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| NIA Court framed charges in a gruesome massacre at Dhangri | | | Early Times Report
JAMMU, July 17: Special Judge NIA Sandeep Gandotra today framed charges against two in a gruesome massacre at Dhangri in which four persons were killed and seven were injured.
The brief facts of the case are that on 01.01.2023 about 1915 hours some unknown terrorists equipped with arms and ammunition, with the criminal intention to threaten the sovereignty, to disturb peace and tranquility of UT of J&K, India and to kill the innocent persons in village Dhangri, Rajouri District, entered into the houses of the inhabitants and opened indiscriminate firing upon them. In the said firing, four persons were killed and seven persons were seriously injured. Subsequently, one more person succumbed to the injuries. On the basis of this information, FIR no. 01/2023 dated 01.01.2023 was registered at PS, Rajouri, J & K U/s 302, 307, 452, 323, 120-B of IPC; Sections 7 & 27 of Arms Act and Sections 13, 16 & 18 of UA (P) Act. In exercise of the powers conferred under sub- section (5) of section 6 read with section 8 of the National Investigation Agency Act, 2008 the Central Government directed the NIA to take up investigation of the aforesaid case & accordingly the case was re-registered as RC-01/2023/NIA/JMU dated 13.01.2023 at PS, NIA Jammu u/s 302, 307, 452, 323, 120-B of IPC; Sections 7 & 27 of Arms Act and Sections 13,16 & 18 of UA (P) Act.
On 02.01.2023 at around 0930 Hrs, some unknown terrorists with the criminal intention to disturb the sovereignty, tranquility and peace of the UT of J & K, India and to kill the innocent persons / security forces on the instigation of cross border agency, carried out an explosive blast at Dhangri near the house of one Rajinder Kumar R/o Upper Dhangri, District Rajouri. In the said explosion one child aged about 04 years died on the spot and nine persons were injured. During treatment, one more person succumbed to injuries. The house of Rajinder Kumar was the first house where the terrorists had attacked on 01.01.2023 and the IED blast happened on 02.01.2023 around 09:30 hours. Accordingly FIR no. 02/2023 dated 02.01.2023 was registered at P/S, Rajouri, J&K U/s 302, 307, 323, 120 B of IPC, Sections 3 & 4 of Explosive Substances Act 1908 and Sections 13, 16 & 18 of UA (P) Act. In exercise of the powers conferred under sub- section (5) of Section 6 read with Section 8 of the National Investigation Agency Act, 2008, the Central Government hereby directs the NIA to take up investigation of the aforesaid case & the case was re-registered at PS, NIA Jammu as RC-02/2023/NIA/JMU. During investigation of the case it was surfaced that Deepak Kumar, Satish Kumar, Pritam Lal, Shishu Pal, all residents of Dhangri, Rajouri, were fired upon by the unknown terrorists were critically injured and taken to GMC, Rajouri where they were declared dead. Prince Sharma, Shubh Sharma, Rohit Sharma, Saroj Bala, Arushi Sharma and Pawan Kumar, all residents of Dhangri, Rajouri were also injured in the firing by terrorists on 01.01.2023 and were taken to GMC, Rajouri for further treatment. Prince Sharma was seriously injured and he succumbed to injuries on 08.01.2023 at GMC, Jammu.
Investigation has further revealed that the terrorists who carried out attack on 01.01.2023 around 1915 Hrs had planted IED at the house of Saroj Bala W/o Late Rajinder Sharma which exploded on 02.01.2023 at around 0930 hours in which Vihaan and Samiksha Sharma were mortally wounded and brought to GMC, Rajouri where they were declared dead & several other persons were injured and accordingly FIR no. 02/2023 dated 02.01.2023 was registered at PS, Rajouri.
The involvement of proscribed terrorist organization LeT (Lashkar-e- Taiba) has surfaced in the commission of the crime. The Lashkar-e-Taiba (LeT) is one of the most organized and dangerous terrorist outfit based in Pakistan. The objective of this terrorist organisation is to establish "Nizam-e-Mustafa" (Islamic Rule) in the world. LeT is a military/terrorist wing of Markaz-ud-Dawat-wal-Irshad (MDI), an Islamic fundamentalist organization. MDI has since been re-named as Jamaat-ud-Dawa. The objective of this terrorist organisation is to "so called liberation of Muslims in the State of Jammu and Kashmir from Indian rule". Lashkar-e-Taiba has been proscribed/ banned and declared as a terrorist organization by India, the United States, the United Kingdom, the European Union, Russia, Australia and number of other countries. Mohd. Hafiz Saeed, the Chief of LeT, has also been designated as a terrorist internationally. This organization has been proscribed by the Central Government of India in terms of Schedule-I of the Unlawful Activities (Prevention) Act, 1967 (as amended in Act 35/ 2008).
Special Judge NIA Sandeep Gandotra after hearing both the sides observed that The allegations against the accused persons Nisar Ahmed @ Haji Nisar and Mushtaq Hussain @ Chacha are very serious and there is sufficient material on record to show prima facie that accused persons Nisar Ahmed @ Haji Nisar and Mushtaq Hussain @ Chacha in furtherance of criminal conspiracy not only harbored the terrorists and gave them food & shelter but they also acted as a guide and helped the terrorists, involved in the gruesome massacre at Dhangri, in reaching the hideout. They were in constant touch with terrorist for approximately 3 months and did not tell anybody about them despite getting many opportunities. They also utilized the services of a minor for their illegal activities. On taking the material on its face value, this court is of the opinion that there is a prima facie case against the accused persons and charges have to be framed against them. The statements on record are taken at their face value and their truth or veracity has not to be judged at the charge stage. Even a strong suspicion found on material before the court is sufficient to frame the charge.
Court further observed that the net result of what has been discussed herein above is that if the broad probabilities of the case and the total effect of the evidence collected by the CIO and the documents produced before the court are to be taken into consideration, prima-facie there is sufficient material against the accused Nisar Ahmed @ Haji Nisar and Mushtaq Hussain @ Chacha to charge them for the commission of offences in this case. The evidence collected & relied upon by the CIO is in accordance with law and corroborative material is also available on the record.
Accordingly, accused Nisar Ahmed @ Haji Nisar (A-1) is charged for the commission of offences sections 120-B & 201 of IPC; U/s 18, 19, 20, 38 & 39 of UAP Act & U/s 83 of Juvenile Justice Act. Accused Mushtaq Hussain @ Chacha (A-2) is charged for the commission of offences sections 120-B of IPC; U/s 18, 19 & 39 of UAP Act & U/s Section 83 of Juvenile Justice Act.
The accused persons, who are lodged at Central Jail Kot Bhalwal Jammu, have been asked in presence of their counsels, through virtual mode whether they plead guilty or claim to be tried. The accused persons have pleaded not guilty and claimed to be tried.
—JNF |
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