CHENNAI: Khaja Moideen, a suspected ISIS operative, and two of his aides arrested in connection with the murder of Hindu Munnani leader K P S Suresh Kumar and later nabbed by the National Investigation Agency (NIA) for conspiring to set up sleeper cells in Nepal and India, have been acquitted by a special court for NIA cases in Poonamallee.
Court Ruling on Lack of Evidence
“There is no evidence to prove, even in the evidence given by the approver (Shakul Hameed, A2), they do not implicate Khaja Moideen (A1) and Ansar Meeran (A3) for any terrorist activity,” said special judge M Malarvizhi.
The evidence given by the approver would show that there was no discussion of anything linked to terrorism or any form of violence. In the deposition of the approver, there is no indication that A1 and A3 called for violence or recruited for a terrorist organisation or had any connection with any terror organisation, she added.
Conspiracy Charges Not Proven
“There is no evidence, worth credence, suggestive of the fact that the accused persons hatched a criminal conspiracy to join the ISIS/DAISH and also to recruit other persons to wage war against Syria, which is an Asiatic power in alliance with India,” the court pointed out.
In this case, the prosecution failed to prove the charge under Section 120B (Criminal conspiracy) of the Indian Penal Code and Section 18 of the Unlawful Activities (Prevention) Act (UAPA) as the evidence did not establish a meeting of minds to commit an illegal act through illegal means, the court said.
“There was nothing to indicate that A1 and A3 had taken any steps to wage a war or had attempted or abetted waging of such war against any Asiatic power in alliance with or at peace with India and as such there was no material to sustain the charge under Section 125 (Criminalises war against an Asiatic power allied with India) of IPC,” the judge added.
Partial Conviction for Harbouring
The court, however, found Ansar Meeran guilty as a harbourer for the offence under Section 19 (Harbouring a terrorist) of UAPA and convicted him to four years of imprisonment and set off the sentence imposed to the period already undergone by him in jail.
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