STATE TIMES NEWS
JAMMU: Special Judge NIA Jammu Ashwani Sharma on Monday awarded life-imprisonment to three Over Ground Workers (OGWs) of Hizbul Mujahideen, Majid Ali Sheikh, Shah Nawaz and Majid Amin in terror funding case.
The verdict came after 19 years of investigation and trial.
According to case, on December 28, 2004, accused were caught red-handed by the Naka party of Army Intelligence and SOG of J&K police near village Tarore, Bari Brahmana on basis of specific information and a sum of Rs 9,38,000 was recovered from a vehicle (Maruti Omni) van bearing registration number JK02J-1505 in which accused were moving from Delhi towards Jammu. The money was terrorist fund collected by accused from one Javed Ahmed Wani, resident of Ghat Tehsil Doda and was to be delivered by convicts to terrorists of banned outfit HM namely Masood Ahmed, for enhancing terrorist activities in Doda.
Special Judge NIA Ashwani Sharma, after hearing APP Anil Magotra for UT, whereas Adv Rajinder Singh Jamwal for accused, observed that on the existence of aggregating and mitigating circumstances the evaluation thereof, this courts comes to the conclusion that the aggravating circumstances are much grave and serious than the mitigating circumstances, as such, in the considered opinion of the court the convicts does not deserve any leniency while imposing the sentence upon them. The aggravating circumstances in the present case outweigh the mitigating circumstances because the accused are involved in the commission of offence under the provisions of Unlawful Activities Act for commission of terrorist activities, by raising/collecting funds and providing the same to the members of banned terrorist HM. The terrorist act can destabilize governments, undermine civil society, Jeopardize peace, and security, threaten economic and social development and may especially negatively affect certain groups. It disrupts livelihoods, increase violence and fear, affects production of all sectors of economy, destroy infrastructure and has resulted in bloodshed.
Court after hearing APP Anil Magotra observed that imprisonment for life is the adequate and just sentence commensurate with act of the accused in committing the offence.
“Accused are sentenced to undergo rigorous imprisonment for life and with fine of Rs 10,000 each for commission of offence under Section 17 of UA(P) Act and further sentenced to undergo rigorous imprisonment for life with fine of Rs 10,000 each for commission of offence under Section 21 of UA(P) Act. However, both the punishments shall run concurrently,” the Court directed.
