FINAL FORM / REPORT
(Under Section 173 Cr.P.C.)
IN THE COURT OFADDL. CH. M.M., 37TH COURT, ESPLANADE, MUMBAI
The Chief Investigating Officer of the sensational and diabolic attacks by the terrorists at different iconic locations in Mumbai on 26th November 2008, hereby submits a report under Section 173 of Criminal Procedure Code, 1973 as under.A heinous criminal conspiracy has beenplanned and hatched in Pakistan by the internationally banned Lashkar-e-Taiba to execute a series of attacks at prominent places in Mumbai, the financial capital of the country on 26thNovember 2008. This was with the express intention to destabilize India, wage war against this country, terrorize its citizens, create financial loss and issue a warning to other countries whose citizens were also targetted , humiliated and cold-bloodedly killed. This Fidayeen Mission was part of a larger criminal conspiracy planned in Pakistan for attacking the commercial capital of India with intent to wage war, to weaken India economically and to create terror and dread amongst the citizens of the Mumbai metropolis in particular and India in general and, thereby, through the said unlawful activities its perpetrators committed terrorist acts.
Lashkar-e-Taiba (Lashkar-e Tayyiba; literally means Army of the Good, translated as Army of the Righteous, or Army of the Pure) — also pronounced and spelt as Lashkar-i-Tayyaba, Lashkar-e-Tayyaba, Lashkar-e-Tayyiba, Lashkar-i-Taiba, or LeT — is one of the largest, most active and lethal militant organizations in South Asia.Lashkar-e-Taiba – “The Army of the Pure” is a militant offshoot of Markaz-ud-Dawa-wal- Irshad (MDI), an Islamic fundamentalist organization. Markaz-ud-Dawatul-wal- Irshad has since been renamed as Jamaat-ud-Dawa.It was founded by Hafiz Muhammad Saeed and Zafar Iqbal in the Kunar province of Afghanistan in 1989. It has its headquarter at Muridke near Lahore, Pakistan. It operates numerous training camps in Pakistan occupied Kashmir as well as in other parts of Pakistan. Lashkar has forged cooperative and operational ties with religious militant groups throughout the Middle East, South East Asia and also in other parts of the world.The Militant group’s defining objective is to Islamicise South Asia with its main aim being freedom for Muslims in India-administered Kashmir.The Lashkar-e-Taiba is banned as a terrorist organization by India, Pakistan, the United States, the United Kingdom, the European Union, Russia, Australia besides a host of other countries. Hafiz Saeed has been listed as the leader of the Lashkar-e-Taiba. The United Nations Security Council has also listed Zaki-ur-Rehman Lakhvi, Haji Mohammad Ashraf, and Mahmoud Mohammad Ahmed Bahaziq as senior members of the Lashkar-e-Taiba.Zaki-Ur-Rehman Lakhvi is listed as the terror group’s chief of Anti-India operations. Haji Mohammed Ashraf is the group’s chief of finance whereas Mahmoud Mohammed Bahaziq, a Saudi national who served as the leader of Lashkar-e-Taiba in Saudi Arabia, is a senior financier. Jamaat – Ud – Dawa has been recently declared as a terrorist front group by the United Nations (UN) as per its Resolution 1267. UN believes that this organization also supports Al-Qaeda and the Taliban.
XVIII. Offences Committed by The Terrorists :
The arrested terrorist accused in this crime viz. Mohammad Ajmal Mohammad Aamir Kasab alias Abu Mujahid, aged-21 yrs, Fahim Arshad Mohammad Yusuf Ansari @ Abu Jarar @ Sakib @ Sahil Pawaskar @ Sameer Shaikh@ Ahmed Hasan, aged-35 yrs, Sabauddin Ahmed Shabbir Ahmed Shaikh @ Saba @ Farhan @ Mubbashir @ Babar @ Sameer Singh@ Sanjiv@ Abu-Al-Kasim@ Iftikhar@ Murshad @ Mohammad Shafik@Ajmal Ali, aged-24 yrs. and other 9 deceased terrorist accused alongwith the 35 Wanted terrorist accused, have jointly hatched and planned a criminal conspiracy as mentioned above. In furtherance of this criminal conspiracy, they have at various targetted locations in the metropolis, indulged in cold blooded murders, attempt to murder, abductions, causing grievous hurts, wrongful confinements, threatening with dire consequences and assaulting members of public and public servants while they were discharging their lawful duties, damaging Government and Public properties by arson, and in pursuance of this objective forged identity documents and indulged in impersonation etc. and have, thus, committed grave and punishable crimes under section 120(B), 302, 307, 325, 326, 332, 333, 343, 353, 364, 365, 419, 427, 435, 465, 468, 471, 474, 506 (II), 34 of Indian Penal Code, 1860.The arrested terrorist accused and other 9 deceased terrorist accused have entered India illegally through Mumbai without any legal documents and, therefore, have committed an offence punishable under section 14 (c), 14-A(b) of the Foreigners Act, 1946 and section 3 of Passport (Entry into India) Act, 1920.It is very apparent that in these said offences, the arrested terrorist accused alongwith the deceased 9 terrorist accused and the 35 Wantedterrorist accused have committed an offence of waging war against the Government of India, entering into a conspiracy to wage war against the Government of India and towards that end collected men, arms and ammunition to wage war against the Government of India, etc. These are offences punishable under Sections 121, 121(A) and 122 of Indian Penal Code, 1860. The requisite sanction for cognizance of these offences under section 196 of Cr. P. Code 1973from the State Government has already been obtained vide order No TER-0109/CR-52/Spl.-1(B) dated 10/02/2009.It has also transpired that the aforesaid three arrested terrorist accused alongwith nine dead terrorist accused and thirty five wanted terrorist accused have conspired on foreign territory i.e. Pakistan and in furtherance of the conspiracy, the actual offence has been executed in India particularly at various targetted locations in Mumbai and also within the territorial waters of India.The requisite sanction from the Government of India has been obtainedunder the provisions of Section 188 of the Criminal Procedure Code, 1973, vide Order No F.No. 9/1/2009-Judl.Cell , dt. 14th Feb. 2009.
Since the aforesaid three arrested terrorists accused alongwith nine dead terrorist accused have used deadly firearms like Ak-47 and pistols, etc. in these offences, their acts attract the penal provisions of sections 3, 5, 7, 25 and 27 of the Indian Arms Act, 1959. The required sanction from the Deputy Commissioner of Police, Headquarters, Mumbai Police, is being obtainedas per provision of section 39 of Indian Arms Act, 1958. Since the aforesaid three arrested terrorists accused alongwith nine dead terrorist accused have used knives and bayonets to commit murders and grievous hurts they have committed offences punishable u/sections 37(a) r/w 135 Bombay Police Act, 1951 in contravention of prohibitory order issued by the Commissioner of Police, Mumbai. Since the aforesaid three arrested terrorist accused along with nine dead terrorist accused had, in their arsenal, procured and possessed RDX-laden IEDs, Hand Grenades and explosive materials and used the same to cause deadly and fatal explosions, their criminal act attracts the penal provisions under sections 6, 6(A), 9 (B) of Indian Explosives Act, 1884 and also the sections 3, 4, 5 & 6 of Explosive Substances Act, 1908. Requisite permission from the office of the Collector and District Magistrate, Mumbai City and from the office of the Collector and District Magistrate, Mumbai Suburban District, as per provision of section 7 of the Explosives Substances Act, 1908 has been received vide Order No MAG/T-1/E.M./Explosive Act/2009/7545 Dt. 21/02/200 and No. C/Desk-VII-C/WS-135/09 Dt. 24/02/2009 respectively. By smuggling AK-47 assault rifles, pistols, Hand Grenades, RDX-laden IEDs, etc., the arrested terrorist accused and the nine dead terrorist accused have contravened the provisions of the Customs Act, 1962 and, thus, have committed punishable offences under section 135 of the Customs Act, 1962. Application for Prosecution under Customs Act, 1962 is being sought from the Commissioner of Customs, Mumbai.Since the 3 arrested terrorist accused, the dead 9 terrorist accused and the 35 wanted terrorist accused persons have conspired with a view to harm railway passengers and have acted in a manner endangering the lives of Railway passengers and destroyed/damaged railway properties, they have committed punishable offences under sections 151, 152, 153, 154 of the Indian Railway Act, 1989.
Since the 3 arrested terrorist accused, the deceased9 terrorist accused and the 35 Wanted terrorist accused had conspired and by the use of RDX-laden IEDs, Hand Grenades and deadly Assault Rifles, damaged public properties, they have committed punishable offences under section 3 & 4 of the Prevention to the Damage of Public Properties Act, 1984.The 3 arrested terrorist accused, the deceased 9 terrorist accused and the 35 Wanted terrorist accused are members of The Terrorist Organisation Lashkar-e-Taiba mentioned in Sec. 2 ( 1) (m) and Sec. 35 of Unlawful Activities ( Prevention) 46Act,1967, as a banned Terrorist Organisation, and thus the aforementioned terrorist accused persons have contravened the provisions of Unlawful Activities (Prevention) Act,1967 and also have committed unlawful activities and / or terrorist acts to wit armed attack on the Republic of India by means of AK-47 rifles, Pistols, Hand Grenades, RDX-laden IEDs etc. and created terror in the minds of public in general and thereby committed offences punishable U/Sec. 10, 13, 16, 17, 18, 20 and 23 of the Unlawful Activities( Prevention) Act,1967. Proposal U/Sec 45 has been sent to the State Government for invoking provisions of Unlawful Activities (Prevention ) Act-1967 to this case. And, therefore, it is prayed to this Hon’ble Court that based on the evidence collected by the investigating agency, the arrested, deceased and wanted terrorist accused persons have committed offences punishable under sections 120(B), 302, 307, 325, 326, 332, 333, 343, 353, 364, 365, 419, 427, 435, 465, 468, 471, 474, 506 (II), 34 of Indian Penal Code, 1860 r\w Sections 3, 5, 7, 25, 27 of the Arms Act, 1959 r/w Section 37 (a) r/w 135 of Bombay Police Act,1951 r/w Sections 6, 6A(2), 9(B) (b) of Explosives Act, 1884 r/w Sections 3, 4, 5 & 6 of Explosive Substances Act, 1908 r/w Sections 3, 4 of Prevention of Damage to Public Properties Act, 1984 r/w Section 135 of Customs Act,1962 r/w Sections 14(c), 14-A(b) of Foreigners Act,1946 r/w Section 3 of Passport (Entry into India) Act,1920 r/w Section 10, 13, 16, 17, 18, 20 and 23 of Unlawful Activities (Prevention) Act, 1967 .
Dispatched on 25th February, 2009
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