Terror funding: Special NIA court frames charges against Jamaat-e-Islami trio, trust
The accused are Amir Mohammad Shamsi from Rajouri's Rehtal; Abdul Hamid Ganai (alias Abdul Hamid Fayaz) from Shopian's Nadigam, and Pakistan-based Mushtaq Ahmad Mir (alias Mushtaq Ahmad Zargar) from Rajouri's Darhal. Rajouri-based organisation Al-Huda Educational Trust — an alleged front for JeI's illegal transactions — was named the fourth accused.
JeI was first declared a banned organisation by Indian govt in Feb 28, 2019, for its activities against the security, integrity and sovereignty of the Union of India.
On Feb 27, 2024, the prohibition for the 'unlawful association' was extended for five more years under UAPA Section 3(1).
According to the prosecution, Amir Mohammad Shamsi, who had earlier served as JeI's Amir-e-Jila in Rajouri, conspired with Abdul Hamid Ganai, then Amir-e-Jamaat of the outfit, to collect funds through Al-Huda Educational Trust despite JeI having been declared a proscribed association in Feb 2019.
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'Witness statements and financial documents revealed that Shamsi received Rs 1.8 lakh from Mushtaq Ahmad Mir, a Pakistan-based terrorist affiliated with Hizbul Mujahideen, and disbursed Rs 1 lakh to Ganai for furtherance of separatist activities,' the prosecution informed the court.
Special NIA judge Sandeep Gandotra noted that while disclosure statements recorded before executive magistrates were inadmissible, independent evidence — including statements of trustees and local donors under CrPC Section 164 — substantiated the prosecution's case. The court held that cumulative evidence, including trust deeds, money transfers, and corroborative witness testimonies, justified the framing of charges under IPC Section 120B (criminal conspiracy) and UAPA Sections 10, 13, 20, 22C, 38, and 39.
Meanwhile, proceedings under CrPC Section 512 have been initiated against fugitive accused Mir, who is believed to be operating from Pakistan.
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