BENGALURU: A city court has convicted a Karachi-based chemical engineer, an alleged operative of banned terror outfit Al-Badr, who was arrested in Mysuru in 2006, for waging war against India. Fahad alias Nadutani alias Mohammed Koya, a native of North Nazimabad of Karachi and an MSc graduate in Analytical Chemistry, was 24-years-old when he was arrested, along with another suspect, Mohammed Ali Hussain, also a Pakistani. They were nabbed by the Mysuru City Police on the night of October 26, 2006, on the ring road between Hunsur and KRS after an exchange of fire.
During the search of Fahad’s house in Rajiv Nagar later, the police had recovered a Pakistani passport, six packets of different chemicals, blasting capes, 90 live cartridges and an empty AK-47 magazine, seven live cartridges of 9-mm pistol, explosive substances, and 30 CDs on which the label ‘Making of chemical explosives details’ was pasted, apart from books on Osama bin Laden and guerilla warfare.
The prosecution had charged Fahad under various sections of the IPC, UAPA, Indian Arms Act, Foreigners Act, Foreigners Registration Act, Explosive Substances Act, and Prevention of Money Laundering Act. The case was transferred to the special court constituted under the PMLA. “The illegal possession of prohibited weapon AK-47 and the live cartridges, and explosives found in the house of the accused would itself be sufficient to hold that he has hatched a conspiracy on gaining entry into India from Pakistan to carry out illegal activities with an intention to wage war against India, and to destroy public property. It is not only the mere possession of the prohibited weapon, but also use of the same for firing on the police team, who attempted to nab the accused,” Principal City Civil and Sessions Judge Justice Anil B Katti said, while pronouncing the judgement.
Meanwhile, he has been acquitted for charges under the UAPA, wherein the court observed that an officer not below the rank of Secretary to the Government is the authority to accord sanction, but in the case, sanction was accorded by an undersecretary. Fahad was also acquitted for offences under the provisions of the Explosive Substances Act and PMLA.
Charges & Punishment
Waging war against the country - 10 years RI and fine of Rs 10,000
Causing hurt- 2 years SI and fine of Rs 2,000
Deterring public servant from discharging duty - 1 year SI and fine of Rs 1,000
Indian Arms Act - 7 years SI and fine of Rs 22,000
Foreigners Act - 2 years SI and fine of Rs 11,000