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Hindustan Times
3 days ago
- Hindustan Times
NIA court frames charges against JeI operatives, trust in fund-raising case
Special judge NIA, J&K, Sandeep Gandotra, framed charges against three individuals and an educational trust for allegedly raising and utilising funds to further the activities of the proscribed organisation Jamaat-e-Islami, Jammu and Kashmir (JeI, J&K), in violation of the Unlawful Activities (Prevention) Act (UAPA), 1967. The charges were framed in case RC-07/2022/NIA/JMU, after the NIA found prima facie material under sections 120-B of the Indian Penal Code and sections 10, 13, 20, 22-C, 38, and 39 of the UAPA. (File) The accused include Amir Mohammad Shamsi, of Rehtal village, Rajouri; Abdul Hamid Ganai, alias Abdul Hamid Fayaz, of Nadigam, Shopian; and Mushtaq Ahmad Mir, alias Mushtaq Ahmad Zargar of Thanamang, Darhal, Rajouri, presently residing in Pakistan. The fourth accused is Al-Huda Educational Trust, a Rajouri-based organisation allegedly used as a financial front for JeI. The charges were framed in case RC-07/2022/NIA/JMU, after the NIA found prima facie material under sections 120-B of the Indian Penal Code and sections 10, 13, 20, 22-C, 38, and 39 of the UAPA. As per the NIA, Amir Mohammad Shamsi, who previously served as Amir-e-Jila of JeI in Rajouri, conspired with Abdul Hamid Ganai, then Amir-e-Jamaat of JeI, J&K, to collect funds through Al-Huda Educational Trust even after JeI was declared an unlawful association in February 2019. Witness statements and financial documents revealed that Shamsi received ₹1.80 lakh from Mushtaq Ahmad Mir, a Pakistan-based terrorist affiliated with Hizbul Mujahideen (HM), and disbursed ₹1 lakh to Ganai for furtherance of separatist activities. The court noted that while disclosure statements recorded before executive magistrates were inadmissible, independent evidence—including statements of trustees and local donors under Section 164 CrPC—substantiated the prosecution's case. Advocates Syed Aqib and Adil Pandit strongly opposed the charges, arguing that no substantive material had been recovered and that confessions lacked evidentiary value under the Indian Evidence Act. However, the court held that the cumulative evidence, including Trust deeds, financial transfers, and corroborative witness testimonies, justified the framing of charges. Proceedings under Section 512 CrPC have been initiated against Mushtaq Ahmad Mir, who is absconding and believed to be operating from Pakistan.
Time of India
3 days ago
- Politics
- Time of India
Terror funding: Special NIA court frames charges against Jamaat-e-Islami trio, trust
JAMMU: A special NIA court in Jammu framed charges against three Jamaat-e-Islami (JeI), J&K, operatives and a trust on Tuesday, for allegedly raising and utilising funds to further the activities of the proscribed outfit in violation of the Unlawful Activities (Prevention) Act (UAPA), 1967. 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. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Family Adopted A New 'Dog', But When The Vet Sees It He Calls The Police Undo '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.
