Delhi District Court
State vs Quateel Ahmad Siddique & Ors. on 8 February, 2016
IN THE COURT OF SH. REETESH SINGH , ASJ-02, NEW DELHI
DISTRICT, PATIALA HOUSE COURTS, NEW DELHI
Case ID No. 02403R010
Session Case No. 48 of 2014
State Versus Quateel Ahmad Siddique & Ors.
1.Mohd. Shakeel S/o Mohd. Yusuf Ali R/o Village Qutubpur, District Sitapur, Uttar Pradesh.
2. Abdur Rahman S/o Muffeur Rehman, R/o Village Birsinghpur, PS Lahariya Sarai, District Darbhanga, Bihar.
FIR No. : 54 of 2011 U/s: 471/489B/489C/120B IPC 3/4/5 of Explosive Substances Act 16/18/20 of UAPA PS: Special Cell CONVICTION ON A PLEA OF GUILT 08.02.2016
1. Accused Abdur Rahman and Mohd. Shakeel are facing trial in this Court alongwith other co-accused persons. Abdur Rahman is charged with the offence punishable under Sections 19 and 20 of the Unlawful Activities Prevention Act, 1967 (UAPA). Mohd. Shakeel is charged with the offence punishable under Section 20 of the UAPA.
2. As per the police report under section 173 (2) of the CrPC, on the disclosures of co-accused Gauhar Azeez Khomani and Gayur Ahmed Jamali, Abdur Rahman was apprehended and arrested on 27.11.2011 from near Bharat University, Sailaiyur, Chennai, Tamil Nadu. During the course of investigation and interrogation, Abdur Rahman State vs. Vs Quateel Ahmad & Ors.
FIR No. 54 of 2011, PS : Special Cell 1/4 disclosed that he is a member of the Indian Mujahiddin (IM), a banned terrorist organization. He has further disclosed that he has provided shelter to other accused persons namely Imran @ Asif and Irshad at his premises at 26, Dhanya Laxmi street, Rajeshwari Nagar, Camp Road, Selaiyur, Chennai. At the time of his apprehension several SIM cards, one mobile phone handset with a SIM card, one laptop computer make Dell and a bag belonging to absconding accused Imran @ Asif was also found.
3. Co-accused Irshad Khan was apprehended from the room of Abdur Rahman on the same day from the same room at his instance and a mobile phone make LG with SIM card and SBI cash plus ATM cum debit card in the name of Irshad Khan were recovered from Irshad Khan.
4. On 14.05.2012, accused Mohd. Shakeel was apprehended on the disclosure of Bashir Hassan @ Masterji from near Seetapur bypass road, Lucknow, Uttar Pradesh. He disclosed upon interrogation that he is a member of IM.
5. Upon conclusion of the investigation qua these two accused persons and other accused persons, chargesheet was filed. By order dated 07.06.2014, orders on charge were pronounced by the Ld. Predecessor of this court. Abdur Rahman was charged with the offences under section 19 and 20 of the UAPA, for having harboured accused Imran @ Asif and Irshad Khan despite knowledge that they were members of the said banned organization and for himself being a member of the said banned organization i.e. IM.
6. Mohd. Shakeel was charged with the offence of being a member of the banned terrorist organization IM under section 20 of the UAPA.
State vs. Vs Quateel Ahmad & Ors.
FIR No. 54 of 2011, PS : Special Cell 2/4
7. Both Abdur Rahman and Mohd. Shakeel had pleaded not guilty and claimed trial. Till date about 16 witnesses have been examined till today. During the pendency of the trial both these accused persons moved applications before this court on 12.02.2015 to plead guilty. They were warned by this court about the possible consequences of their plea but they still desired to proceed with the same. Accordingly their statements u.s 313 CrPC were recorded by this court on 18.02.2015. Their statements are to the following effect:-
"Statement of accused Mohd. Shakeel, s/o Sh. Yusuf Ali, aged about 31 years, r/o Village Qutubpur, Tehsil Biswa, Distt. Sitapur, U.P., presently lodged in Tihar Jail, recorded under section 313 Cr. P.C. Without oath.
I am facing trial in this case for the offences under section 20 of Unlawful Activities (Preventions) Act. After framing of the charge I have moved the application voluntarily for pleading the guilt without any fear, force or coercion from any corner. All the incriminating evidences have been put to me which I admit.
I further want to submit that I belong to a poor family and has a wife and daughter aged 4 years and having old and ailing parents. I am M.A in Arabic. I pray for a lenient view."
"Statement of accused Abdur Rehman, s/o Sh. Mahfuz-ur- Rehman., aged about 23 years, r/o Mohalla Chakzohra, near Ansari Bazar, Distt. Darbanga, Bihar., presently lodged in Tihar Jail, recorded under section 313 Cr. P.C. Without oath.
I am facing trial in this case for the offences under section 19 & 20 of Unlawful Activities (Preventions) Act. After framing of the charge I have moved the application voluntarily for pleading the guilt without any fear, force or coercion from any corner. All the incriminating evidences have been put to me which I admit.
I further want to submit that I was pursuing B. Tech in Computer Science and I belong to a good and educated family, having roots in the society and during my lodgement in jail I studied B.Com (final) and I pray for a lenient view."
State vs. Vs Quateel Ahmad & Ors.
FIR No. 54 of 2011, PS : Special Cell 3/4
8. The applications of Abdur Rahman and Mohd. Shakeel were however kept pending. Abdur Rahman and Mohd. Shakeel have moved applications on 15.1.206 for early consideration of their applications to plead guilty. The same were taken up for consideration. On 5.2.2016, both Abdur Rahman and Mohd. Shakeel reiterated that they want to proceed with their applications for pleading guilty.
9. In their statements under section 313 of the Cr.P.C., Abdur Rahman and Mohd. Shakeel have admitted all the evidences on the record collected with the police report. The evidences on the record collected with the police report coupled with the statements of Abdur Rahman and Mohd. Shakeel are sufficient to warrant the conviction of both the accused persons for the offences with which they are charged.
10. Hence for the reasons recorded above, Abdur Rahman stands convicted for the offence punishable under Sections 19 and 20 of the UAPA while Mohd. Shakeel is convicted for the offence under Section 20 of the UAPA.
Announced in the open Court (REETESH SINGH) on 8th February, 2016 ASJ-02/FTC, PHC/NDD 08.02.2016 State vs. Vs Quateel Ahmad & Ors.
FIR No. 54 of 2011, PS : Special Cell 4/4