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Charges framed against 11 in Red Fort shootout case
January 08, 2003 01:51 IST
Two years after a two-member Lashkar-e-Tayiba squad stormed the historic Red Fort in New Delhi and killed three persons, including two army jawans, a Delhi court on Tuesday framed charges against the 11 accused in the shootout.
Additional Sessions Judge M S Sabbarwal also fixed February 4 as the trial date. All the accused pleaded not guilty to the charges.
According to the court order, Pakistani national and main accused, Ashfaq, has been charged under sections 121-A [waging war against the government of India], 120-B [criminal conspiracy], 302 [murder], 420 [cheating], 468 [forgery], and 471 [using a forged document as a genuine one] of the Indian Penal Code.
Ashfaq has also been charged under Section 14 of the Foreigners Act, Sections 4 and 5 of the Explosives Act and the Arms Act.
His wife Rehmana Yusuf Farooqi, and another accused Babar Mohsin Bhagwala of Delhi have been charged under sections 120-B and 216 [harbouring the main accused] of the IPC.
The court also charged Mool Chand Sharma, Rajiv Kumar Malhotra, Devender Singh, Matloob Alam and Shahanshah Alam under sections 120-B, 420, 468, 471, and 474 [possessing a forged document] of the IPC.
Accused Nazir Ahmad Qasid, his son Farooq Ahmad Qasid [both from Srinagar] have been charged with waging war against the government of India and criminal conspiracy, while accused Sadaqat Ali has been charged under sections 120-B, 216 and 188 [disobedience to duly promulgated order by a public servant] under the IPC and the Foreigners Act.
Soon after the proceedings ended, Rehmana started complaining about being falsely implicated and pleaded innocence. The court asked her to go to the high court if she wanted to challenge its order.
The court also turned down the defence's plea for day-to-day trial in the case saying it had several other cases to deal with.
Out of the 11 accused, only Sharma, Malhotra and Singh are on bail while others are in judicial custody.
Sharma, a food inspector, is accused of helping Ashfaq in getting a ration card issued. Malhotra ran a driving school, which was being managed by Singh. They are accused of helping Ashfaq in getting a driving licence issued.
Two militants of LeT sneaked into the 17th century historic monument at around 2100 IST on December 22, 2000, and opened indiscriminate fire on the guards of the 7th Battalion of Rajputana Rifles stationed there leading to the death of three persons.
Police had recovered one AK-47 assault rifle, used in the shootout, near Vijay Ghat behind the Red Fort and some Indian currency notes near Matia Mahal police picket from where the militants had fled after the incident.
Asfaq and Rehmana were nabbed on December 26, 2000, following an encounter in Jamia Nagar in New Delhi in which another ultra was killed. The rest of the accused were arrested soon thereafter for allegedly helping the LeT ultras.
The case was registered at the Kotwali Police Station in the walled city on a complaint filed by Captain S P Patwardhan, Adjutant of the Seven Rajputana Rifles. Police have cited 162 witnesses in support of their chargesheet.
Police alleged that it was a pre-planned terrorist act perpetrated by Pakistan-based outfit LeT.
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