NEW DELHI: The hand that provides the gun or prompts it to lift it is equally as liable as the hand that ultimately fires it, said a Delhi Court Sentencing two on Monday Members of Hizb-ul Mujahideen 12 years in jail and two others up to 10 years in jail for carrying out terrorist activities in India and conspiring to wage war against the state.
While Mohammad Shafi Shah and Muzaffar Ahmed Dar were jailed for 12 years, Talib Lali and Mushtaq Ahmed Lone were jailed for 10 years. He was convicted for criminal conspiracy and various sections of the Unlawful Activities (Prevention) Act.
Additional Sessions Judge Parveen Singh said, “The convicts may not have been charged for any outright terror act, but the proxy war that has been going on for decades in Jammu and Kashmir has resulted in the loss of many lives and damage to property.” ”
The convicts were accused of being involved in terror financing activities. It was argued on his part that there was no case against him for actively participating in terrorist activities, hence a lenient approach was needed as his actions did not result in loss of life or property.
“Viewed from above, this argument sounds very powerful. However, I think that the hand that provides the gun or prompts it to take up the gun is equally as responsible as the hand that fires the gun, “The judge observed.
It was further noted that the culprits had provided funds for the activities of Hizbul Mujahideen (HUM), which were used to destroy property and take human lives. Merely because the convicts were not directly responsible for the loss of life and property, it could not be accepted that they were not responsible for the terrorist activities of HUM.
“I think that funding The network run by these culprits on the instructions of their masters sitting in Pakistan was more responsible for the terrorist acts committed by HUM. In the absence of HUM cadres providing such funding and logistical support, it would not have been possible to carry out terrorist activities. I think terror funding should be put in the category of genuine terror acts, if not in the higher category,” the judge said.
The court further observed that the offenses were of “very serious nature” as the convicts had hatched a conspiracy to attack the core of the country and action was taken to carry out that conspiracy.
The case was registered with allegations that HUM was regularly receiving funds from neighboring countries through the Jammu and Kashmir Affected Relief Trust for carrying out terrorist activities in India. The accused had pleaded guilty to all charges and was convicted on October 4.
While Mohammad Shafi Shah and Muzaffar Ahmed Dar were jailed for 12 years, Talib Lali and Mushtaq Ahmed Lone were jailed for 10 years. He was convicted for criminal conspiracy and various sections of the Unlawful Activities (Prevention) Act.
Additional Sessions Judge Parveen Singh said, “The convicts may not have been charged for any outright terror act, but the proxy war that has been going on for decades in Jammu and Kashmir has resulted in the loss of many lives and damage to property.” ”
The convicts were accused of being involved in terror financing activities. It was argued on his part that there was no case against him for actively participating in terrorist activities, hence a lenient approach was needed as his actions did not result in loss of life or property.
“Viewed from above, this argument sounds very powerful. However, I think that the hand that provides the gun or prompts it to take up the gun is equally as responsible as the hand that fires the gun, “The judge observed.
It was further noted that the culprits had provided funds for the activities of Hizbul Mujahideen (HUM), which were used to destroy property and take human lives. Merely because the convicts were not directly responsible for the loss of life and property, it could not be accepted that they were not responsible for the terrorist activities of HUM.
“I think that funding The network run by these culprits on the instructions of their masters sitting in Pakistan was more responsible for the terrorist acts committed by HUM. In the absence of HUM cadres providing such funding and logistical support, it would not have been possible to carry out terrorist activities. I think terror funding should be put in the category of genuine terror acts, if not in the higher category,” the judge said.
The court further observed that the offenses were of “very serious nature” as the convicts had hatched a conspiracy to attack the core of the country and action was taken to carry out that conspiracy.
The case was registered with allegations that HUM was regularly receiving funds from neighboring countries through the Jammu and Kashmir Affected Relief Trust for carrying out terrorist activities in India. The accused had pleaded guilty to all charges and was convicted on October 4.
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