The NIA court here has found Abdul Jabbar, one of the five youths who attempted to cross the border into Pakistan-occupied Kashmir, guilty under IPC Section 121, for which the accused can get upto capital punishment. IPC Section 121 deals with any attempt that can be considered an act of war or attempting to wage war against the Government of India.
Pakistan national Mohammed Ajmal Amir Kasab and Afzal Guru had also been sentenced to death under IPC 121 for waging war against the country. The court also found Jabbar guilty under Section 15 of Unlawful Activites (Prevention) Act, for which he can be punished under Section 16 of UA(P) Act. Under Section 16 of UA(P) Act, if the offence resulted in the death of any person, he can be punished with death sentence or life imprisonment. If there is no casualty, punishment upto life sentence can be given.
NIA officials said that it is upto to the court to decide whether to give capital punishment to Abdul Jabbar. “We can’t say anything about it. The Judge who conducted the trial has gone through the details and now it is upto him to decide about the punishment,” they said.
Abdul Jabbar, along with Fayas, Abdul Rahim, Mohammed Yasin and Fayis, were chosen to become part of the Lashkar-e-Taiba after Jihadi classes held in Hyderabad in September 2008. Fayas, Abdul Rahim, Mohammed Yasin and Fayis were killed in the encounter with security agencies in Kashmir, while Jabbar escaped to Kerala and worked as store keeper in Perumbavoor till he was arrested.
Other accused in the case, including Thadiyantavide Nazeer, were found guilty under Section 121 (A), which deals with conspiracy to commit offences against the government, for which the court can pronounce punishment upto life imprisonment. Other offences charged against them are under section 18 of the UA(P) Act, for which they can get upto life imprisonment and not less than five years of imprisonment.
Sarfuraz Nawas, the 23rd accused, can get imprisonment for a term which shall not be less than five years but which may extend to life imprisonment, and shall also be liable to fine under Section 17 of the UA(P) Act, for raising funds for terrorist activity. Sabir was found guilty under Section 212 of the IPC and Section 19 of the UA(P) Act for harbouring Abdul Jabbar, for which he can be punished with imprisonment for a term which shall not be less than three years but which may extend to life imprisonment.
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