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| Molvi Farooqs Killing | | Life term to HM Commander | | Early Times Report
Jammu, Mar 07- In the much publicized murder of first public and religious leader Mirwaiz Moulvi Farooq, the Presiding Officer of Designated Court under Terrorists and Disruptive Activity Act Jammu today awarded life imprisonment to accused Mohammed Ayub Dar alias Ishfaq son of Abdul Ahad Dar resident of Rawalpora Srinagar and fine of Rs 6000 u/s 302 RPC, besides awarding imprisonment for a period of five years and fine Rs 5000 u/s 3 (3) TADA Act.
In his 50-page judgment, the Presiding Officer of TADA Court while awarding life-imprisonment in murder case of Mirwaiz Moulvi Farooq, a popular figure of J&K and father of Chairman All Parties Hurriyat Conference Mirwaiz Muhammad Umar Farooq, observed that in the present case court is opinion that Mohammed Ayub Dar made the confessional statement voluntarily and without any threat and being believable does not require any corroboration and is sufficient to base conviction on the maker of the confession. The evidence on record and the confessional statements of accused Mohammed Ayub Dar does prove prosecution case that accused Mohammed Ayub Dar in conspiracy with other persons murdered Mirwaiz Moulvi Farooq a public figure to strike terror in the people. Accused Mohammed Ayub Dar, who was on bail, was present in the Court; the Court cancelled his bail bond and ordered that he shall be taken into custody forthwith.
Advocate SK Nanda appearing for the accused submitted that there is no record of the accused being involved in any criminal activity and he being a law abiding citizen needs leniency while on the other hand Advocate ML Thusoo appearing for the CBI argued that in the present case the accused had indulged in anti-national activities and taken the law into his own hands and conspired with other accused in committing the murder of Mirwaiz Moulvi Farooq, a public figure, to overawe the Government as by law established and as also to strike terror in the people as such a serious view be taken in the matter.
The Presiding Officer observed that looking to the voluntary nature of his confessional statement as well as argument of defence counsel, the accused Mohammed Ayub Dar alias Isfaq is sentenced to undergo imprisonment for life and fine of Rs 6000 u/s 302 RPC in causing the death of Mirwaiz Moulvi Farooq, in default of payment of fine accused shall undergo imprisonment for six months. Accused is also sentenced to imprisonment for a period of five years and to pay a fine of Rs 5000 u/s 3(3) TADA Acts, in default of making the payment of fine the accused shall undergo imprisonment for six months and ordered that all the sentences shall run concurrently. Presiding Officer under TADA Act further said that since the appellate court under TADA Act is Supreme Court of India, directed the office to submit the file to Registrar, Supreme Court of India, New-Delhi for placing the same before the Supreme Court of India for confirmation of sentence and also informed the accused of his right to appeal within 30 days from today.
According to the facts of much publicized murder case of Mirwaiz Moulvi Farooq that FIR No 61/90 was registered at P/S Nageen on May 21, 1990 (when Mr. Jagmohan was the Governor of J&K) u/s 120-B, 307 RPC 3/4 TADA and 25 of Arms Act alleging that on the May 21, 1990 at about 1100 hours three unknown terrorists had entered into the house of Mirwaiz Moulvi Farooq with the intention of killing him and had grievously injured him by gun-shot. Later on Mirwaiz Moulvi Farooq succumbed to his injuries in the Soura hospital Srinagar; as such the offence 307 was converted in section 302 RPC on the same day. The investigation of the case was preliminary conducted by Police station Nageen and on the request of the Jammu and Kashmir Government, the investigation of this much publicized case was transferred to CBI which took up investigation on June 11, 1990.
According to the CBI case due to popularity of Mirwaiz Moulvi Farooq two terrorists outfits namely Jamat-e-Islami in general and Hizb-ul-Mujahideen in particular were worried that Mirwaiz Moulvi Farooq may assume political leadership. They also suspected him to be an agent of Government of India and working against the interests of the militant groups. During April, 1990 Abdullah Bangroo, Javed Ahmed Bhat alias Ajmal Khan alias Bitta and Mohammed Ayub Dar alias Ishfaq of Hizb-ul-Mujahideen at the instance of Jamat-e-Islami, entered into a criminal conspiracy to eliminate Mirwaiz Moulvi Farooq. Abdullah Bangroo then Chief of Hizb-ul-Mujahideen instructed Javed Ahmed Bhat and Mohammed Ayub Dar to plan out to eliminate Mirwaiz Moulvi Farooq. Javed Ahmed Bhat alias Ajmal Khan was then working as Area Commander of HM in downtown area of Srinagar where as Mohammed Ayub Dar was then Group Commander in downtown area. Later on Abdul Rehman Shingan alias Inayat and Zahoor Ahmed alias Bilal alias Zana also joined the said conspiracy. In the second week of May 1990 under the instructions of Javed Ahmed Bhat, Mohammed Ayub Dar along with Abdul Rehman Shingan alias Inayat had visited the residence of Mirwaiz Moulvi Farooq and requested him for giving financial help to their militant organizations HM, Mirwaiz Moulvi Farooq had agreed to help them and had asked them to meet after 2-3 days during morning hours. Thereafter, they surveyed the area as per their plan and on return informed Javed Ahmed Bhat alias Ajmal Khan. They did not visit the residence of Mirwaiz Moulvi Farroq after 2-3 days as was agreed because they feared that they might be trapped by paramilitary forces at the instance of Mirwaiz Moulvi Farooq.
On May 21, 1990 Mohammed Ayub Dar, Abdul Rehman Shingan and Zahoor Ahmed armed with loaded pistol visited the Mirwaiz Manzil at Nageen. Accused Javed Ahmed Bhat had told Ayub Dar that Zahoor Ahmed alias Bilal would fire on Mirwaiz Moulvi Farooq and remaining to provide cover to Zahoor Ahmed. As per planned they reached the gate of Mirwaiz Manzil and met Mqbool Shah the Chowkidar and informed him they wanted to meet Mirwaiz Moulvi Farooq. Chowkidar asked Ghulam Qadir Sofi the Mali, to take them to the PA as he was going to market. Accordingly these three persons were taken by the Mali Ghulam Qadir Sofi to Saidur Rehman the PA to Mirwaiz Moulvi Farooq, who asked them their names and one of them disclosed fake name as Gulzar r/o Batmaloo, Mr. Rehman wrote the name on a slip and send the same inside the room of Mirwaiz Moulvi Farooq through Mali who then went out of the office. After some time Mirwaiz Moulvi Farooq called the three accused in his office, Zahoor Ahmed alias Bilal entered the room and remaining two persons namely Ayub Dar and Abdul Rehman Shingan took-up the position in the PA’s room, Zahoor Ahmed on entering the room of Mirwaiz Moulvi Farooq fired several rounds from his pistol, immediately thereafter Abdul Rehman Shingan fired from his pistol in the air while coming out of PA’s room which hit the outside wall of the office, Ishfaq also came out of the room. On hearing the sound of firing the Mali came inside the office and tried to catch hold of Ishfaq who escaped after pushing him and both ran away towards gate. Bilal also tried to run away of the office room but he was caught by Ghulam Qadir Sofi Mali and had a scuffle with him. Bilal sustained injury below his right eye and after one round from his pistol, he also managed to escape. All three accused according to CBI story ran away towards Kashmir University. All the three accused persons were directed by Abdullah Bangroo and Ajmal Khan to go underground for some time. Accused Mohammed Ayub Dar alias Ishfaq visited Pakistan and got trained in handling of fire arms and explosives and is involved in a number of other terrorists cases and was arrested in Delhi by Delhi Police on May 6, 1991. He was arrested in this case on June 15, 1991 by CBI. His statement u/s 15 of the TADA was recorded wherein he confessed the said crime and also disclosed the names of other two assailants as Abdul Rehman Shingan alias Inayat and Zahoor Ahmed alias Bilal. He also confessed to the involvement of Abdullah Bangroo and Ajmal Khan. JNF
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