Acquitted in 2013 case, Pak resident booked under UAPA for ‘illegal’ presence in Kashmir

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A Pakistani resident has been booked under the Unlawful Activities Prevention Act (UAPA) by the National Investigation Agency (NIA) court after he was arrested in a case related to a 2013 Fidayeen attack on CRPF in the Bemina area of Srinagar near the Police public school.

The Special Judge of NIA Srinagar, Manjeet Singh Manhas last week awarded nine years of imprisonment to Pakistani militant Mohammad Zubair Illahi alias Talha a resident of Multan, Pakistan.

The court observed that it has been proved by the prosecution beyond any shadow of a doubt that he is a resident of Multan, Pakistan, and has crossed or entered in Indian territory illegally and without any valid documents.

The court also observed that it has also been established before the court that the accused has entered the territory of India, not on any tourist visa or to perform any religious obligations.

“It has been proved that he had entered/crossed in the territory of Union of India with intention, aim and motive to commit unlawful activities,” the court observed.

Talking to The Kashmir Walla , Advocate Mir Urfi, who was pursuing the case, said though Illahi was acquitted in 2013 CRPF attack case, he could not convince the court about his  presence in the valley without valid documents, “thus he was booked under the UAPA besides the Foreigners Act.”

“Initially, police charged Illahi as a conspirator in the 2013 Fidayeen attack. As per the police, he was the third person involved in the attack but managed to flee from the spot,” Mir said. “However, none of these charges were established in the court.”

Mir said being in a foreign country without valid documents, Illahi was booked under Foreigners Act and 13B of UAPA Act.

“Under 13-B of UAPA, a person can be booked with an assumption that he/she might be involved in an unlawful activity,” she said.  “This is the first time that a foreigner has been convicted under UAPA,” she said.

Under 13-B of UAP Act, 1967 , the court awarded Illahi rigorous imprisonment for a period of nine years for the commission of offence U/s 14-A, (b) of Foreigners Act, 1946 and a fine of Rs 10, 000.

In a Fidayeen attack in March 2013, two militants and five CRPF personnel died and ten others sustained injuries on the National Highway Bypass in Bemina area of Srinagar.

The then Inspector General of Police, Kashmir, Abdul Gani Mir said that two unidentified militants were gunned down after they attacked and killed the CRPF men on the playground of J-K Police Public School at Bemina around 10.45 a.m.

Though the Court convicted the Pakistani resident, it acquitted three Kashmiris after eight years following prosecution’s failure to bring any evidence against their involvement in the case.

The Special Judge NIA acquitted Bashir Ahmad Mir son of Mir Zaman Mir, a resident of Dachi Uri A/P Dedikadal, Shaheed Gunj, Srinagar, Syed Mukhtar Hussain Shah Son of Syed Mohammad Hussain Shah R/o Nambla, Uri and Pradeep Singh Son of Bopinder Singh, a resident of Check, Kansipora, Baramulla.

The Ministry of Home Affairs (MHA) Tuesday informed the Parliament that 366 people were arrested under Unlawful Activities (Prevention) Act from 2018 till 2020 in Jammu and Kashmir.

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