.
UK-III: Giraftaar karke sabit karta hai.
[Makes it clear by arresting them.]
UK-III: Unka future barbaad karti hai. Unko ye ultimatum de denge hamra
abhi toh trailor hai abhi asal film to baaki hai. Hukumat ye jaan le yeh trailor hai, asal film to baaki hai.
[Destroys their future. Give them the ultimatum that this is only the trailor and the main film is yet to come. The Government should know that this is only the trailor and the main film still remains.] T: Hukumat ye jaan le sarkaar ye jaan le yeh trailor hai asal film to baaki hai.
[The Government should know, the Government should know that this is the trailor and the real film is still remaining.] UK-III: Yeh to abhi trailor hai.
[This is only the trialor.]
T: Yeh to abhi trailor hai.
[This is only the trialor.]
UK-III: Yeh to chhotta sa udaharan hai mein. Chhota sa example hai.
[This is only a small example, is a small example, is only the trailor.] T: Yeh trailor hai.
[This is only the trialor.]
UK-III: Yeh chhotta sa humne aapko dikhaya hai.
[We have shown you only this little thing.]
T: Film to abhi saara pada hai.
[The whole film is still there.]
UK-III: Unko kaho ye chhota sa namoona hai. Abhi hukumat ko dekhna hai.
Aage aur kya kya hota hai.
[Tell them this is only a small sample. The Government is yet to see what happens in the time to come.] T: Abhi hukumat dekhegi kya hota hai.
[The Government will see what happens now.]
UK-III: Theek hai.
T: Theek hai. Theek hai.
UK-III: Woh kahenge na aapka demand kaya hai. Hello.
[They will say what is your demand. Hello.]
T: Haan jee, haan jee.
[Yes jee, yes jee.]
UK-III: Jitne bhi jailon mein musalman qaid hain unko riha kiya jaaye.
[All the Musalmans who are languishing in jails should be released. Number one.] T: Saare musalman riha.
[All the Musalmans released.] UK-III: Jitne bhi jailon mein band musalman hain unko riha kiya jaaye.
[All the Musalmans who are locked up in jails should be released.] T: Theek hai.
UK-III: Theek hai. Number do.
[Alright. Number two.]
UK-III: Muslim state, Muslmanon ke hawaale kiya jaaye.
[Muslim state should be handed over to the Musalmans.] T: State Musalmanon ke hawaale kiya jaaye.
[State should be handed over to the Musalmans.] UK-III: Number teen. Kashmir se fauj bulayee jaaye. Unko unka haq diya jaaye. Kashmiriyon ko unke haq diya haaye (jaaye).
[Number three. The Army should be withdrawn from Kashmir. They should be given their rights. Kashmiris should be given their rights.] T: Theek hai.
[Alright.] UK-III: Babri Masjid ki jagah par fauran masjid ka kaam shuru kiya jaaye. Uss Jagah ko musalmanon ke hawaale kiya jaaye.
[At the site of Babri Masjid, work should immediately commence for construction of the mosque. That spot should be handed over to the Musalmans.] T: Theek hai. Theek hai.
[Alright. Alright.] UK-III: Uss jagah ko musalmanon ke hawaale kiya jaaye. Israel ke saath gathbandhan na kiya jaaye.
[That spot should be handed over to the Musalmans. There should be no collaboration with Israel.] T: Israel ke saath gathbandhan na kiya jaaye.
[There should be no collaboration with Israel.] UK-III: Israel ke saath gathbandhan na kiya jaaye.
[There should be no collaboration with Israel.] T: Jee [Jee.] UK-III: Hello [Hello.] T: Haan jee.
[Yes jee.] UK-III: Israel ko ye ultimatum diya jaaye ya bawar [beware] kiya jaaye ki woh musalmanon par zulm na kare. Philippines udhar zulm jaati bandh kare.
[An ultimatum should be given to Israel; it should be made to realize not to oppress the Musalmans and Philippines too should stop oppressing and harassing.] T: Israel ko.
[To Israel.] UK-III: Philippines ki musalmanon ke upar jaatati [jyadati] bandh kiya jaaye.
[The harassment of the Musalmans of Philippines should stop.] T: Israel musalman ke khoon se khelna chhod dein.
[Israel should stop playing with the blood of Musalmans.] UK-III: Ha. (Whispers: Oberoi mein dhamakon ki awwaz) Theek hai.
[Ha. (Whispers to the colleagues with him: Sound of explosion in Oberoi. Alright.] T: Jee, Jee.
UK-III: Agar Israel uss tarah nahin karegaa toh poore… Yahi hai bus
[If Israel does not do like this then all this… That is it and alright.] T: Jee, Jee.
UK-III: Yahi kehna hai. Bus yahi kehna hai.
[This is to be said. Only this is to be said.]
T: Jee, Jee.
UK-III: Israel jo yeh bharat ke musalmanon ke beech mein dakhal andaazi
[Israel should not interfere with the Musalmans of Bharat.] T: Theek hai.
394. And it was exactly on these lines that the terrorists from Nariman House talked to India TV as the transcripts of those interviews would indicate.
395. The deception, the falsehood that the terrorists were Indian Muslims coming from Hyderabad and were connected with some fictitious organization called Mujaheddin, Hyderabad Deccan, is one of the most ominous and distressing parts of the conspiracy. If the appellant had not been caught alive and the investigating agencies had not been able to unravel the conspiracy fully and in all its devious ways, the terrorists might have passed as Indian Muslims and that would have led to devastating short-term and equally debilitating long-term consequences. It would have caused a cleavage of distrust and suspicion between communities and disturbed the communal peace and harmony of the country. It is not impossible that conflagrations would have erupted in different parts of the country which the governments would have found difficult to contain.
396. In this regard, the selection of CST as one of the targets for carnage assumes great importance. Trains leave for many parts of the country from CST. Thus, as news of the carnage spread across the country through the media, travelers would start arriving in different parts of the country, some having lost their near and dear ones at CST, some with a wounded companion and others shell-shocked by the experience of a terrorist attack on the railway station. Their first-hand, eye-witness accounts of the carnage added to reports in the print media and visuals in the electronic media could be highly inflammable and could easily evoke communal violence that would be difficult to contain.
397. The deception was ominous because it aimed at destabilising Indian society and its governments. But it was equally distressing for being so deeply untruthful. Indian Muslims may have a long list of grievances against the establishment. Some of the grievances may be fanciful, some may be of their own making and some may be substantive. Nevertheless, no Indian Muslim would even think of venting his grievance like an animal, killing, maiming and wounding innocent people; his own countrymen. This is because he is not only loyal to his faith and community but equally loves his country and fellow countrymen.
Rejoicing over the killing of high police officials
398. (3) TRANSCRIPTS FROM HOTEL TAJ Talk No. 3 (Ext. no. 970) (The collaborator talking from across the border has been marked as ‘UK’ and the terrorists holed up in the Hotel Taj are marked as ‘T’) UK: Koi masla nahin mere yaar, pareshaan nahin hona mere yaar. Aap kaam karo, Allah ki dua se saari Bombay mein tabahi mach gayi hai. 260 bandhe zakhmi hain aur kayee officer mare gayee hain, pachaas fidayeen ghusey hain. Har terah choudah jagah firing ho rahi hai. Sahi Allah ke dua se mahaul bana raha hai. Koyee pareshaani ki baat nahin.
[There is no problem my friend, don’t get worried my friend. You do your work. By the blessing of God there is destruction all around in the whole of Bombay. Two hundred and sixty (260) people are wounded and many officers are killed. Fifty (50) fidayeens have entered. Firing is going on at thirteen-fourteen (13-14) places. By the blessing of God the right atmosphere is developing. There is nothing to worry.] T: Pareshaani wah bass hai. Do bhai gaye hain. Who jaldi aa jaayein. Unko mein baar baar kehta hoon. Jaldi aa jaao, jaldi aa jaana.
[The only worry is two brothers have gone. They should come quickly. I told them repeatedly:Come quickly, come quickly.] UK: Aapke yahan shayad koyee helicopter aayega. Kyonki aapke yahan koyi wazeer fansey hain hotel mein? Hotel mein bhi media bata rahe hain ki wazeer fansey hain.
[A helicopter may come to your place. Because there is some Minister trapped in the hotel? The media too informs that some Minister is caught in the hotel.] T: Achha.
[Very well.] UK: Ab wazeer alam ye kaha hai. Helicopter bhejkar woh wazeer logon nikalo. To aap aag laga do darwaza nahin khol rahe hain. Parde nikalkar aag lagao. Kamron ko aag lagao to wazeer jale. Aur unki jaan jaayen.
[Now the Prime Minister has asked for sending a helicopter to get that Minister (those Ministers?) out. Then you set fire (if) they are not opening the doors. Take the curtains and set them on fire. Set the rooms on fire so that the Minister should burn. And get killed.] T: Chalo koshish karte hain. Woh aa jaaye na yaar to yeh masla hai. Hum donon rumaaliyon ke paas bethe hain, woh aa jaate hain to hum ikattha koshish karte hain.
[Very well, we’ll try. The problem is that they’re not coming. I am sitting with the two hostages. When they come back, we shall try (to start the fire) together.] UK: Aur ek Commissioner maara gaya hai Allah ki dua se. Aapko kaha hai ek hathoda opener dhoondo.
[And one commissioner is killed by the blessing of God. I told you to find a hammer or an opener.] T: Nahin, nahin mila.
[It is not found.] UK: Mere bhai jahan bhi deewaron par cylinder aag bujhane ko lagaayein hain, udhar hathoda latkaay rehtey hain. Har hotel mein rehta hai. Har manzil pe rehta hai, har gali mein hota hai.
[My brother at all the points where cylinders are fixed for extinguishing fire a hammer would also be hanging. It is there in every hotel. It is there on each floor, it is in every corridor.] T: Woh kis liye hota hai.
(Whisper) Sabse zyada zulm karnewala Commissioner maara gaya.
[What is its purpose.] [(Whisper) The Commissioner who oppressed most is killed.] UK: Achha mere veer mere bhai jaldi se aag lagao jaise maahol banega. Aur log ghabra jaayengein, aag ke sholey bahar nazar aa jaayengein.
[Alright my veer, my brother, please start the fire quickly. That would set the scene and people will panic, the flames would be visible from outside.] UK: Haa, Maine kaha yahan ka Bombay ka police. … [Yes I said of this place, of Bombay police.] T: Haa haa Pathan hai.
[Yes yes, he is pathan.]
UK: Yeh Bombay ka Chief maara gaya.
[The Bambay Chief is killed.]
T: Whisper (to the handler): Maharashtrya hai. (to the hostage) Tu
kidhar ka hai. Kis ilake ka hai tu kidhar ka hai.
[Whisper (to the handler): He is Maharashtrian. (To the hostage) Where do you belong? From which region, which place?] UK: Chief maara gaya hai. ATS chief maara gaya hai.
[The chief is killed. The ATS chief is killed.] TRANSCRIPTS FROM NARIMAN HOUSE Talk No. 18 (Ext. no. 988) (The collaborator talking from across the border has been marked as ‘UK’ and the terrorists holed up in the Nariman House are marked as ‘T’) T: Woh toh keh raha tha do bhai surrender ho gaye.
[He was saying two brothers have surrendered.]
UK: Nahi bakwaas kar rahe hain.
[No they are talking nonsense.]
UK: Surrender ho gaya. Bakwaas kar raha hai. Kal se lekar aaj tak
unse koyi bhi jagah clear nahin hui hai.
[Surrendered! He is talking rubbish. From yesterday till today no place has been cleared by them.] T: Aur kya naam lete hain. Uska. Baaki bhai kahan tak pahunch gaye hain.
[And what other names do they take. His. Till where the rest of the brothers have reached.] UK: Sab jahaan jahaan apni apni jagah par gaye they na.
[They all went where they were meant to go.]
T: Haan jee.
UK: Udhar hain. Allam Dulla woh toh sahi behtreen ladh rahe hain.
Kaam jaari hai. Insey ab tak koyi bhi jagah clear nahin hui. Yeh koyi na kahe rahe humne yeh jagah chudwa lee hai.
[They are there. Allah be praised they are fighting excellently. The work is in progress. They have not been able to clear any place. No one is saying that they have got this place freed.] T: Achha Achha dua karein, shahadat kee maut kubool karein. Dua [Well well pray for me, the martyr’s death may be accepted. Pray…] Advising the terrorists on the tactics to deal with the security forces who were called in to neutralize them
399. (4) TRANSCRIPTS FROM HOTEL TAJ Talk No. 3 (Ext. no. 970) (The collaborator talking from across the border has been marked as ‘UK’ and the terrorists holed up in the Hotel Taj are marked as ‘T’) UK2: Baat suno.
T3: Haan jee.
UK2: Jahan se aap mudhkar aaye ho, aapka munh samudr ke baaju hua.
[The spot from where you have returned, you should be facing the sea.] T3: Haan haan.
T3: Haan jee. Mein sun raha hoon.
[Yes jee. I am listening.]
UK2: Jis taraf aap mude ho aapka munh samudr ke paas hua. Wahan mod
ke road ke upar ek building hai civil logon ki. Woh asal mein Navy ki hai. Woh civil ko di hai. Uskey taraf do jagah police waale khade hain. Woh position lekar aapke upar shisht lekar firing kar rahe hain. Jis tarah aap gaye hain. Uske peechey se aakar aapko fire karna padhega. Theek hai.
[The way you have turned, you should be facing the sea. There, at the corner of the road, there is a building of civilian people. In reality that belongs to the Navy. It is given to the civilians. Over there, policemen are standing at two places. They have taken position and, taking aim at you, they are firing at you. The way you have gone you would have to come from behind and fire at them. You understand?] T3: Theek hai.
Talk No. 8 (Ext. no. 972)
UK: Kyaa haal mere yaar? Shift ho gaye neechey.
[How are you, my friend? Have you shifted below?] T: Haan ji shift ho gaye hein aur doosare kamron mein chale hain clear karne ke liye.
[Yes jee, we have shifted and are moving to clear the other rooms.] UK: Upar aag laga di hai?
[Have you set fire upstairs?] T: Grenade fenka hai. Grenade.
[We have thrown a grenade. Grenade.] UK: Grenade ki awaaz aa gayi hai. Grenade unhone dikha diya hai.
Dhamaka hua hai. Aadmi zakhmi hue hain.
[The sound of the grenade has come. They have shown the grenade. The explosion has taken place. People are wounded.] T: Toh aag lagane lagey hain.
[So, (you) have started to lit the fire.] UK: Jis kamre se nikal kar aaye ho upar waali manzil hai na?
[The room from where you’ve come (is) on the upper floor?] T: Haan jee, haan jee.
[Yes jee, yes jee.]
UK: Usko mere yaar jaakar aag lagao.
[My friend, go and set fire to it]
T: Haan jee bhai.
[Yes jee, bhai.]
UK: Kamron ke beech pardey hain gadde hain unko ikathha karke aag
[In the rooms there are curtains and cushions, Put them together and set them on fire.] T: Asal aag lagane mein bhi utni der lagati hai aur rumaali dhondhne ko utni der lagati hai. Bataao ki hum kya karein. Aage ki toh mauj laga denge masha-allah.
[Actually it takes some time to start a fire, and it takes as long to find hostages. Tell us what to do. We’ll create real fun, presently.] UK: Aag laga do, aag laga do mere yaar, kamra koyi naya clear karne lage ho.
[Set fire, set fire my friend; are you clearing any new rooms?] T: Haan jee.
[Yes jee] UK: Pehle chalo aag lagao mere yaar upar ek banda bas ho gaya. Aag lagake neechey aa jaao. Ek banda hai na.
[First go and set a fire, my friend. One fellow (is caught) upstairs, that is enough. Set fire and come down. You have one fellow, don’t you?] T: Nahin do bandey hain.
[No there are two men.] UK: Nahin do bandey toh upar, party poori bhej do unke paas phone hai na doosra.
[No, two men are upstairs. Send the whole party to them. You have the other phone?] T: Haan jee.
UK: Dono ikkatha karke aag lagake aao.
[Put them together and set the fire and come.]
T: Asal mein hum seediyon ke paas ek kamra liya hai bada
jabardast, ek banda seediyon ke paas ek banda andar mein baitha hai roomali ke saath aur do bande baahar khyal rakhenge.
[Actually, we have taken a room near the stairs that is great. One man is near the stairs, one man is sitting inside with the hostage, and two men are keeping watch outside.]
UK2: Fire hua hai.
[There has been a fire]
T2: Haan fire hua. Abhi apna darwaaza band rakhein?
[Yes, there has been a fire. Should we keep our door closed?] UK: Nahin aap chaaron ek kamre mein nahin ikkatha hongein. Woh yaad rakhein aapke kareeb koyi pahunchega toh aapke hain na jo aapke paas baithey hue.
[No, all four of you should not be together in one room. Keep in mind, if anyone comes close to you then those (hostages) who are sitting with you…] T2: Haan.
[Yes] UK: Jab aapko lage koyi hamarey kareeb pahunch gaye hain aur hamare liye mushkil ho rahi hai. Tab unko aapne khadka dena hai.
[When you feel someone has reached close to you and its getting difficult for you, then you have to kill them (the hostages).] T2: Haan haan. Insha-allah. Khadka denge. Insha-allah chaaron hum ek hi kamre mein hain hum log.
[Yes yes. God-willing, we shall kill them. God-willing all four of us are in the same room.] UK: Haan yeh baat suno. Chaaron ek kamrey na hon. Do kamron mein aapne intezaam karna hai.
[Yes, listen to this. All four of you, don’t be in one room. Make arrangements in two rooms.]
UK2: Yeh aap kis manzil par hain aap.
[On which floor are you?]
T2: Hum sabse upar waali chhodkar neecheywale pe.
[On the topmost but one.]
UK2: Sabse ooperwali chhodkar neechey wale pe. Bande kitne hain
[On the topmost but one. How many hostages are with you?] T2: Ek minute jee. Sohaib ko fire maara hai unhon ne toh pehle band karte hain phir aapse raafta (baat kartey hain) kartey hain.
[One minute jee. Sohaib has been fired at by them so we stop this talk and get connected with you later on.] UK2: Line mat kato hum sun rahe hain.
[Don’t cut the line, we are listening.]
T2: Ek minute.
UK2: Position badlo. Position badlo.
[Change your position. Change your position.]
T2: Achha achha. Sohaib ne maara hai un bandon ko fire.
[All right, all right. Sohaib has shot at those men.] UK2: Allam Dulla jagah badlo, position badlo, ikkattha mat baitho.
Jahan se aa rahe hain wahan grenade fenko. Teesri manzil pe baithe hain.
[Allah be praised, changed your place, change your position, don’t sit together. Throw a grenade at (the direction from) where they are coming. They are on the third floor.] TRANSCRIPTS FROM HOTEL OBEROI Talk No. 4 (Ext. no. 979) (The collaborator talking from across the border has been marked as ‘UK’ and the terrorists holed up in the Hotel Oberoi are marked as ‘T’) UK: Aapki building ke upar fauji apni position bahut mazboot kar rahi hain. Number ek.
[On the top of your building the soldiers are making their position very strong. Number one (1).] T: Jee, Jee.
[Jee, Jee.] UK: Agar aapko manzil pe aawaaz aa rahi ho toh chhupo andar.
[If noises are coming on your floor then hide inside.] T: Haan jee.
[Yes jee.] UK: Aapko aawaaz nahin aa rahi ho to aap nikal kar jahah aapko movement nazar aati hai wahan par fire karo.
[If there are no noises coming to you then come out and fire at the spot where you see any movements.] T: Aawaaz to khair aa rahi hai bahut jyaada balki dhamaka bhi kiya hai.
[Definitely, there is a lot of noise, and there has also been an explosion.] UK: Pehli manzil par aa rahi hai aawaaz. Dhamaka, dhamaka, kaun sa hua hai?
[The noise is coming on the first floor? Explosion, explosion, what explosion happened?] T: Pata nahin kaun sa hai.
[I don’t know what (explosion) is this.]
UK: Army ne kiya na?
[Is it by the Army?]
T: Haan jee.
UK: Saamne aapke manzil par se aa rahi hain kya aawaazein?
[Are noises coming from the front side of your floor?] T: Haan jee, aa rahin hain.
[Yes jee, (noises) are coming.] UK: Haa, phir aap mazboot hokar dono iss tarah se position lekar agar do – teen bande andar ikkathha aate hain toh… aapke paas magazine kitni hai?
[Ha, then be strong and the two of you should take positions in a manner that in case two or three men come inside together then… how many magazines do you have?] T: Char – paanch hain.
[Four-five (4-5) are there.] UK: Aapki magazine ko burst pe kar lo. Char char hain naa?
[Put your magazine on ‘burst’ mode. Each of you have four (4), right?] T: Haan jee.
[Yes jee.] UK: Aap magazine ko load kar, aap apni gun ko burst par kar lo. Jab bhi fire karna hai.
[You load the magazine and put your gun on burst when you have to fire.] T: Sahi.
[Right.] UK: Phir control karke chhota karna hai kyonki jab entry hogi toh ek ke baad doosra, doosre ke baad teesra, aisa aana hai unhonein. Tab burst fire karna hai. Zarase bhi nazdeek aayenge to grenade fenko aur jaise grenade fenkoge tab aapne bahar nikal kar saamne daayein baayein firing karni hai toh phir Fadullah.
[Then you have to control and make it smaller because when they enter, the second would come after first and the third after the second. They would come like this. Then you have to fire the ‘burst’. If they come any closer, then throw the grenade and as soon as you throw the grenade come out and fire in the front and to the right and left and then… Fadullah!]
UK: Theek hai naa, hausle dena. Mere dost gun burst par karlo.
Matlab bilkul position set karke baitho. Aap kissi aad se baithe ho ya khule baithe ho?
[Is it all right, give courage. My friend put the gun on ‘burst’. I mean sit in perfect position. Are you sitting behind some cover or are you exposed?] T: Side par baithe hain.
[We are sitting at one side.] UK: Aise baithen ke andar aate hain, aapke upar nazar nahin pade.
Aap kissi sofe ke peechhey bairal gun ki nikaal kar baitho. Yeh ek andaaza hai. Khada banda nazar aa jaata hai. Aaap aise position leke baitho, unko andar aate hi unhein nazar ghumani pade, unko clear karna pade, woh kamre clear kar rahe hain. Sabse pehle unhone clear karna hai. Aapke kamre mein bed aur saamaan kitna hai?
[Sit in a manner that you may not be within the sight of someone coming inside. Sit behind some sofa with the barrel of the gun sticking out. This is only a suggestion. A standing man is easily sighted. Sit at a position that on coming inside they may have to look around, they may have to make clear. They are clearing the rooms. First of all they have to clear. How many beds and other articles are there in your room?] T: Haan jee hai.
[Yes jee it is there.] UK: Aapke kamre mein bed saamaan hai na unki aad leke baitho toh aap uske peechhey dekhkar baithna. Bahar jab aap grenade fenkna hai toh aap ek bandene peechhey ho jaana hai. Achha, jaise grenade khatam hoti hai bahar nikal ke dono taraf se fire shuru karna. Jitna dushman marna ya bhaagna, poora floor kaabu kar lena, Insha-allah. Uske baad ladhai chaalu hogi.
[In your room there is bed and other articles. Make sure that you sit behind them. When you are throwing grenade outside, then one of you should stand behind the other. And as the grenade’s explosion dies down, go out and start firing on both sides. Kill as many of the enemy as possible or make them flee, control the entire floor, God-willing and then the battle will begin.] T: Insha-Allah, theek hai.
[God-willing alright.] UK: Matlab position safe rakho, agar aapke aage bed hai na foam wagaira kaa, lakkad ka foam ka sofa hai. Aisi cheez se aadh milegi agar aapko grenade fenkna padta hai to fenko. Matlab aisa darwaza kholkar fenko apne pairon mein nahin fenk lena. Lekin yeh option hai. Magazine laga ke sab tarah se taiyar rakho. Insha-allah jo ek banda milta hai Insha-allah chhodna nahin hai.
[I mean keep your position safe. If you have a bed in front of you of foam etc. or a sofa of foam or wood. Such things will provide you cover, if you have to throw the grenade then throw. I mean open the door and throw it and don’t throw it on your own feet. But there is an option. Fix the magazine and be ready in all ways. God-willing, if you get hold of a person God-willing he is not to be spared.] Talk No. 12 (Ext. no. 982) UK: Salaam vaaleykum. Fahadullah mere veer; ladayee ki koyi shikast banti nahin ki aap bahar aakar ladain. Grenade fenk kar wahan se nikalne ki koshish karein, kahin aur jaa sakein.
[Salaam vaaleykum Fahadullah my brother. You should come out and fight. Throw the grenade and try to come out so that you may change your position.] T: Grenade fenk diye hain donon.
[I have thrown both the grenades.]
UK: Grenade fenk diye hain?
[Have you thrown the grenades.]
T: Haan jee.
UK: Ab kalashan magazine kitni hain tumhare paas?
[How many kalashan magazines do you have?]
T: Mere paas do hi hain.
[I have only two.]
UK: Giraftaari waali shakl nahin hone deni. Yeh baat yaad rakhni
[There should be no situation of arrest. You must remember that.] T: Nahin. Insha-alla, Insha-allah.
[No. God-willing, God-willing] UK: Aur ladhna padhega toh hi maamla seedha hoga, aisa na ho ki woh dhooein ka bomb fenk kar aap behosh kar dein aur jaayein aur aapko uthalein.
[And it is only by fighting that the situation will be straightened out. There should not be a situation that they make you unconscious by throwing a smoke bomb and later take you (alive).] T: Nahin.
[No.] UK: Woh badha nuksaan hai. Aap aagey badhkar ladhein, aapko kaheen se bhi nazar aa jaate hain. Khidkiyon se aap nahin dekh sakte, nazar aate hi aap fire karo. Fire karo, burst maaro. Uske saath halchal mach jayeegi toh aap nikalne ki koshish karo.
[That would be a great loss. You come forward and fight if you see (them) from anywhere. Cannot you see from the window? Fire as soon as you see (them). Fire, shoot a burst. That would cause a commotion and then you can try to get out.] T: Chalo, try karte hain, Insha-allah.
[Very well, I will try, God-willing.] UK: Haan mere veer; gun ki barrel nikalein, burst nikalein, ussi burst ke saath dono side nikale aur aap nikal kar jagah badalne ki koshish karo.
[Yes my brother, put the barrel of the gun outside and fire a burst and with the firing of the burst come out and fire on both sides and try to change your place.] T: Theek hai jee.
[All right jee.] UK: Jahaan baithe hain aapko pata hai ki fire aata hai udhar dono taraf se? Pandrah-bees goli nikal jaaye, poori magazine khaali ho jaaye aur doosari magazine aapke haath mein hai woh laga do aur aap wahan se nikal jaao.
[From where you are sitting do you know that shots are coming (at you) from both sides? Fire 15-20 bullets, empty your whole magazine, load the other magazine that is in your hand, and get away from that spot.] T: Theek hai, Insha-allah.
[All right, God-willing] UK: Himmat karni hai mere veer, ghabraana nahin hai, Insha-allah;
goli lagey toh kaamyaabi hai Allah intezaar kar raha hai.
[Be brave, my bother, don’t worry. God-willing, getting shot by a bullet is to be successful. Allah is waiting for you.] Killing of hostages
400. (5) TRANSCRIPTS FROM NARIMAN HOUSE Talk No. 26 (Ext. no. 990) (The collaborator talking from across the border has been marked as ‘UK’ and the terrorists holed up in the Nariman House are marked as ‘T’) UK.II : Achha, aap yeh khyaal rakhna; jo bandhi hain naa, yeh jab tak aapke paas hain tab tak yeh aapke upar fire nahin karenge. Samjha meri baat?
[Well keep this in mind, that as long as these hostages are with you, they will not fire at you. You understand me?] T: Jee jee.
[Yes, yes] UK.II: Inka faayda tabtak hai jabtak aapke upar fire aane se rok raha hai.
[They are useful only until they are stopping any firing at you.] T: Fire jab open ho jaayga.
[When the firing starts.] UK.II: Fire jab open ho jaayga toh aap unko khatm kar do.
[When the firing starts, finish them.]
T: Jee Jee
UK.II: Baat samajh aayi aapko? Fire jab open ho jaayga to aap unko
khatm kar do. Theek hai.
[Do you understand? When the firing starts, then finish them.
UK.II : Jab aapne dekha ke aapke upar dabaav aa raha hai sabse pehle
[When you feel that you are coming under pressure, then first of all finish them] T: Insha-allah.
[God-willing] UK.II: Kisi army ka yeh daava hota hai ki koyi bhi bande ko taqleef na hote hue kaam karna hota hai.
[Every army has this commitment to do their job without causing any harm to anyone.] T: Insha-allah. Insha-allah.
[God-willing, God-willing] UK.II: Abhi baat yeh hai ki inn logon ko bachane ke liye approach aa rahi hai. Agar yeh log maare jaate hain toh unke desh ke saath taalukaat kharab ho sakte hain. Shor bhi mach jaayga.
[Now the fact is that approaches are being made to save those people (hostages). If they are killed the relationship with their countries is likely to get strained. There may be a lot of noise too.] T. Insha-allah. Insha-allah.
401. In view of the enormous evidence of all possible kinds it is clear that the terrorist attack on Mumbai was in pursuance of a larger conspiracy of which the appellant was as much part as the nine dead accused and the other wanted accused. It will be futile even to suggest that the appellant while he was shooting at CST and at the other places along with Abu Ismail had no connection with the attacks taking place at the other targets by the other eight (8) members of the terrorist group. From the evidence on record it is further clear that the conspiracy did not stop with the group of 10 terrorists leaving the Pakistani shore. It continued developing and growing even while the larger conspiracy was under execution. In course of execution of the larger conspiracy by the ten terrorists in Mumbai, they were being advised and guided to meet the contingencies arising at those three different places. In other words, newer conspiracies were being hatched even in course of execution of the larger conspiracy and the conspiracies came to an end only when all the remaining eight terrorists were killed at the three places where they were holding up.