Court finds material against seven accused

The prosecution has alleged that the accused received funds from the Pakistani establishment through hawala channels, as well as from other terrorist outfits through various means and channels.

The funds were allegedly used to propagate their ideology and agenda of secessionism and subversive activities prejudicial to the law of the land.

Special NIA Judge Prashant Sharma directed that charges be framed against all seven accused after considering the material placed before the court.

“I conclude that prima facie, there is sufficient material on record based upon which strong suspicion is raised against all seven accused persons, namely Zahoor Ahmad Shah Watali, Naval Kishore Kapoor, M/s Trison Farms and Constructions Pvt Ltd, Mohd. Yasin Malik, Shabir Ahmad Shah, Masarat Alam and Abdul Rashid Sheikh, for which said accused persons have to be charged with offence u/sec. 3 of PMLA, punishable u/sec. 4 of PMLA,” the Special Judge ordered on September 9.

The case was listed for the physical appearance of the accused on September 30 to accept or deny the charges. However, some of them could not be produced because of high-security reasons.

The court has now directed the ED to obtain their signatures on the charges while they remain in judicial custody. The next hearing is scheduled for October 30.

ED details alleged money trail

Special Public Prosecutors N K Matta, Simon Benjamin and Manish Jain appeared for the ED. Advocate Juhi Bhargava appeared for accused Abdul, Zahbi Tihami represented Shabir Ahmad Shah, while Nishant Singh, Amicus Curiae, appeared for Yasin Malik.

According to the ED’s investigation, scheduled offences generated proceeds of crime amounting to Rs 8,94,87,639. The agency alleged that the money was subsequently received, routed, transferred, concealed, possessed, acquired and/or used by the accused in various forms and through different channels.

The ED further alleged that the funds were moved through a complex network involving cash couriers and conduits. According to the agency, these conduits collected money from the Pakistan High Commission in New Delhi and delivered it to Hurriyat leadership, including Yasin Malik, for subversive activities and the secession of Jammu and Kashmir from India.

Case stems from 2017 NIA probe

The ED case is based on an NIA case registered in 2017. Sections 120B, 121 and 121A of the Indian Penal Code (IPC), along with Sections 13, 16, 17, 18, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act (UAPA), were invoked.

The ED recorded the present Enforcement Complaint on June 14, 2017, to trace the alleged proceeds of crime.

According to the ED’s allegations, Yasin Malik was the head of the Jammu & Kashmir Liberation Front (JKLF), an organisation involved in terrorist and subversive activities in Jammu and Kashmir since the 1990s.

Documents seized from the residence of Ghulam Mohd. Bhat, who worked as a cashier-cum-accountant with Zahoor Ahmad Shah Watali, allegedly showed that foreign contributions were received by Yasin Malik, Shabir Ahmad Shah and Masarat Alam through Watali during the 2015-2016 financial year.

ED alleges overseas funding network

The agency has further alleged that emails sent and received through an email account used by Malik indicated thathe had established a structure and mechanism across the world to raise funds for terrorist, secessionist and other unlawful activities in Jammu and Kashmir in the name of a freedom struggle.

According to the ED, the funds were used not only to sustain the JKLF but also to fuel secessionist activities and violence in Jammu and Kashmir.

The court also noted that the NIA, in its second supplementary chargesheet, had revealed that Malik received INR 15,75,595 from Saudi Arabia.

The court therefore recorded that Yasin Malik received foreign funds to the tune of Rs 30,75,5951 as proceeds of crime generated through criminal activity and subsequently laundered.

(with ANI inputs)