indicated that he was looking for mingling with other terrorist groups: as he wanted to work independently for getting good finances. During the chat between A-7 and Mirza Shadaab Beg on 19 June, 2013, it was revealed that Bada Sajid was stil with the Al Qaeda and had not retumed since due to fear of drone attacks, he was being advised not to go. A-7 asked Mirza Shadab Beg to send his letter ‘ptr’ (recovered from the seized digital tems), and he informed that he had sent it accordingly. During the chat between A-7 and Mirza Shadaab Beg on 4" July, 2013, they discussed about Mirza Shadab Begs problem with present house owner (lady) since she had become suspicious about their activities, when some men from ‘under’ (Afghanistan) had come to meet them there. The lady had come to their place and warned them to vacate the house immediately. They had called Riyaz upon this and Riyaz had further contacted the ISI. After intervention of mamu (ISI) things could be set right and the lady agreed about keeping only sit (Sultan) in the house. Afterwards Mamu (ISI) wanted to know more about the persons and had created problems for them. f. During the chat between A-7 and Mirza Shadaab Beg on 12" July, 2013, they discussed about having made one ‘zmmndr’ (leader) for the group which was not disclosed before the ‘mamu' (ISI). Mirza Shadaab told A-7 that the new leader had only recently arrived in Pakistan and was wanted by the police in India. He told that chkn (Bada Sajid) had gone to the ‘tech’ (Taliban) and ‘micro’ (Al Qaeda) and would now stay there along with some others who were with him. But, the problem was that those who were with chkn (Bada Sajid) were not ready to accept him as ‘Zmndr’. He told that Page 0307277,‘Chkn (Bada Sajid) came to their place for discussing the issue. Mirza Shadab Beg told A-7 that new ‘zmndr' (leader) hailed from ‘bng’ (West Bengal) and was of soft nature. He advised that it was better to let the new leader (zmndr) to handle affairs there i.e. in Karachi, while he would keep contact with A-7 and Mota @ Afeef Bhatkal would be in touch with Ahmed Siddibapa @ tb. During the chat between A-7 and Mirza Shadaab Beg on 14" July, 2013, they discussed that ‘chtte' (Riyaz Bhatkal) was released by the ISI on condition to work totally under the ISI (kutte) and that they wanted detail about all their contacts and activties. He told that no one was willing to work with the ISI, so A-7 advised him to move towards uper (Afghanistan), He told that those who were with family couldn't go while singles could go. Four of them were with families i.e. Afeef, Sultan and two others. He told that their matter was now going on with ‘tech’ (Taliban) and they had instructed to extract as much as could be from the ISI (kutte) by cheating them. |. During the chat between A-7 and Mirza Shadaab Beg on 17" July, 2013, it was revealed that since last three days there was a secret meeting and the fallout was that they had formed networking and connected with ‘micro’ (Al Qaeda) of ‘upar’ (Afghanistan) so that they did not have to rely on the kutte (ISI) for anything. It was revealed that now onwards all their decisions would be taken from there. Mirza Shadab Beg complained about Riyaz who had informed the ISI that three persons had come to meet him from the ‘Al Qaeda and that his group was ousted from the Al Qaeda since his (Mirza Shadab's) group was taking money (rsss) both from the ISI (kutte) and the Al Qaeda (upar), and since their aim was only to earn money. Mirza Shadab Beg asked A-7 to keep patience as now Page 08277onwards their issues would be resolved from upar as they now had direct contact with them. Good work was to start in one or two weeks. The possibility was that the Al Qaeda could give depositor (Fidayeen) for their work. Shadaeb further mentioned that Allah had given five tasks namely: 1. Jamaat, 2, Amir, 3. Ataat, 4. Hizrat, and 5. Jihad. At the present time there were two jamaats namely the Taliban and the Al Qaeda, and it was the duty of the faithful to join one of them to wage jihad for the establishment of the caliphate. A-7 differed and gave him a different interpretation and opined about forming one's tanzeem and that several tanzeems could work towards establishment of the caliphate. But A-7 also mentioned that he wanted to join with the Al Qaeda. During the chat between A-7 and Mirza Shadaab Beg on 18" July, 2013, Mirza Shadab Beg mentioned that there they had formed alliance with five groups and all of them came in direct contact with upar (Al Qaeda) for direction. Mirza said “yahan par hum log 5 alag alag stat se hain” “jo ek saath ikhatty hue hain”. The first decision of this group was to get in direct touch with Al-Qaeda Mirza says “unme se sab se pahla yeh ki hum log dret upar se Jud jaye”. They finally decided to make a Bengali person as the head (headmaster) of the Indian Mujahideen wing of Mirza Shadab Beg. He did not mention about the people from the rest of the states. A-7 repeatedly asked him whether these persons’ were dependable. Mirza told A-7 that they were all very dependable and were wanted in different cases in, thus they had no linkages with any Indian police agency. These groups were known for their works. One of the groups already had carried out the deposits (fidayeen) in India. One Bengali had done it. All the groups were United to form into a single group and would stay at Afghanistan Page 105 07277(upar). The group staying before the ISI (mamu) i.e. in Karachi would also follow the Al Qaeda (upar) and this had to be kept secret from the ISI. During the chat between A-7 and Mirza Shadaab Beg on 15” August, 2013, A-7 asked “ye mujhe jaana haii ki yaha agar koil badaa kmmm hoo jayee (in India), to kya microo walo ka koi bada .vdd (video) de saqta hail” whether any big leader from Al-Qaeda could take responsibility of Blast in India through video message to Media. He said that he would ask and then confirm. He further said that the work should be of big scale for the senior of the Al Qaeda to take responsibility During the chat between A-7 and Mirza Shadaab Beg on 17" August, 2013, it was revealed that since Bada Sajid had gone towards upar (Afghanistan), Afeef was acting as the in-charge of their group of the IM. They discussed about the changed behaviour of Bada Sajid owing to his prolonged contact with the Taliban and Al-Qaeda. It was revealed that Bada Sajid used to take a lot of initiative in his work in various ambush type of operations. During the chat between A-7 and Mirza Shadab Beg on 21" August, 2013, it was revealed that Mirza Shadab Beg had written letter to Bada Sajid, since he also wanted to go to Afghanistan to avoid fina, as he had recently started watching pomography. During the chat between A-7 and Mirza Shadaab Beg on 22” August, 2013, Shadaab revealed that he was improving contacts with the Al Qaeda and the Taliban. 4-7 sent a letter for Bada Sajid.(recovered from the seized digital items) Page 108072771. During the chat between A-7 and Mirza Shadaab Beg on 23 August, 2013, Md. Ahmed @ Yasin asked whether Bada Sajid was with the cadres of Tehrik-e-Taliban or the AFQaeda, and then Shadab Beg replied that Bada Saji ‘Qaeda. He further asked whether the powerful of Al-Qaeda were of Arab descent or otherwise. Shadab Beg told him that the powerful were both of Arabia and Afghanistan. Shadab Beg further told him was with the powerful of Al- that Bada Sajid was working under some local person who was directly under some Arabian. ©. During the chat between A-7 and Mirza Shadaab Beg on 25" August, 2013, A-7 discussed that Jehad was not going to stop and will always get new recruits. Regarding A-7's proposal of joining them at Pakistan, He mentioned that since his movement in India was fully blocked, so the idea of coming back to Pakistan was good, however decision would be take in consultation with the seniors in Afghanistan, since there was no shortage of personnel for Jehad and fidayeen work there. A-7 asked him to send some Personnel from Pakistan/ Afghanistan for Jehad and Fidayeen work in India’ Nepal, Mirza Shadab Beg told A-7 that Pathans were in bulk there and had no brain and thus there was cheap manpower for Jehad and Fidayeen work. Shadab told A-7 that Taliban and Al- Qaeda men were not suitable for work in India since they thought that in India also one could visit anywhere with weapon in hands like Afghanistan. They were so orthodox that they did not agree to even wear T-shirts. Shadab told A-7 that if he was ready to launch operation related to Fidayeen attack then many such cadres from ‘Afghanistan may be available for the attack. Page 07 277p. During the chat between A-7 and Mirza Shadaab Beg on 26" August, 2013, Shadab Beg informed A-7 about another letter received from Bada Sajid in Afghanistan in response to the earlier letter, and that through the letter he had come to know that Riyaz Bhatkal (ryz bht) had gone to meet Al-Qaeda personnel in Afghanistan. The Talibanis had given feedback to the Al Qaeda that he was a great liar; since he had sent no message on his return. He said that Riyaz might even go to ISI and tell them that they had contact with the Al-Qaeda 4. During the chat between A-7 and Mirza Shadaab Beg on 26” August, 2013, they discussed about the attitudes of Iqbal, Riyaz, Afeef, Amir Reza Khan and of Mota bhai who changed parties. Riyaz used to tell Mirza Shadab Beg as Munafique, and he was disappointed. Thus he had gone to Afghanistan to prove that he was not a Munafique, who left the battlefield. He then told A-7 that n of all four who had called him Munafique had the condi degraded. t. During the chat between A-7 and Riyaz Bhatkal on 16" August, 2013, Riyal told that in Pakistan the elected leader ("Takla’) was bent towards ‘innnd’ (India) which fauggg' (military) did not tke. The military did not like interference of civil government in any matter. They built pressure on ‘Takla’ (Nawaz Sharif) which led to the anti India resolution in the Parliament. After that India too had passed anti resolution in protest. Situation was very volatile at both ends and they needed to provoke by adding fuel to it. 17.100 Role of the accused persons A-6 and A-7 in the planning for Future Targets of the IM : - Investigation has Page 108 07277,established that in pursuance of the conspiracy, the IM operatives like Tahseen @ Monu and Wagas were planning to target the foreign tourists visiting India in states like Rajasthan, Delhi, Maharastra, Goa etc. There was also a plan being discussed for attack on Jews, especially on the visiting tourists from Israel. The absconding IM operative and accused Tahseen Akhtar @ Monu had also done recce of some places for attack. Kidnapping for extrortion or release of individuals like Dr. Afiya Siddiqui of Pakistan was also pondered over by the IM operatives. The goods trains carrying petroleum products were also in the radar of IM for future attacks, along with targeted attacks on policemen working with anti-terrorist cells. Tahseen @ Monu during his stay in Ranchi had met SIMI operatives for seeking has also established their assistance and participation. Investig the emergence of a new module of IM operatves in Rajasthan, the members of which were in regular contact with Riyaz Bhatkal, and were highly motivated to carry out terrorist attacks. The operatives also discussed about targeting Surat where they had failed to inflict any damage during the attempt in 2008, and now wanted to nuke the city, with nuclear warheads, if they could be procured from Pakistan. The following instances clearly emerged during the analysis of the Chats :- a. During Chat of A-6 with Riyaz on the 30 Mar, 2013, Riyaz asked A-6 about the place they could get the magnets from. He mentioned that they needed magnets of small size which could take much load. A-6 told him that they could be taken either from Bhatkal/Mangalore or some big city. One could also get magnets in hardware or handicraft shops. Riyaz asked A-6 about the type of magnet which would be appropriate to support load of 4-5 kgs. ‘A-6 told him that it will have to be brought and then tried. A-6 also Page 10907277told him that a magnet of more power will spoil the detonators, and that they should not take risk without any R & D. Riyaz then mentioned that Wagas was an expert in electric circuits, who keeps experimenting. An explosion had taken place in his hands in Varanasi (Benares). (it is pertinent to note that such magnets were recovered during the search at the hideout pointed out by the accused Asadullah Akhtar at Mangalore, thereby confirming the description as mentioned in the texts of the chat) b.During Chat of A-6 with Riyaz on the 6" Apr, 2013, Riyaz informed that he had called a party of Pune working in Asfaq’s (Mohsin Choudhary) company, who had leaked it to the police. Thus he was planning to place bombs in his car, since it was after Riyaz called him, that the police had been threatening his (Asfaq’s) family. Riyaz told A-6 that they had 10-15 persons in contact in Pune. Riyaz had also taken Voip from one company which was closed by the police after this. . During Chat of A-6 with Riyaz on the 6" Apr, 2013, Riyaz told that \Waqas had been tasked to procure magnets. A-6 told him that he had several with him, and should he send, to which Riyaz responded negatively. Riyaz further stated that he was planning to send Wagas to another city since a lot of surveillance had been mounted on him. Thus he was not travelling. A-6 told him that door locks were available anywhere and that the circuit will need to be tested after thorough shaking (hatka de k ani cer g ko kai bar test karna hoga), otherwise it would again be like Varanasi. Riyaz told him that he always thought of ‘tubee’ (Railway Cylinders / Containers). A-6 could not understand that asked to Page t107277|clarify whether it meant ‘ggyss wali gg addi (Gas Container Goods Train), to which he said as yes. 4. During Chat of A-6 with Riyaz on thet" Apr, 2013, Riyaz told AG that the Police were pressurizing Tahseen (brother of Mohsin Choudhary) about friend of Mohsin, and then said that he would abuse and kill policemen who had troubled the far Mohsin, once they shifted to Pakistan. He informed that one boy committed suicide, since was being troubled by ATS, Maharashtra. He was friend of Abu Jundal and Abu Jundal had sent money to him. He had some connection with the IM operatives from other networks. He was arrested in Pune also and was from Aurangabad or Nanded. Riyaz further stated that he felt like like repeating the blasts in Mumbai, since the police there would not improve without suffering losses. of e.During Chat of A-6 with Riyaz on the 1% June, 2013, Riyaz appreciated the recent Maoist attack on the Congress leaders in Chhattisgarh. Riyaz told that the Al Qaeda persons had mentioned that the success was due to automated arms, which was refuted by A-6 since they had used SLR's. Riyaz appreciated the naxal work of killing congress leaders in that it was able to shake the Government. He mentioned that however they had been targeting only general public, which didn't affect the Govt. much, and the Govt was cool after giving some compensation to the affected persons. So they should also do such activity of killing leaders. He mentioned that there was one boy from Pune arrested recently who used to say that he would attack the police. {. Conspiracy to acquire nuclear warheads for attacking Surat ~~ During Chat of A-6 with Riyaz on the 1* June, 2013, A-6 talked Paget ora?about having placed bombs on PS's in Surat. Riyaz told him not to make him remember the Surat failure, which he always remembered. A-6 said that he had himself placed 2 bombs in the station, A-6 then asked Riyaz whether he had found nuclear bomb in Pakistan, to which Riyaz denied, and also said that if looked properly, then everything was available in Pakistan. A- 6 told him that Surat should be attacked with nuclear bombs. 6 then requested Riyaz to look for nuclear bomb to attack Surat. Riyaz told A-6 that Muslims will also die in such attack, to which A-6 said that they will place posters in Mosques for every Muslim resident to establishes the devious intentions of the accused A-6, to wage war against India, ly evacuate the town. This clearly During Chat of A-6 with Riyaz on the 1" June, 2013, A-6 asked about the status of the job of Hassan. Riyaz asked A-6 for sending him designs since they were making timers using magnets which would hold 1-2 kgs, ie. of medium size and that could be put in any tiffin box. That would have a direct button which would detonate the device in 2-3 minutes. Riyaz asked A-6 to think of a proper design. A-6 asked him where it had to be put and whether in car. Riyaz said that he had thought of two places for the bombs to be put, one for the car and the other for the ‘tubb’ (Cylinder! container of Trains). He said that he would consult the expert there. A-6 told him that shape charge would be required for tube (Cylinder/ container of Trains). Riyaz asked A-6 to apply his mind and suggested that tiffin would also do. A-6 told him that it was not so and that more would be required for that. Riyaz also told him to make the design if possible. He said that it was of 2 inches. A-6 told that atleast a small cooker would be Page iz 277|required. Riyaz agreed that shape would be proper. Riyaz said that if a funnel would be used, then cooker would not be required for making cone ‘kon’. Riyaz said that if it was placed in a cone then it would work very properly. A-6 mentioned that a small 2 litre one would do. Riyaz said that it should attach itself with magnet. A-6 said that it would attach with the magnet, but the timer should be of 10 minutes, since the impact of the explosion would be felt for long distances, and since the effect will be almost about 10% of nuclear device. 17.101 Plan for_kidnapping during in_N Investigation has established that during the stay of the accused A-6 in Nepal, Riyaz had also suggested kidnapping of Jews as a bargain to set free one Dr. Aafia Siddique, imprisoned by the USA. A plan for kidnapping of some rich Indian businessman was also discussed. They planned to acquire arms and a hideout to execute the kidnapping. The following instances emerged during the analysis of the Chats a. During Chat of A-6 with Riyaz on the 6" Apr, 2013, Riyaz told A- 6 that they needed to kidnap some Indian party in Pokhara for ransom. They needed shelter and 5-6 friends for the kidnapping, and also required arms/ ammunition and 2 four wheelers. The task was to be done in the guise of tourists. Ax they had two friends in Nepal. Riyaz said that Daniyal (A-7) will have to remain in Nepal for more time for this work and 2 persons would be sent from Pakistan for the kidnapping. A-6 informed Riyaz that they could kidnap Jews easily at Pokhara. Riyaz. said that the place of keeping the victim should be far from the place of the lifting and the task was to be done in formed that Page 137277criminal style so that the name of the IM should not come. A-6 told Riyaz that Pokhara was not all that big. Riyaz directed to look for a party that can give 5-10 crores. b. During Chat of A-6 with Riyaz on the 8 Apr, 2013, Riyaz told A- 6 that Daniyal (A-7) was ready to stay in Nepal for the kidnapping, ¢. During Chat of A-6 with Riyaz on the 11" Apr, 2013, Riyaz told 6 that the arms would be delivered in the outskirts of Kathmandu and once arms would reach then kidnapping will be done. He asked A-6 if he required Hassan to assist in kidnapping. Riyaz said that the picture of Tahseen with the police was quite old, and that he had changed much since the photograph had been taken. Due to security reasons Wagas was not being sent anywhere and Tahseen could go anywhere, Riyaz told A.6 that Tahseen was to be sent to a new place week, with new friends. A-6 told him that he used to see films of kidnapping in the night for motivation. d. During Chat of A-6 with Riyaz on the 15" Apr, 2013, A-6 told him. that if arms would not reach then they will plan for some other task. e. During Chat of A-6 with Riyaz on the 9" May, 2013, Riyaz discussed to start working on the kidnapping plan and informed that the arms may reach till day after tomorrow. A-6 mentioned that since the person who had to collect had left, so he and Asadullah (A-6) would now go to collect the arms. Riyaz ‘suggested to send Jeet with them remaining behind but A-6 told Page ig o7277|that Jeet had very long beard and may get noticed. A-6 asked whether he should send the new youngster. Riyaz then told to send Daniyal (A-7) in front and to remain behind. f. During Chat of A-6 with Riyaz on the 11" May, 2013, A-6 told Riyaz that they had shifted to the new location which was in a lonely place. After living for sometime he would decide whether the place was appropriate for keeping detenues. It would take 4 hours from Kathmandu to reach there, The monthly rent was Rs. 10,000. g. During Chat of A-6 with Riyaz on the 24" May, 2013, Riyaz reminded A-6 about the kidnapping of big party idea to generate funds for the group, h. During Chat of A-6 with Riyaz on the 1" June, 2013, A-6 said that he had planned for the kidnapping if he got the arms. Good arms would be obtained in 1.5 to 2 lakh rupees. A-6 told him that he could not meet Maoists still. Riyaz told him that their much supply and assistance was received from the Maoists. i. During Chat of A-6 with Riyaz on the 29" July, 2013, A6 informed that he had taken a place on lease on the hills, which also had an old bungalow. Riyaz asked whether ‘kiddin’ kidnapping of 'yaoo walun’ i.e Jews could be done there, on which A-6 confirmed and told that he was ready for it. 17.102 Preparation for Future Attacks during stay in Nepal by th Asadullah_Akhtar_@ Haddi :- investigation has established that in pursuance of the conspiracy, the accused A-7 continuously plotted new ways of commission of terrorist acts within Page 307277India. The following instances emerged from the analysis of the recovered chat messages a. During the chat between A-7 and Mirza Shadaab Beg on 3" June, 2013, A-7 told him that he now wanted to do a full fledged fidayeen strike in short time. A-7 discussed with Shadab that he should also accompany for fidayeen action. A-7 was of the view that only Wagas and Shadab were trust worthy for fidayeen and as such A-7 also planned to retum back to India to join Wagas for this purpose. b. During the chat between A-7 and Mirza Shadaab Beg on 3" June, 2013, Shadab Beg told him that Police had raided and confiscated his property at Azamgarh like washing machine, utensils of the kitchen and the light materials. Mirza Shadab Beg asked him to arrange explosives (churan) and told him that fidayeen attack will be done on the Police personnel by someone to be sent from Pakistan, to execute revenge against the Police for their action in seizing the house hold properties and A-7 assured him that he was preparing for the same action. ¢, During the chat between A-7 and Mirza Shadaab Beg on 5" June, 2013, A-7 again told him that he was seriously planning for fidayeen strike, and this may be in the knowledge of Riyaz. They discussed about arrangement of explosives and about kidnapping of any whites. They discussed that they should kidnap someone to obtain *Maal-e-Ghanimat” to fulfil their financial needs. Mirza said: “yeh bata uthane ka scene ban sakta hai kisi ko". d. During the chat between A-7 and Mirza Shadaab Beg on 7" June, 2013, they discussed regarding the kidnapping of white persons for the release of Dr. Afiya Siddiqui who had been apprehended by Page 1607277the Americans from Afghanistan. A-7 assured him that he need not come there for this job as he was sufficient for the task. A-7 told ‘Shadaab to make arrangement of money for the task. Then Shadab Beg told A-7 about due amount of Rs. 15 crore which was to be collected from a party of Kolkata which Amir Reza Khan @ Parvez was to receive. He asked him to do one work in the city of Kolkata and A-7 directed him to send all the details and codes in encrypted form on his mail so that he could thoroughly plan it. He further advised A-7 to work independently without disclosing the role of Iqbal and Riyaz Bhatkal group and to take respon: y by the name of Al-Qaeda or Taliban by sending from the letter on behalf of Al-Qaeda or Taliban. During the chat between A-7 and Mirza Shadaab Beg on 4" July, 2013, A-7 unravelled his plan to visit ‘indd’ (India) related to job (code). Mirza wanted him to come to his side to engage him in afg (Afghanistan) and also to have rest. A-7 stated that he was mentally prepared for the job (code) and wanted to sacrifice everything. He had lost his interest in life and wanted to finish the thing ie. fidayeen strike. It was to be performed under the direction of Riyaz. During the chat between A-7 and Mirza Shadaab Beg on 18" July, 2013, Mirza told him that he had thought of work for him and would also send fidayeen, and asked him whether he could arrange explosives. He said “yaar chrn ka kuch hua ki nahill (explosives for fidayeen)’. Then A-7 mentioned that they should try the alternate arrangement (“chr ka alternarte (Hydrogen Peroxide; Wagas had learnt it from TTP when he was there with them)’). A-7 told him that in case they were not getting explosive (chm) they Page 70277could use the technique of ISI (mamu) which they told once for using the altmnn (altemate). A-7 asked him to try to find alttn (alternate) from Kol (Kolkata) and send the guys for training to their side. A-7 told him that he was looking for some chemicals so that he could make explosive @ chm by mixing. |. During the chat between A-7 and Mirza Shadaab Beg on 18" July, 2013, He asked A-7 to change the ptm (code) of the job (code) and that now they should focus on attacking the police (mamu). They talked about the change in attack pattern from doing explosions to direct firing. Mirza said “main yeh kah raha tha ki ab ptrn job ka chnge karnege (change from explosion to 26/11 type action)’, “ab wahan ke mamu log ki bari hailii (police to be targeted in India)”, “yaaar bada nuks ho bas (big damage)”. A-7 told him that all depended upon the availability of explosive (chrn), money and guys and asked him to arrange for the same, A-7 tried hard to do it fast and could be more nasty depending upon the number of hands. During the chat between A-7 and Mirza Shadaab Beg on 18" July, 2013, they discussed about the letter sent by jailed IM operative Saif. A-7 had read the ptr (letter) and was in the mood of doing something to get them out. Nothing could be better placed for deposit (fidayeen) than it. A-7 mentioned about fidayeen action at Sabarmati jail in Gujarat. A-7 told “yaar maine socha tha kii wo ptr phadd ke agey ka kuch kaam karne kaa (task of attacking Jail, “sochha tha depo (fidayeen) lagana haii to usse achii Jagah (Gujarat) kya hogil”. Mirza mentioned “yaar aur bnd (bandook) bhi honi chahiye sab ke passs”. He told A-7 that to execute the work minimum five daring ones were needed with Page 187277arms. A-7 told him that all he needed was inside information from within the jail, and would decide as to how the work was to be done. Mirza asked not to do fidayeen (deposit) for this work as their motto was to get their brothers out using the technique. During the chat between A-7 and Mirza Shadaab Beg on 6” August, 2013, Mirza asked A-7 whether he had checked the availability of Urea and Potash in local market. Mirza suggested that they may transport the materials from border area but A-7 denied and asked him not to bother about this as he would manage everything as it belonged to his task. Once, all the arrangements would be completed they may go for fidayeen. Mirza mentioned “yaar deposit honay ka maangta haai (Any fidayeen action should ‘be done in India)". To this A-7 replied “haan sab kuch hoo jaye too uska banate hai (After arranging explosives etc Fidayeen can be planned)". j. During the chat between A-7 and Mirza Shadaab Beg on 14™ August, 2013, A-7 told that after arrangements were made he would shift to India, since a big task was to be done. A-7 and Mirza discussed to do it in the name of Al-Qaeda, Mirza said that he desperately wanted to do something with Al-Qaeda. He said “sahii hai meri dilli tammmmmna hai ki micro ke naam se ek baaara. faaadd dili jaye (action in the name of Al-Qaeda)”. A-7 replied “haan lekin microo ka naam hoo...tech ka nahi (Al-Qaeda and not in the name of Taliban)”. Mirza told A-7 that Bada Sajid had already tied-up and was in close proximity with the Al-Qaeda, During the chat between A-7 and Riyaz Bhatkal on 16 August, 2013, they discussed about Wagas and Hasan. Riyaz had told that Page 1907277they were in joumey. Wagas came back after one day. A-7 predicted that he might have gone at their place. Riyaz wanted that Wagas should go to “new’ place but he did not go there. Hasan had gone to his place after three days. 1-2 places were spotted (rece) by him (Hasan), |. During the chat between A-7 and Mirza Shadaab Beg on 29" August, 2013, Shadab has left a message to A-7 as “hello tension nahii lena bahut jald iiili tera badla lungaa,,,bahut mahenga padega in ko yeh for if, indicating some strong action as revenge for the arrest of A- 7, who was arrested same day on 29" August, 2013. /ery very soon they will pay 17.103 Future targets of absconding IM operative Tahseen Akhtar @ Monu:. Investigation has established that the absconding accused Tahseen Akhtar @ Monu, acting upon the directions of the absconding accused Riyaz Bhatkal, was present within India and continuously plotting for commission of new terrorist acts. During Chat of A-6 with Riyaz on the 16" November, 2012, Riyaz informed A-6 that Tahseen @ Monu was well and was not very far from his current location i.e Pokhara, Nepal. Investigation has established that the activiies of the absconding IM operatives Tahseen Akhtar @ Monu and Wagas were closely monitored and guided by the absconding accused Riyaz Bhatkal. The two have been conspiring to carry out future attacks. The following instances emerged during the analysis of the Chats :- a. During Chat of A-6 with Riyaz on the 16" December, 2012, the accused Md. Ahmed (A-6) asked Riyaz whether the hideout of Delhi (Sham wala) still existed, to which he said that it was existing but was not visited by Monu since one month. Riyaz Page 12007277indicated that he was not in a mood to send Monu there and mentioned that Monu had stated that house could be obtained in that location at any time. During Chat of A-6 with Riyaz on the 30" Mar, 2013, Riyaz told ‘A-6 that Monu was in good form and that Monu will do one task himself ie. he will handle the task himself. Riyaz told A-6 that Monu was highly motivated and one amongst thousands. Monu had been introduced to a new cadre. Riyaz told A-6 that a news about NIA investigation was being relayed which mentioned that they four (A-6, Monu, Danial and Wagas) were there in the last job ie. Hyderabad blasts, and that three persons had gone towards the Kolkata border and that security on the Bangladesh and Nepal border has been tightened. But they discussed that the news was fake. A-6 advised him to do blasts regularly in different names, and at two cities at one time. Riyaz asked A-6 to do special dua for that. During Chat of A-6 with Riyaz on the 20" Apr, 2013, Riyaz told 6 that Hassan was troubled 1ce he was sent to meet Waqas. Hassan told Riyaz that Waqas should not be given responsibility of taking work from new cadres. Riyaz complained about general nature of Pakistanis is that they were dominating. A-6 told him that Wagas must have changed due to staying in Mumbai and Goa and that Hassan could stay anywhere and could do any task. Wagas was stated to be slightly foolish. During Chat of A-6 with Riyaz on the 18" May, 2013, Riyaz told that he was giving ID's of Hassan and Waqas to A-6 for his maintaining contact with them through chat not through cyber café, but through softwares used on mobiles. Riyaz then sent Page tator277|him two ID's of Monu and Waqas which he received. (These ID's were found written on a chit of paper recovered during personal search of A-6) . During Chat of A-6 with Riyaz on the 29" May, 2013, A-6 asked about how Waqas and Monu were, and whether they were doing something or not. Riyaz mentioned that he had tasked Waqas: ‘on a new goal of timers along with magnets which would get ready very soon in a matter of days, A-6 mentioned that Waqas wanted to work on a project. Riyaz mentioned that the project will soon be done. Riyaz informed A-6 that Hassan @ Monu had to travel on the weekend for the job. Riyaz asked A-6 to specially pray for the safe journey of Monu During Chat of A-6 with Riyaz on the 12" June, 2013, Riyaz informed A-6 that Hassan was going on tour in connection with work and asked to specially pray for success. . During Chat of A-6 with Riyaz on the 25" June, 2013, A-6 asked about the status of the task to be done by Hassan, Riyaz said that he was following that in this week. He was going on tour day after tomorrow. He had taken a residence at the place where the task was to be done. Riyaz informed that only taking of the house was pending, and now that had been done. A-6 advised to plan for doing the work from a distance. Riyaz informed that severe atrocities had been committed there, and in one village all the men had disappeared and the muslim women had also been lifted, A-6 informed him that he now had contacts in all major cities, Riyaz asked whether he had contacts in Lucknow. Page 20277A-6 informed that he had contact of Lucknow, to which Riyaz asked him to send details in file |. During Chat of A-6 with Riyaz on the 25" June, 2013, A-6 told him that he had received a lot of offers for starting business for cover in Sham (Delhi), Musa (Gujarat is called Musa since Qayamuddin Kapadia was called Musa) and Begu (Bangalore). Riyaz told A-6 that they required work there and that a good setting was being made which will open all the doors. ‘A66 told him that he had a good contact in Ahmedadad. The person who was contacting him was in Ahmedabad and also visited Jamnagar. The person was a Bihari and not a Nepali. ‘Also, there were some other boys from Nepal, who had worked in Bengaluru, aged about 22 years, who were ready to go and get settled anywhere. There they worked for silai of Zari, and had met A-6 in Kathmandu. |. During Chat of A-6 with Riyaz on the 28" June, 2013, Riyaz told A-6 that Hassan had to go somewhere on tour, but did not reach which made him worried. The Amir who had to meet Hassan also waited for a long time, but could not meet. Then Riyaz contacted Hassan on phone and asked about the situation, on which Hassan told that he was not well, and thus stopped over, and that he just escaped getting arrested. Riyaz mentioned that thousands of persons were moving with the pictures of Hassan and three others and they were placed at all crucial locations. In Mumbai they were placed at Railway stations and even shown on the TV's placed in buses. Riyaz then asked A-6 whether he had any links with the place where Page 2307277he had stayed with Hassan in Pokhara. A-6 told him that he had stil retained the house, but had not visited it since 3 months. |. During Chat of A-6 with Riyaz on the 29 June, 2013, Riyaz told that no message was received about Hassan, but he may reach the destined location by today ie. that day. The journey was not long, but he should have obtained the vehicle for that place. Riyaz had no direct contact of Hassan, and had only the contact through Yahoo. The friend who had to receive Monu was waiting phone. The Amir had said that he would take 1-2 days to reach. This means that he had adopted the long route for the Journey. He had to board the vehicle from Mumbai; but had he done s0, then he would have reached yesterday. He must have changed the route and thus would be reaching by today, he may not have gone towards Mumbai, discussed Riyaz. The place where he was going was good and safe, and he should just reach there. on During Chat of A-6 with Riyaz on the 30 June, 2013, Hassan had reached the place that he was supposed to reach, as informed by his friend since he was still not in contact. As the place was new so he should not be having any problems. Regarding the task, Riyaz informed that the explosives had still not been obtained for the blast and that the arrangement of explosives was being done. During Chat of A-6 with Riyaz on the 5" July, 2013, A-6 asked him about Hassan. Riyaz told him that Hassan was at the new place with new friends. Riyaz had given him a new ID, but Hassan got confused and thus communication could not be Page aoa?done between Riyaz win Hassan. However one brother staying there had communicated with Riyaz yesterday. Hassan was training everyone on timers there and Riyaz was in communication with others there, Riyaz had given ¢ letter for Hassan and Hassan had replied back through his friend, and had praised his friends. Riyaz told that earlier he had made Hassan learn timers through Waqas, and now he was teaching new friends. The job was to be done nearby. Riyaz had planned for the job to be done there since long fe, since last year there were riots in the area. A-6 asked Riyaz to move Hassan far from there to which Riyaz told him that the area was quite far. But the explosives had still not been obtained, it had been tried since last 15-20 days, now they would be available in Ramzan. Riyaz mentioned that he was thus trying for the explosives from some other place. m.During Chat of A-6 with Riyaz on the 5" August, 2013, Riyaz further told of having sent Huzil to gaon (Mumbai city means Gaww) and that everything was normal there. n. During Chat of A-6 with Riyaz on the 19 August, 2013, Riyaz told that Monu would remain at the current location, but would be in contact with A-6. Riyaz further mentioned that Monu had done a lot of reccee at his current location 17104 Revelation of the Role and involvement of Waaas in the furtherance of the conspiracy:- During examination of the arrested accused persons and further investigation it was established that the absconding accused Waqas is a native of Punjab in Pakistan. The accused A-7 had met Waqas at Kathmandu after his return from Pakistan. During investigation, the accused Waqas was established as Page 207277one different from another absconding accused Ariz Khan @ Junaid resident of Azamgarh, named in the FIR of the instant case. During the filing of the first Charge-sheet dated 17" July, 2013, the identity of Wagas was still not fully established, since the photograph of Ariz Khan @ Junaid was identified as that of Waqas, by the independent witnesses at Darbhanga in Bihar. The confusion may have been due to similar facial and body features etc. of Wagas with another absconding IM operative and absconding accused Ariz Khan @ Junaid. During the investigation, the role of Wagas as an associate of the arrested and earlier charge-sheeted acosued persons Md. Danish Ansari @ Abdullah (A-1) and Aftab Alam @ Faroog (A-2), has been already established since :- a. Wagas had participated in the Jama Masjid Firing incident, Mumbai Blasts of 13-7-2011, Pune Blasts of Junglee Maharaj Road dated 1-8-2012 and others., b. Waqas had stayed in Samastipur (Dharampura) hideout and in Darbhanga at Sara Mohanpur hideout and had trained the charge-sheeted accused Md. Danish Ansari (A-1) and other IM operatives in the making of IED's and firing etc., c. Wagas is an expert in making circuits for IED’s as revealed during the investigation and d. Wagas was under treatment at JJ Hospital, Mumbai and had purchased the Laptop for Md. Ahmed Siddibaba. Investigation has established that in pursuance of the larger conspiracy hatched by the senior operatives of the Indian Mujat actively involved and also has personally participated in the past in bomb blast incidents like Mumbai Serial Blasts on 13" July, 2011, Pune Blasts dated 1% August, 2012, and Hyderabad Dilsukhnagar blasts on 21° February, 2013, and other terrorist activities. jen, the accused Wagas @ Ahmed @ Javed has been Investigation has also established that the absconding accsued ‘Wagas is planning for the commission of another terrorist act, which is Page 12601277further confirmed from the recovery of several incriminating items from his hideout in Mangalore. 17.105 Future targets of absconding IM operative Waqas :~ Investigation has established that the absconding accused Waqas @ Javed was also present in hideout within India, and was cor plotting for terrorist acts. The activities of Waqas were extensively discussed in the Chat between the senior operatives A-6 and Md. Riyaz, as in 17.103 above. The following further instances relating to jously the activities of the absconding accused Wagas, emerged during the analysis of the Chats :~ a. During Chat of A-6 with Riyaz on the 19" August, 2013, Riyaz Bhatkal further mentioned to A-6 about the poster of 12 IM absconders and further told that it did not carry the photograph of Wages. (The initial poster of the NIA did not carry the photograph of Wages, who was still not positively identified, and could be identified properly only after the arrest and examination of the accused persons A-6 and A-7) b. During Chat of A-6 with Riyaz on the 19" August, 2013, Riyaz also told that Wagas would be sent to them 5-6 days before they left. . During Chat of A-6 with Riyaz on the 14" August, 2013, they also talked that Waqas @ Javed was dheela i.e. complacent and lacked confidence. 17.106 Future Plan of Communication with the abscondin: operatives Tahseen Akhtar @ Monu_and Wagas and their = Investigation has established that in pursuance of the conspiracy, during August, 2013, it was being decided to transfer the operational control of the absconding IM operatives Tahseen Akhtar @ Page 27277Monu @ Hassan and Wagas @ Javed @ Mota Bhai, to the accused persons A-6 and A-7. The following instances emerged from the analysis of the recovered chat messages :- a. During the chat between A-7 and Mirza Shadaab Beg on 15" August, 2013, it was discussed that A-7 would contact Waqas @ Mota who was closer to him and then Md. Ahmed @ tb would also contact Tahseen Akhtar @ Monu who was closer to him. b. During the chat between A-7 and Riyaz Bhatkal on 16" August, 2013, Riyaz told A-7 that Hasan was presently using Android supported phone. They discussed about sending either Hasan or some one else to Wagas who was staying alone. Riyaz told that he wanted to keep him alone for sometime to boost his confidence. Riyaz told that he would allow contact of A-7 with Jav (Wagas) in few days. 17.107 Transfer and Receipt of funds during the Stay of the accused Md. Ahmed Siddibapa (A-6), in Nepal :- Investigation has established that during the stay of the accused A-6 in Nepal, Riyaz regularly sent money to him using the channel of Western Union Money Transfer (WUMT), till 14" August 2012. Investigation further established the role and involvement of one Abdul Wahid Siddibapa @ Khan, also a close relation of the absconding accused Md. Riyaz and currently settled in the UAE, as the main link person in the transfer of funds to the accused person A-6 in Nepal, and to other IM operatives in India. The modalities of the money transfer were fully shared in the chat communication between the two operatives. Investigation established that the accused persons received these remittances in Nepal after submitting fake identity documents, using software tools Page 2807277like ‘Photoshop’. Several of these fake identity documents were still found saved in the recovered laptop / pen drive, seized during personal search at the time of arrest of the accused persons A-6 and ‘AT. Investigation also established that the IM had extensively used hawala channel for providing funds to its cadres in India. This hawala channel was mostly routed through Dubai. The accused persons were looking for a suitable hawala operator to receive funds in Nepal from Dubai, but were unable to find one till the date of arrest. The following instances relating to the transfer of funds emerged during the analysis of the Chat communication recovered :- i, During Chat of A-6 with Riyaz on the 16" November, 2012, Riyaz mentioned that he wanted to send money to A-6, but the party to send had told to contact after a week. li, During Chat of A-6 with Riyaz on the 29" November, 2012, they discussed about sending money through Western Union, A-6 asked Riyaz whether it would be appropriate if the money was sent in 4-5 parts in his name, to which it was decided that it should be sent in 2-3 different names. During Chat of A-6 with Riyaz on the 15 December, 2012, Riyaz sent offline message and informed that he had sent Rs. 40,000 via Western Union. (A-6 did not remember the ID but thought from looking at the chat that it could have been either in the name of Yousuf or Vinod.) Roshan was the fake name of the sender. iv, During Chat of A-6 with Riyaz on the 16" December, 2012, Riyaz informed that he had sent for A-6 Rs. 40,000 on the ID of Yousuf. The name of the sender was Roshan. The MTN number was sent in the chat directly as (INE and the actual MTN Number Page 2907277v. vi. could be derived from the sent number after subtraction of HB which was generally used by them as a secret code. During Chat of A-6 with Riyaz on the 16" December, 2012, A-6 asked Riyaz whether it would be appropriate to send funds directly from Dubai direct on the Nepalese contact’s (Manzoor’s) ID, to which he responded that he will think and kept the name. Riyaz talked about Khan @ Abdul Wahid Siddibapa, relative of Riyaz and A-6 resident of. Bhatkal, who usually sent money from Dubai and was always on the edge. Riyaz told A-6 about money transfer by Western Union (W) and that upto Rs. 2 lakhs (2 petis) could be sent easily. He then explained that he used to send money in amounts of Rs. 40,000, since no identity was required for sending amounts upto 40,000 in NR and upto 25,000 INR, and they always were thus sent told that there wes much problem when they had once sent Rs. 50,000 to Daniyal and Waqas, since the sender Khan had not sent that on his ID but on the ID of a bypasser whose address he had noted only briefly. Daniyal and Waqas had tried extracting the money in three states but were unsuccessful. Then the man had fake names. Riyaz to be traced back to recover the money al the sender's end with much difficulty. Riyaz told that there was no hawala operator in Kathmandu, after A-6 asked him. During Chat of A-6 with Riyaz on the 17" December, 2012, A-6 informed Riyaz that he had received the money sent very comfortably. On being asked by Riyaz A-6 sent another ID in an encrypted file. Riyaz asked him to stay in Kathmandu and meet on chat the next day. More money would be sent soon. Page 1300277During Chat of A-6 with Riyaz on the 18 December, 2012, Riyaz sent the PIN Code [I and mentioned that Arbaz had sent Rs. 40,000/- on pin with code 5945. A-6 told that he would not go to Rohtaht but will send money from Kathmandu to Manzoor. (EEE was not found to be correct, Riyaz then gave him the number ININNINIIN. since the number sent had change of one digit for coding it. When A-6 tried to take out the money from different outlets he was returned since they wanted copy of passport. There was probably some change in Rules of money exchange of Western Union that A-6 told Riyaz, who told him to go to some other city and try withdrawal. A-6 requested him to send format of Passport of India so that name may be changed to enable transaction. During Chat of A-6 with Riyaz on the 19" December, 2012, Riyaz told A-6 that he wes having suspicion that details of Indian transactions in Nepal were being taken by India. . During Chat of A-6 with Riyaz on the 19" December, 2012, Riyaz informed about some problems in obtaining Passport copy (since they used to change photo and details in Coral Draw software) iyaz advised A-6 to prepare one Nepali local to receive funds sent by him. Riyaz asked A-6 to find a person who did not know any details about him. A-6 asked him whether any Nepali known contact with changed name could be used for the purpose, which he told was improper. During Chat of A-6 with Riyaz on the 20" December, 2012, Riyaz told that the copy of the passport could not be made wand will be made by the next day. Riyaz confirmed that the passport copy Page sta?xiii, was to be made as of the state of Bihar ie. of Chaal wala state (Of Bihar-Chaal, Gayur Jamali @ Anwar of Bihar used to do Chal chal). During Chat of A-6 with Riyaz on the 20" December, 2012, Riyaz sent A-6 the passport copy (which was seized by the NIA during his arrest on personal search). He informed that Samad’s (younger brother) picture was used to create new photo and that the passport made was in name of Yousuf or Vinod. The passport was made by Salim Ishaqi who is also an artist. The photo of Abdul Samad was altered by fixing picture of A-6's nose, which did not look like A-6 but was good enough to be produced after dim photocopy for getting money from Western Union. During Chat of A-6 with Riyaz on the 22" December, 2012, Riyaz gave him a link for Passport copy to be downloaded. JE was the Password on Wikisend for the file to be downloaded. Riyaz discussed about the money which was lying there which needed to be taken out with the new ID copy of Passport. During Chat of A-6 with Riyaz on the 24" December, 2012, A-6 informed Riyaz that the money had been received on 23% December, and that he had not put surname in the ID of the money sent. . During Chat of A-6 with Riyaz on the 22% January, 2013, A-6 requested Riyaz to send money. Riyaz mentioned about sending money on the same day. A‘6 asked him for a copy of the Passport. There was a discussion about change of name and numbers in passport document. A-6 thought or suggested name as Ishaq to be put on the document. A-6 then reminded Riyaz to Page 3207277put both name and sumame on document by which money would be sent through western union. Riyaz mailed him the number for money transfer and the sender was named as Md. Agdas with for the transfer es xv. During Chat of A-6 with Riyaz on the 14" March, 2013, A-6 told Riyaz that he had taken a new number. Then Riyaz gave him the PIN as 9057. There was discussion about money transfer. During Chat of A-6 with Riyaz on the 26" March, 2013, A-6 told him that Rs. 2000 used to get spent in collection of money from Kathmandu. During Chat of A-6 with Riyaz on the 27" Mar, 2013, in offline message Riyaz told that he had made two documents and had put money in both During Chat of A-6 with Riyaz on the 8" May, 2013, Riyaz told A-6 that there were several hawala operators in Nepal but none from Dubai. A-6 told him that he had number of some hawala operator of Mumbai, but Riyaz told him to look for someone of Dubai. xix, During Chat of A-6 with Riyaz on the 8" May, 2013, Riyaz told A-6 about the boy from Bhatkal in Dubai who kept the phone always open, and did the job of money transfer. xx. During Chat of A-6 with Riyaz on the 9” May, 2013, Riyaz mentioned that someone had gone to send money. He was sending two files; one for Yasin and one for Asadullah Akhtar @ Haddi which contained the ID of Mirza Shadaab Beg. (wo rs Page 3307277xxil, xxiv. xxv. laganay gaya huaa hai). The file was sent through [i EE 1121 50,000 Rs. were sent by Riyaz in two documents containing 20 and 30 each, During Chat of A-6 with Riyaz on the 10" May, 2013, by offline conversations A-6 told that they had collected one consignment of monay and the other will also be collected in a day or two. During Chat of A-6 with Riyaz on the 13" May, 2013, Riyaz told that Rs. 30,000 can be sent without ID, for Rs. 40,000 ID is required. A-6 told him that Rs. 30,000 was for India and not for Nepal, then Riyaz mentioned that it was Rs. 25,000 in India. During Chat of A-6 with Riyaz on the 18 May, 2013, Riyaz told A- 6 that he was trying to find hawala operator for sending funds to him. During Chat of A-6 with Riyaz on the 18" May, 2013, Riyaz told A- 6 that he had given number of Khan to Waas for taking money but Khan was not picking up the phone of Wagas. Riyaz asked A- 6 to contact Noorani at Dubai number, whenever he was unavailable. During Chat of A-6 with Riyaz on the 19° May, 2013, by offline message Riyaz mentioned that he had sent the money to be received and the sender's name was Ashok Sinha. Afeef would give the PIN number to A-6 (as he was going on journey), During Chat of A-6 with Afeef on the 19™ May 2013, Afeef sent the PNR /Money transaction number to withdraw money from Western Union Money transfer 25 III offine, Page 38277xxvii. wvvill, xxix. Xxx, xxii, During Chat of A-6 with Afeef on the 21% May 2013, Afeef again gave the same PNR/money transaction number i.c During Chat of A-6 with Afeef on the 23 May 2013, there was discussion about the number INIINEINNIN and how it was to be decoded. During Chat of A-6 with Afeef on the 24” May 2013, Afeef sent one number INN. He asked A-6 to check the number is correct. A-6 told that this was new numbers (earlier he had sent WR which was wrong PNR number). He told that the number was given by Riyaz after digits reversing and he asked A- 6 to check whether itis correct number or otherwise. A-6 told that this number may be wrong because PNR number contained only 10 digits. Afeof then asked him to contact Riyaz to confirm the PNR number and get correct number. During Chat of A-6 with Riyaz on the 2” May, 2013, A-6 informed Riyaz that he had received the money. |. During Chat of A-6 with Riyaz on the 12" June, 2013, by offline message Riyaz said that he was sending Rs. 40,000/-. A-6 told him that they had established contacts with Hawala persons. During Chat of A-6 with Riyaz on the 13" June, 2013, Riyaz gave him the number as [INI and name of the sender as sinha. (Money sent in name of Sinha) He had sent Rs. 40,000/-. A-6 mentioned that they had found a hawala operator, but would contact before sending details. Page 13507277roxxiv. xxv, xxvii. During Chat of A-6 with Riyaz on the 28" June, 2013, Riyaz asked for the number of the Hawala operator of Dubai. During Chat of A-6 with Riyaz on the 30 June, 2013, Riyaz sent him details for getting money in a file. Riyaz had sent a new document by email in which the name, number, address, picture etc were changed. During Chat of A-6 with Riyaz on the 1% July, 2013, Riyaz had sent the number of the Hawala operator of Dubai by mail. He would identify on taking the name of JK or D. J K naam lengay tu wo pehchan legaa. During Chat of A-6 with Riyaz on the 1 July, 2013, Riyaz told A-6 to tell Jeet that some person will call him in the name of Hamid. During Chat of A-6 with Afeef on the 1" July 2013, A-6 stated that he had got one number from Riyaz today and probably would get some money. During Chat of A-6 with Riyaz on the 14" July, 2013, Riyaz asked for new ID of Daniyal and mentioned to send the form in encrypted file. He then sent zip file. Riyaz then gave number of Dubai as IIENNIIIIIIY and that it was on for twenty four hours. He further told that this number was to be shared with Daniyal also, and that Shoeb would be on that number. Further, he asked not to call on the number of Khan, since the number was under observation. A-6 told that he had called this number but was unable to contact earlier. This number had been mentioned to have belonged to one Old contact of the IM (Purana Wala). Riyaz confirmed whether money could be given in the Page 3607277roorvill, woxxix, xl. hands of the Dubai contact, to which A-6 told that the Dubai contact was soon going to visit Nepal. During Chat of A-6 with Riyaz on the 14" July, 2013, they also discussed other modes of payment other than Western Union etc., upon which A-6 told that the distance was more than 300 kms which might have referred to Kathmandu. Then he asked about ID print and further that he was sending 40 thousand now and would send 2 lakhs in the hands of friend, and that they would have to run four months with this. Riyaz then sent money, and asked A-6 whether he remembered the sender's name. Then Riyaz gave the number 2s During Chat of A-6 with Riyaz on the 16" July, 2013, A-6 told him that he received the money. Riyaz said that he was unable to contact the Dubai number, and asked to check if he was still there o has left. Riyaz further told that he did not want to give number to Khan or someone else and wanted to call him through some friend, since all people there, were on the edge. A-6 told him that he had left, and that contacting him would take 3-4 days. Then Riyaz asked about the Hawala operator, to which A-6 told nd. that he would need to consult his Dubai During Chat of A-6 with Riyaz on the 20" July, 2013, Riyaz discussed about money transfer. A-6 told that his friend was quite far, upon which Riyaz asked whether he should send money through Western Union in names of two-three persons. They had difficulty in finding Hawala operators in Nepal, even Khan had no contacts. Riyaz then asked whether he should send the money in 2-3 names, upon which A-6 told to wait and keep the money ready in Dubai. Page 3701277xli, During Chat of A-6 with Riyaz on the 22 July, 2013, A-6 told that xii, he had found a contact in Abu Zabi (Abu Dhabi) who could deliver money. The name of the contact was Azam and his number was RE. 6 tole) Riyaz to tell him that Mehboob bhai had given the money. A-6 further mentioned that Mehboob bhai was a local contact in Nepal, and both were ‘chacha-bhatija’ in relation. Mehboob was guard in Royal Palace. Khan was doing their work since last 10 years. A-6 further informed Riyaz about Mehboob's plan to visit Qatar in 10 days. Mehboob was ready to do any task for IM. Then Riyaz asked about Jeet (Abdul Qadir), on which A-6 told that Jeet was in sasural and could be called if required. During Chat of A-6 with Riyaz on the 24" July, 2013, Riyaz told that the person whose number was given was quite aged. A-6 replied that these days he was having either very young or quite aged persons in his contact. Azam was chacha of Mehboob and was a police officer in Dubai. Money was transferred with the assistance of Nur and Khan During Chat of A-6 with Riyaz on the 29" July, 2013, A6 confirmed that he had got the money easily. 17.108 Investigation of the transactions _made through Western Union :- Investigation has established that the accused persons A-6 and A-7, in pursuance of the conspiracy, used different fake identities to submit and withdraw money from the various branches of the WUMT. During investigation, the details emerged from the chat in respect of 6 specific transactions, was sent to the M/s. Wester Union, for further checking on their database and for Page 3807277providing the full details. Further, a list of different identity documents, which were recovered during the personal search of the accused A-6, and during the recovery of such documents from the laptop / pen drives, seized from the possession of the accused persons A-6 and A- 7 during their personal search at the time of arrest, were also sent to Ms. Wester Union, for checking on their database if any more transactions other than the 6 emerged from the chat was to be found. Response was received from M/s. Western Union, providing the details of several money transactions. These established the six transactions emerged from the chats as below. From the analysis of the above mentioned extracts, as revealed from the recovered text of the chat communication between the IM operatives A-6 with Md. Riyaz @ Riyaz Bhatkal and Afeef, the following details relating to six specific transactions were established. The details as below in respect of the six transactions established were sent to M/s. Wester Union Money Transfer, for matching with their database and further validation. The results received from M/s. WUMT as stated below, further established and validated the transactions emerged from the text of the chat ‘communication between the IM operatives :~ 1. Transaction of Rs. 40,000/- (Nepalese Rupees) around 16/17" December, 2012 :- Analysis of the chat texts as above established that on or around the 15" December, 2012, an amount of Rs. 40,000/- Nepalese Rupees was sent for the accused Md. Ahmed Sidi apa @ Yasin Bhatkal, to be withdrawn after showing the identity document in the name likely to be similar to "Yousuf". The name of the sender was revealed to be similar to “Roshan”. The MTCN was revealed 2s EERE. vestigation further revealed that this amount was withdrawn on the 17" December, 2012, most probably Page 1390277in or around Kathmandu, Nepal. (From the details obtained from the M/s. Western Union database, the above transaction was confirmed as having taken place on the 14" December, 2012 with the MTCN oo Amount of Rs. 50,000 (Indian Rupees) recovered | collected back after deposition from Western Union at UAE Branch some days before 16" December, 2012: - Analysis of the chat texts as above established that in the immediate period preceding 16" December, 2012, an amount of 50,000 Indian Rupees (INR) was sent from U.AE. using the identity document of an unknown person as sender by one Abdul Wahid Siddibapa b permanent resident of Bhatkal, Karnakata, India. However, the amount could not be withdrawn in India by the intended receivers, due to lack of appropriate identity documents. The intended receivers had tried extracting the money from different outlets located in three different states of India, but were unsuccessful Thereafter, attempt was made to extract back the deposited money at the U.A.E. end but a problem was faced since the amount had been sent using the identity document of a by-passer who could be traced only after much difficulty. Then around the date mentioned above, the amount was resent to the intended receivers in smaller consignments. ( Page 072773. Transaction of Rs. 40,000 (Nepalese Rupees) around 18" to 3" December, 2012 :- Analysis of the chat texts as above established that on or around the 18" December, 2012, an amount ‘of 40,000/- Nepalese Rupees was sent in the name of one “Arbaz” with MCN ERE). When the intended receiver Md. Anmed Siddibapa tried to withdraw the money from different outlets in Nepal, he was initially unable to do so, since a copy of his passport details was being demanded by the outlet. It was mentioned during the communication between the operatives in this regard, that there was probably some change in the rules of money exchange of Western Union. Upon this the accused fabricated a document to resemble a copy of an Indian Passport to enable withdrawal. To create the identity document, the digital photo of Abdul Samad (younger brother of Md. Ahmed Siddibapa) was altered digitally by fixing cut-out of nose from digital picture of the accused, with the result that it did not look like the accused person, but was goad enough to be produced after dim Photocopy for getting money from Western Union. On 23” December, 2012, the money was received from the branch of Western Union using the forged document and the receiver also mentioned that the receiver's surname had not been mentioned in the document along with the money transferred. es Page tata?4. Transaction of Nepalese Rupees around 22™ January, 2013 to one ‘Ishaq’ by one ‘Md. Aqdas’ :- Analysis of the chat texts as above established that an unspecified amount (probably 40,000/- Nepalese Rupees) was transferred on or around the 22™ of January, 2012. The receiver's name was similar to “Ishaq” while the sender was named as similar to “Md. Aqdas”, with MTCN for the transfer 2S EE ee es Le] 5. Transaction of Rs. 30,000 and Rs. 20,000 Nepalese Rupees around 9" May, 2013 - Analysis of the chat texts as above established that on or immediately around 9" May, 2013, a total of, 50,000 Nepalese Rupees wes sent from the UAE. in two consignments containing 20,000 and 30,000 each, using similar fake documents as in the above mentioned transactions. One of the ‘consignments was collected on or immediately around the 10 May, 2013, while the other was also collected in a day or two. eee — —) 6. Transaction of 40,000 Nepalese Rupees around 13" June, 2013 = Analysis of the chat texts as above established that on or immediately around 13" June, 2013, Rs. 40,000 (Nepalese Currency) was sent using the MTCN 2s in the name of the receiver as “sinha’ (probably Ravi Sinha). (From the Page taza?details obtained rom he ee —— Apart from the above six transactions as emerged from the analysis of the chat texts, several other transactions have also been established, from the reports received from Western Union Money Transfer, which were conducted using the same identity documents as recovered during personal search at the time of arrest, from the accused persons Md. Ahmed Siddibapa and Asadullah Akhtar. 17.109 Receipt of Funds by the accused Asadullah Akhtar @ Haddi during stay in Nepal:- Investigation has established that the accused A-7 also made efforts to secure funds for terrorist activities, during his stay with the accused A-6 in Nepal. He was in regular contact with the absconding accused Mirza Shadab Beg, and discussed ways to secure funds. The following instances emerged from the analysis of the recovered chat messages = a. During the chat between A-7 and Mirza Shadaab Beg on 3" June, 2013, Mirza Shadab Beg told him not to worry about how to make money since one party (mg) was ready with Rs. 15 crores ‘15 crore Jekar khadi hai’ to be given as amount of extortion to pyz @ Parvez @ Amir Reza Khan. b. During the chat between A-7 and Mirza Shadeab Beg on 19" June, 2013, they discussed regarding the supply of funds. A-7 told him that they were in urgent need of money there and requested him to send atleast 20 instead of 15. A-7 told Shadab Beg that regarding finance matters, Md. Ahmed @ Yasin used to converse with Bhatkal brothers and it was limited to them only. Shadab asked A-7 Page 307277whether in Nepal he required Indian currency to which A-7 replied in negative. He further told A-7 that such currency looked like original Indian currency and he was getting Rs. 1 lac for 23 lacs of such currency, (reference fo Fake Indian currency) They further discussed about Maal-e-Ghanimat, The Bhatkal brothers Used to get some amount from ISI of Pakistan and in return Shadab Beg used to get 25 thousand per month from this amount through Bhatkal brothers. During the chat between A-7 and Mirza Shadaab Beg on 4" July, 2013, He told A-7 that he intended to send money from his own side without taking from bhai. He had created some source for the money. But, A-7 doubted as to how he could manage so much ‘expense from his own, He wanted to send 60 of his side. (code) Finally, he decided to send 25000 which he checked on currency ‘converter and told that it was equivalent to 24146 in Nepal. A-7 told him to circulate the message that it had come from his place and was thus sent to him. During the chat between A-7 and Mirza Shadaab Beg on 5" July, 2013, A-7 asked him whether he met chote bhai (Riyaz) for sending money to him. He replied in negative citing his being busy searching for a rented room. But, he further mentioned that he was having checkd (cheque) which could be encashed only after 8°. He told that this belonged to danda (Abu Rashid) who gave udhar (code) to some persons for getting out his family but they did not perform the work and later had retumed the money in form of cheque. Page 981277e. During the chat between A-7 and Mirza Shadaab Beg on 8" July, 2013, He told A-7 that he would not encash the cheque at present, however money had been arranged for the shifting of one person out of India and would be soon sent toA-7. f. During the chat between A-7 and Mirza Shadaab Beg on 11" July, 2013, A-7 advised that Western Union would be better choice than hawala for money transaction in case of emergencies and he should use it, Mirza Shadab Beg told A-7 to inform the Saudi Arabian contact to send money fast. g. During the chat between A-7 and Mirza Shadaab Beg on 12" July, 2013, regarding ‘tsss' (money to be sent) he told A-7 to send the details of the contact (bhai of Jamshed) in ‘db’ (Dubai). He intended to send money directly to A-7 and asked him to explore the means. 4 lakh amount which did not belong to mamu (ISI) was to be sent to him for expenditure. A-7 advised him not to take any money from kutte (ISI). A-7 made him remember their code (which happened to be the name of a hotel) for exchange of numbers. Then, he told him to convert the letter to number for understanding the code (i.e, Like 4 for D). Then, A-7 briefed in detail to understand the taxonomy of code. Their code was NN It was decided that the last four digits of mobile Nos would be added with I by the sender and same would be subtracted by the receiver, rest first 6 digits of the mobile no would remain the same. h. During the chat between A-7 and Mirza Shadaab Beg on 13" July, 2013, A-7 asked him about the person who was giving money in Dubai, and learnt that the person sending money was a hawala ‘operator, while the person giving money for the same was a Page 35 07277,member of their group belonging to Pakistan (where Shadaab was based) who was in love with jihad. They discussed about developing exclusive hawala network contacts in Dubai, since the earlier contact was known to Md. Ahmed Siddibapa @ Yasin Bhatkal. During the chat between A-7 and Mirza Shadaab Beg on 12" July, 2013, A-7 asked him about the new ID for money transaction but he stated that he was yet to make it. A-7 asked him to send money through db (Dub: field, Further, A-7 also asked him to send picture in encrypted form. by contacting a person who was not from their During the chat between A-7 and Mirza Shadaab Beg on 14" July, 2013, Shadaab asked for the number of the Dubai contact, but A-7 did not give the number and told him that he would send some other number. During the chat between A-7 and Mirza Shadaab Beg on 14" July, 2013, Shadab told him that the money had reached Dubai, but he was unable to send the same in absence of someone in Dubai. He asked A-7 to try to find some contact in Nepal who could receive money from Dubai. He asked A-7 whether it was right to send money directly through hawala from Pakistan to which he denied. ALT asked him to get ready with photo and money and send through db (Dubai) directly. During the chat between A-7 and Mirza Shadaab Beg on 17" July, 2013, Shadaab told A-7 that he would send money in 23 instalments to their man in Dubai (db). The man in Dubai was South Indian. Rs 1,16,000, which A-7 received in Nepal was sent by Shadab from this South Indian in Dubai. Page 607277m. During the chat between A-7 and Mirza Shadaab Beg on 19" July, 2013, Mirza asked A-7 whether he had any contact who could receive money from Gorakhpur. During the same conversation he told him that the money was for his daily expenses and that the money for work would be separate. 1, During the chat between A-7 and Mirza Shadaab Beg on 21" July, 2013, A-7 told him that Riyaz (chty) had sent something (money) and the account was with Md. Ahmed Siddibapa @ tb. A-7 told him that he had tried 4-5 Hawala operators and was trying for another. A-7 asked him to find the office of other companies (like Himal) who transfer money apart from western union in Dubai (db), and to find the amount limit till which no ID was required, ©. During the chat between A-7 and Mirza Shadaab Beg on 14” August, 2013, they discussed about the plan of kidnapping for money. . During the chat between A-7 and Mirza Shadaab Beg on 26" August, 2013, Shadaab told A-7 that the Two Lakh rupees sent was for the expenditure of two months. A-7 affirmed that one lakh had been spent over one month and another was remaining. About 13 thousand was spent in delivering of the money. q. During the chat between A-7 and Riyaz Bhatkal on 18" July, 2013, A-7 informed Riyaz that he had withdrawn the money sent, They discussed about different ways in which money could be sent from Dubai by hawala. A-7 told Riyaz that the currency there valuing 250000 was equivalent to Indian 156250 Page a7 727717.110 Use of different communication modes with ident and fake SIM Cards by the accused persons :- Investigation has established that the accused persons used different accounts created using fictitious identities to communicate between them, The fake identities were used as a tool of deception, in case any surveillance may have been mounted by law enforcement agencies. The following instances emerged during the analysis of the Chats :~ a. During Chat of A-6 with Riyaz on the 2" December, 2012, Riyaz informed A-6 that the rules for purchase of SIM cards had changed and now the cards were activated only after verification and recording of the first call made by the new subscriber. One card got activated after three days. Riyaz told A-6 that they would continue with the terrorist activities til they had life. b. During Chat of A-6 with Riyaz on the 9" December, 2012, Riyaz informed that Yahoo chat rooms will close from 14" December, thus he had created ID in name of Shoaib for communication with A-6. A-6 told him that they could use Mig 33 messenger for communication since 5 days were still left for 14". Riyaz told A-6 that F (Facebook) was best after Nimbuss and that he should download it, and he should change his mobile if it didn’t work on. Riyaz sent a Nimbuzz ID namely EEE. This was sent to A-6 for safety as emergency ID. A-6 was supposed to use it if there would be some problem on Yahoo. ©. During Chat of A-6 with Riyaz on the 21* December, 2012, A-6 chatted Using Mail Page for Chat since Messenger was not working on that day. A-6 asked Riyaz as to who had been arrested, but Riyaz said that he did not know and that the person arrested Page 807277may have been an oldtimer. Riyaz asked A-6 whether he had downloaded New Fr gate or Fring messenger. |. During Chat of A-6 with Riyaz on the 22" December, 2012, Riyaz told A-6 that Fake number also works on nimbuzz for creation of account. He then informed A-6 about the website www.fakemailgenerator.com for creation of temporary email ID's. . During Chat of A-6 with Riyaz on the 30" December, 2012, Riyaz reminded A-6 that he had to add him on new Nimbuzz 1D, and told him to do it in three days at a distance from the location of the staying place. f. During Chat of A-6 with Riyaz on the 10" January, 2013, Riyaz mentioned that he was trying to get SIM but was unable to get due to tightness in procedure. He had purchased 5 SIM cards in that week but could not activate. Then he mentioned that he was able to oblain SIM at the current place of stay of Tahseen @ Monu. |. During Chat of A-6 with Riyaz on the 22” January, 2013, Riyaz told A-6 that he is watching videos about making ID's There was a discussion about Video for training on making ID's. During Chat of A-6 with Riyaz on the 8" May, 2013, Riyaz asked about Facebook usage. Riyaz asked A-6 to give number of the phone which had his Facebook account. A:6 sent the numbers in two parts as [EE and [I and told him to put 0 in between. Applying the same code the number could be found. During Chat of A-6 with Riyaz on the 2" August, 2013, Riyaz asked A-6 to make a new Nimbuzz ID and give it to him soon, Page 907277which he would make on a proxy server and send back after encryption, That it was revealed that the accused A-6 used to chat from his ERE account with the absconding IM operative Afeef resident of Bhatkal at J 17.111 Use_of deceptive _media_like Proxy Servers and Encryption by the accused persons for Communication ~~ Investigation has established that the accused persons A-6 and A-7, used to communicate on the internet using proxy servers, in order to achieve deception of their locations. They also used to encrypt the files exchanged on the internet with mutually exchanged codes. The following instances related to the used of proxy servers and encryption by the accused A-6, emerged during the analysis of the Chats = ‘a. That During Chat of A-6 with Riyaz on the 16" November, 2012, the accused Md. Ahmed Siddibapa (A-6) talked with Riyaz about ‘Freegate’ to be used to develop proxy. b. During Chat of A-6 with Riyaz on the 29 November, 2012, Riyaz told A-6 about filehippo.com which is a website which has softwares, to open encrypted files. c. During Chat of A-6 with Riyaz on the 2"! December, 2012, A-6 told Riyaz that he had taken a mobile on which Nimbuzz could be used, to which Riyaz advised him to use it minimally for security reasons. He asked A-6 to download freegate software. Page 5002774. During the chat on the 5" December, 2012, Riyaz and A-6 discussed about freegate and problems encountered in downloading files. ©. During Chat of A-6 with Afeef on the 21% May 2013, He stated that he will send a letter file and this letter i.e disputes happened. in our organization Indian Mujahideen in Pakistan. A-6 asked him to encrypt if the matter was secret and to add a password to it. He sent the file in ‘xerypt’ and put the password "ll. After few minutes the file was not transferred and they decided to use wiksiend.com site to sendireceive. Finally A-6 got his file and transferred it in pendrive to read at home. 17.112 Use of different identities, proxies and encryption to establish communication with other IM operatives by the accused Asadullah Akhtar @ Haddi :- Investigation has established that the accused A-7 was also used to adopting fictitious indenties for ‘communicating on the intemet with other operatives, and extensively used proxy servers along with encryption for file exchange. The following instances emerged from the analysis of the recovered chat messages :- a. During the chat between A-7 and Mirza Shadaab Beg on 29" May, 2013, A-7 informed that he had created a new ID. b. During the chat between A-7 and Mirza Shadaab Beg on 21* July, 2013, A-7 asked to come on Nimbuzz next time for chat. ¢. The chat between A-7 and Mirza Shadaab Beg from 27" July, 2013 to 6" August, 2013 was conducted using the Nimbuzz Account. Page sta?d. During the chat between A-7 and Mirza Shadaab Beg on 6” August, 2013, A-7 told him that they were about to leave for 7-8 days and asked to keep on checking on Nimbuzz for chatting in between 3 and 3:30 e. During the chat between A-7 and Mirza Shadaab Beg on 18” ‘August, 2013, A-7 asked him whether he was operating on the Orkut account or not as it contained the photographs of all. A-7 asked him to send the photographs to him. f. During the chat between A-7 and Mirza Shadaab Beg on 26” August, 2013, Mirza Shadaab Beg asked A-7 whether he had added Abu Rashid @ Danda on his Yahoo ID. A-7 asked Beg to ask Abu Rashid to make ID of Nimbuzz since Yahoo |D’s now required numbers to be given for creation. g. During the chat between A-7 and Mirza Shadaab Beg on 27" August, 2013, it was revealed that Abu Rashid had made a yahoo ID to get in touch. (He was in Afghanistan / Af- Pak border / Khyber Pakhtoon area and gave ID to A-7 via Shadab Beg.) He had made the same ID in Nimbuzz which started with E. 17.113 About plans to visit or establish_hideouts in other countries :- Investigation has established that the accused persons discussed about the possibility of maintaining hideouts in other countries, in order to expand the domain of their activities. The following instances emerged during the analysis of the Chats :~ a. During Chat of A-6 with Riyaz on the 16 November, 2012, Riyaz asked Md. Ahmed to find whether Tibet tour for Lhasa which starts from Kathmandu was cont Page 2277b. During Chat of A-6 with Riyaz on the 30” December, 2012, Riyaz asked whether Visa for Azerbaizan was obtained from Nepal, since there was a route via Azerbaizan to Pakistan. 17.114 Reference to sympathy for Jihadi terrorists of other organisations :- Investigation has established that the accused person A-6 also sympathised with the efforts made by other terrorist organizations. This fully establishes that the accused A-6 was highly motivated on religious lines, and viewed other terrorist organizations fighting on religious lines, as his own brothers. The following instances ‘emerged during the analysis of the Chats :~ a. During Chat of A-6 with Riyaz on the 21" November, 2012, there was reference about sadness due to the hanging of Ajmal ‘Amir Kasab, who was convicted in the case of terrorist attacks at Mumbai on 26” November, 2008. Riyaz mentioned to the accused A-6 that they were planning to hold Namaaz-e-Zanaza in the honour of the deceased, however the accused mentioned that such Namaaz was not offered for persons who are declared ‘as shaheed for the cause of Islam. This clearly establishes that the accused persons had a good opinion about the convicted criminal Ajmal Amir Kasab, originally resident of Pakistan, who participated in the terrorist attacks on Mumbai under the leadership of the operatives of the proscribed Lashkar-e-Taiba b. During Chat of A-6 with Riyaz on the 11 February, 2013, A-6 asked about the response of the hanging of Afzal Guru in Pakistan which Riyaz could not understand and he thought that he was asking about response on the news of Afghanistan where the Whites were leaving. Then there was discussion Poge 5301277about Afzal Guru. A-6 felt very sad about the execution of Afzal guru; however Riyaz told him there was not much response in Pakistan. A-6 told him that a new Tehreek (terrorist group) would start in Kashmir due to the execution of Guru. ¢, During Chat of 4-6 with Riyaz on the 20 Apr, 2013, Riyaz told ‘6 that one brother jihadi had been arrested by Westemers and one had been killed ie. talked about the Boston bombings in USA. He talked highly about success in the USA. 17.115 Visit of the accused Md. Ahmed Siddi (A-6) tc different_places_in Nepal for developing new hideouts and contaets:- Investigation has established that the accused A-6 travelled to various parts of Nepal during his stay at Pokhara in Nepal, with the purpose of associating new persons, and for the development of new hideouts. The following instances emerged during the analysis of the Chats = a, During Chat of A-6 with Riyaz on the 24" November, 2012, the accused A-6 mentioned that he was going on a safar which may last slightly longer. b. During Chat of A-6 with Riyaz on the 28 November, 2012 the accused A-6 mentioned that he had come to chat from a distance. ¢. During Chat of A-6 with Riyaz on the 28" November, 2012, A-6 told Riyaz that he had to go for a tour (either to [EEE or HE) on the next day. Riyaz asked him about the properly to be purchased in Rohtaht Page 5807277d. During Chat of A-6 with Riyaz on the 5" December, 2012, A-6 informed Riyaz that he had leamt to operate Bull Doser. It drinks 200 litres per day, but can be used to break the walls of the jail e. During Chat of A-6 with Riyaz on the 9" December, 2012, A-6 told him that he was going for the work related to the passport. Riyaz asked him about the return plan, to which he could not say anything in confirmation, and that it may have taken minimum of 5 days, since he had to travel a long distance and had taken bus tickets. A- 6 told Riyaz that he needed money and pic, to which he said that he will soon send. f. During Chat of A-6 with Riyaz on the 12" December, 2012, A-6 also informed that he was happy to visit the new place (i.e. in Rohtaht district of Nepal), since he had come to terai after long time and had met muslims after long time. The contact in the new place also proposed options regarding payment of money. 9. During Chat of A-6 with Riyaz on the 12" August, 2013, Riyaz asked about the journey. A-6 told that they had gone to new jungle with less population h. During Chat of A-6 with Riyaz on the 5" August, 2013, A-6 told that he had also sent some persons there who would be reaching him today with lot of saaman. i. During Chat of A-6 with Riyaz on the 14" August, 2013, A-6 told that a lot of items were coming from Mumbai @ gaon 17.116 Efforts for obtaining cover in Nepal and establishment of local contacts to enable cover :- Investigation has established that in pursuance of the conspiracy, the accused persons A-6 and A-7 Page 5507277had contacted several local persons in Nepal and attempted to build cover to enable escaping arrest by law enforcefemnt agencies, and for gradually raising a new module in Nepal for the commission of terrorist activities in India, The following instances emerged during the analysis of the Chats := ‘a. During Chat of A-6 with Riyaz on the 28 November, 2012, A-6 mentioned that he had gone to one clinic to leam surgery. AS asked Riyaz on whether he should work in the hospital, to which Riyaz affirmed. He also joked to find a poison which wil kill after ‘one week, b. During Chat of A-6 with Riyaz on the 28" November, 2012, A-6 also revealed about the plan to purchase land, and also pointed to neo Muslim converts in the area who could be radicalised. ©. During Chat of A-6 with Riyaz on the 29" November, 2012, A-6 discussed about which property on the hill — uphill or downhill should be taken. A-6 also talked about the land of some Hindu person (in Barhare). They talked about acquisition of the of Nepal. Riyaz told A-6 to tell the owner that if he obtained the citizenship then he will purchase the upper piece of land. enship d. During Chat of A-6 with Riyaz on the 29 November, 2012, A-6 also told Riyaz that he had established several contacts in Nepal, e. On 2" December, 2012, they again discussed about the prospects of purchasing land, f. During Chat of A-6 with Riyaz on the 2 December, 2012, A-6 told Riyaz that photos of about 40 newly converted muslim girls, with Page 5607277ages between 15-45 and ready for marriage, were shown to him by Bal Bahadur Thapa. Bal Bahadur Thapa was a neo convert who was earlier was a pandit and also used to give prawachan During Chat of A-6 with Riyaz on the 2 December, 2012, A-6 informed Riyaz that he had obtained a shop of mobile repairing on rent. The shop also had a kitchen and bathroom. It was decided that one should not remain without cover. During Chat of A-6 with Riyaz on the 15" December, 2012, A-6 informed that at that place his friendship was also developing with several persons. During Chat of A-6 with Riyaz on the 16” December, 2012, A6 informed Riyaz about his visit to two mosques (namely JE and [EEE masjid as seen in the recovered photographs). A- 6 informed that there were small villages there in Nepal consisting of about 200 houses, all of which are mixed mustims Le. some are Salafis while most are Deobandi and actually pakke Deoban There were a lot of Madarsas along the border. A-6 further told Riyaz that till obtaining Passport, no dawat was to be given to them, i.e. no talk of jihad till then for safety reasons. During Chat of A-6 with Riyaz on the 30" December, 2012, it was revealed that A-6 had also spent Rs. 20,000 for developing contacts. (for Water Wheel manufacture for production of electricity for the villagers). During Chat of A-6 with Riyaz on the 7" January, 2013, A-S informed Riyaz that he had found one local person who was worthy of being inducted into their activities. This person was in Qatar, and Page 7277earlier was in Dubai, had lived with the Taliban earlier, aged about 30, was neo convert who got converted about 9 years back in Tableeghi Markaz in Sharjah and was highly radicalized. Riyaz advised him to be cautious in approaching for security reasons. The man was son of a Brahmin and had Indian looks and was ready to go to Afghanistan. A-6 also informed about his Interaction with one non Muslim with machinery factory. The factory was double size of the older factory at Mir Vihar, Delhi, Rs. 7000 was the rent of the factory premises. Riyaz had mentioned that since the factory belonged to non Muslim Nepali, thus he was suspicious about the security. A-6 had taken factory which had lathe, drill etc. They intended to make weapons in the future. Riyaz again asked whether A-6 had been able to meet any Ma ts. The new person sought to be recruited was named as Jeet (actual name Abdul Karim, resident of Nepal). During Chat of A-6 with Riyaz on the 10" January, 2013, regarding the conditions in Nepal, A-6 said that people of Nepal were ready for Islam. This was followed with talks of work to be done in Nepal, ile. terrorist activities, Riyaz advised to do dawaati work. Riyaz advised to do nothing in Nepal to expose the jihadi activities there, since it was a great transit point. During Chat of A6 with Riyaz on the 21% January, 2013, A-6 informed Riyaz that he was in Kathmandu with new friend Jeet. They were using masks to travel there to not get identified, which was quite usual there. A-6 told Riyaz that the work on the passport in progress. Page 5807277,1. During Chat of A-6 with Riyaz on the 7 February, 2013, A-6 mentioned that he was very optimistic about the Nepal network and will start complete work from there itself. ©. During Chat of A-6 with Riyaz on the 22 January, 2013, there was discussion about Jeet. A-6 told him that Jeet was capable for jihadi activities. A-6 asked whether he should be used for the current task i.e. blast or some other future task and that Jeet is ready for every task. A-6 was also studying whether dawat is required before jihad p. During Chat of A-6 with Riyaz on the 27" January, 2013, Riyaz was thinking that Panditji and Jeet are same persons. A-6 told him that they are different and that Panditji has come from Saudi and Jeet has come from Dubai. q. During Chat of A-6 with Riyaz on the 7" February, 2013, AG informed Riyaz that the factory had started functioning, Regarding the water wheel project he informed him that the electricity production was very less since snowfall had taken place and the flow of water was less. r. During Chat of A-6 with Riyaz on the 7 February, 2013, A-6 mentioned that he was looking for a new location and was also planning to shift his family there. Riyaz asked for number of Jeet so that he could deliver urgent message if any to him. A-6 encrypted the number in a file and sent the number of Jeet to him. Riyaz told him that Jeet will be called by Shoeb at Dubai. 17.117 Efforts to make Passport and other Identity Documents in Nepal by th Ac6 : - Investigation has established that in Page 5907277pursuance of the conspiracy, the accused Md. Ahmed Siddibapa (A-6) made efforts to create fake documents and contacted several agents to achieve the task. The following instances emerged during the analysis of the Chats :- a. During Chat of A-6 with Riyaz on the 28” November, A-6 had talked about Passport with one person (revealed to be one a b. During Chat of A-6 with Riyaz on the 9" December, 2012, A-6 told him that he was going for the work related to the passport. Riyaz asked A-6 about the retum plan, to which he stated that it may have taken minimum of 5 days. A-6 told Riyaz that he needed money and pic, to which he said that he would soon send. . During Chat of A-6 with Riyaz on the 12" December, 2012, an offline message was left for Riyaz by A-6. A-6 informed Riyaz regarding about having given the task of making his Passport to ‘one person of Rohtaht who also took Rs. 25,000. A-6 informed that he wanted pic (any old pic of himself without beard) for making the passport. 4, During Chat of A-6 with Riyaz on the 15" December, 2012, A-G informed about the development of passport work and stated that the work had begun but he had made no promise of payment in absence of discussion with Riyaz. e. During Chat of A-6 with Riyaz on the 16" December,2012, A-6 informed that his passport should get ready in one month. A total of Rs. 65,000 was to be paid for the tasks of passport and citizenship. Page 16001277f. During Chat of A-6 with Riyaz on the 16" December,2012, A-6 informed Riyaz that there were two options of obtaining the passport as either original or duplicate, i.e. name/photo of someone else who had proper citizenship. Riyaz enquired about whether fingerprint details were to be given and A-6 told him that the finger print was required only on citizenship card which remains with the user. A-6 further informed Riyaz that one person was selected,who was to be paid Rs. 10,000, for acting as his fake son in offices. Rs. 15/15 thousand was to be given to the officals of de/pe. 9. During Chat of A-6 with Riyaz on the 27" December, 2012, A-6 told Riyaz that the work on passport had got delayed since daughter of the person who was given task by neta (i.e Manzoor) had run away. h. During Chat of A-6 with Riyaz on the 30" December, 2012, A-6 mentioned that he had already paid Rs. 25,000 to the passport agent but the work was not done. i, During Chat of A-6 with Riyaz on the 7" January, 2013, there was discussion on the acquisition of Nepalese citizenship. j. During Chat of A-6 with Riyaz on the 10" January, 2013, A-6 told Riyaz that work on passport was going on, and that he was in no hurry to leave Nepal k. During Chat of A-6 with Riyaz on the 27 January, 2013, AG stated that the passport related work had got delayed since person who had to accompany for visiting the agent (i.e. Imam Saheb @ Mohibulla) was not getting leave. Regarding Citizenship documents, it was confirmed that it would be made in some time. Poge toto 277|I. During Chat of A-6 with Riyaz on the 2! February, 2013, there was discussion on the acquisition of Nepalese citizenship. During Chat of A-6 with Riyaz on the 9" March, 2013, A-6 mentioned that the passport attempt got foiled due to arrest of four Bengalis with fake passports made by that agent. During Chat of A-6 with Riyaz on the 23" March, 2013, Riyaz told ‘A-6 that the passport of Daniyal was ready and discussed about the status of his passport which was delayed. He told A-6 not to tell Daniyal that his passport had become ready. . On the 26" March, 2013, Riyaz told A-6 that Daniyal (A-7) may leave in 10 days from Nepal Again on 30" Mar, 2013, Riyaz told A-6 that Daniyal (A-7) was to be shifted in 10 days. Regarding citizenship A-6 told him that only ‘one signature now remained. |. During Chat of A-6 with Riyaz on the 1* June, 2013, A-6 told Riyaz that a new proposal had been received from someone about making passports. The Citizenship had still not been obtained. The new agent was a Muslim, who would be paid on completion of the passporticitizenship, . During Chat of A-6 with Riyaz on the 12" June, 2013, A-6 informed that his Birth Certificate had been made. During Chat of A-6 with Riyaz on the 25" June, 2013, AS mentioned that the work of citizenship was almost done and he was standing in the queue for collection, but just before that one Bihari person was arrested, and he had to leave the place. The work Page ezor277|regarding the acquisition of citizenship was facing obstacles. A-6 was planning to get it from some other place and had been told that it may take another week, t. During Chat of A-6 with Riyaz on the 5" July, 2013, Riyaz told A-6 that he would need to travel either to Iran/Iraq or Pakistan, and since 99% in Iraqflran and Pakistan were clean shaved, he was advised to make passport/citizenship with photo without beard. 17.118 Efforts to make Passport and other documents by the cused lah | @ Haddi during stay in Nepal Investigation has established that in pursuance of the conspiracy, the accused A-7 made efforts to create fake documents and contacted several agents to achieve the task. The following instances emerged from the analysis of the recovered chat messages a. During the chat between A-7 and Mirza Shadaab Beg on 25" May, 2013, Mirza Shadaab Beg told A-7 that he couldn't find the Delhi IDI Driving License and they discussed about the license of ‘Chandigarh, Tamil Nadu or West Bengal. b. During the chat between A-7 and Mirza Shadaab Beg on 5" June, 2013, Shadab Beg told A-7 that passport of his family members was being made so that they may shift there to start a business and 7 told him that to shift all the family members step by step. ‘Shadab Beg asked A-7 for making his passport and he told him that presently he was unable to find any link for making passport but for making one passport for India one person had asked for Rs. 1 lakh. ‘A-7 told him not to trust anybody there for the work. Shadab Beg told him that for making the passport of Sultan and Abu Rashid, Page 6307277,total five persons, the agent had demanded Rs. 5 lakhs for five passports. . During the chat between A-7 and Mirza Shadaab Beg on 7" June, 2013, they ce for making the passports about 2 lakhs would be required for five persons. A-7 told him that Bangladeshi Passport could be made by the agent in touch with Md. Ahmed Siddibapa @ Yasin Bhatkal (where it was made first time by Ronu) but they could travel from Nepal only (where A-7 was presently staying). cussed to keep some finances ready During the chat between A-7 and Mirza Shadaab Beg on 19" June, 2013, A-7 further asked Shadab Beg to confirm from his side regarding arrangement of 2 lacs rupees for the proposed passport making so that he could proceed at his end for the said work and also asked him about preparation of forged documents to which he replied that one document was ready. . During the chat between A-7 and Mirza Shadaab Beg on 19" June, 2013, they discussed about the preparation of forged documents and on their name and father's names to be used in forged documents. During the chat between A-7 and Mirza Shadaab Beg on 18" July, 2013, A-7 told him that he had some contact person in Pakistan, who could make passports (ppp). A-7 told about Passport making in Nepal since some Nepalese were in Pakistan who made duplicate passports by taking money. Afeef knew one such person. During the chat between A-7 and Mirza Shadaab Beg on 19" July, 2013, A-7 asked him to engage moty (Afeef) for passport (ppp) Page 68277work as he was having the contact with someone there. The agent was demanding Rs. 1 lakh Indian rupees, i.e. Two lakh Pakistani Tupees, and the work would be done in 7 days. h. During the chat between A-7 and Mirza Shadaab Beg on 21% July, 2013, Shadaab told A-7 that now onwards Afeef @ Mota would do ppp (passport) work. 17.119 Efforts for contacting Maoists in Nepal for seeking their aid in the conspiracy :- Investigation has established that the accused A-6 acting upon the directions of the absconding accused Md. Riyaz made attempts to contact Maoists of Nepal, in order to seek their assistance. The following instances emerged during the analysis of the Chats ‘= a. During Chat of A-6 with Riyaz on the 28" November, Riyaz asked A-6 to establish contacts with the Maoists there, since the Macists could be of great help in procuring arms and ammunition for their organization. Riyaz referred that Chinese (chapty naak waly) supported the Maoists. b. During Chat of A-6 with Riyaz on the 5" December, 2012, Riyaz asked A-6 whether he had contacted any Maoist, since they had several items of arms dump/ arsenal, provided in large numbers by China. . During Chat of A-6 with Riyaz on the 16" December, 2012, they discussed that the person who was doing task of the Passport (Manzoor) was a leader of the Maoists, and an old musim convert ——— MI) 8-6 8016) Riyaz that he had promised for Page 6507277providing weapons licence for Nepal after obtaining passport and citizenship. Riyaz told A-6 that if he was a naxal then he could be of great use to them. d. During Chat of A-6 with Riyaz on the 20 December, 2012, Riyaz asked A-6 whether the meeting with Maoists had happened to which he replied in the negative. A-6 said that he had met 2 macists but they were not fit for their purpose and were interested in shikar. e. During Chat of A-6 with Riyaz on the 11" February, 2013, there was discussion that the Maoists had lot of weapons and that they should be contacted. f. During Chat of A-6 with Riyaz on the 25" June, 2013, AG mentioned that he had met a big Maoist leader yesterday, but did not find him to be useful. Though he was a Muslim, he was very proudy. He was claiming very high rates for the supply of weapons. A-6 mentioned that he did not talk about explosives, but they did have explosives which could be filled in tubes. 17.120 Effort to recruit new operatives for the IM by the accused in association with Md. Ri Riyaz Bhatkal Investigation has established that the accused A-6 in association with the absconding accused Md. Riyaz @ Riyaz Bhatkal made vigorous efforts to contact new persons for induction into the IM. The modus operandi has already been explained in the earlier Charge-Sheet dated 17" July, 2013. The persons are motivated using religious mentoring and gradually inducted. Even during the stay in his hideout in Nepal, the acoused A-6 discussed about contacting persons who were earlier known to him for getting recruited. He also motivated two young boys living with him for jihadi activities along with others who Page 16607277were in contact with him. The recruitment of new operatives was extensively discussed with Riyaz Bhatkal. The following instances ‘emerged during the analysis of the Chats :- a. During Chat of A-6 with Riyaz on the 28" November, 2012, Riyaz mentioned that he was trying to establish contact with Chutka ie. friend of Monu who lived in lodge of Zazbi (i.e by name Shaheen @ Shahbaz). The accused persons discussed as to whether he was safe from the eyes of the agency. Then the accused A-6 mentioned that it would be appropriate to contact this Chutka for the tasks of the IM not by phone, but by sending someone to meet him and convince him. Further, the accused A-6 told Riyaz that it was not safe for Monu to go to Darbhanga for this task. Riyaz asked whether the other salafi persons of Al-Hira, Darbhanga (Le. Zazbi, Khalid, Umar and others) who used to come to the library, could be contacted for their activities. Riyaz mentioned that it was not required to recruit them as whole timers but they could be recruited as part timers to be contacted at the time of work i.e. to execute the blasts, since white collared persons were suitable for their work. b. During Chat of A-6 with Riyaz on the 28" November, 2012, Riyaz referring to the arrested persons of Pune Module (responsible for the 1 August, 2012 blasts at JM Road, Pune) mentioned that they had several contacts, and that there were 25 associates still left behind the arrested five. ¢. During Chat of A-6 with Riyaz on the 28 November, there was discussion about contacting I as De Page 77277d. During Chat of A-6 with Riyaz on the 29" November, 2012, Riyaz asked A-6 whether he had made ID in Nimbuzz, to which he confirmed that he had made one. Riyaz asked whether ID was added in that, and when he had last contacted on that ID, and then A-6 told him that he had contacted him when he was on the run at Bangalore. A-6 further told him that Usman used to chat on his phone from a distance from his house. . During Chat of A-6 with Riyaz on the 28 November, A-6 mentioned that he wanted to contact his fiends from Monur (near Udupi near Mangalore). Riyaz told A-6 that was was very important to contact “HN, upon which A-6 told him that some of them were in Dubai. Riyaz then asked A-6 whether he had their numbers to which he replied that he didn't have their numbers but had all the names and the numbers could be obtained from Dubai. Riyaz wondered whether Macfe would assist them. They discussed about Mad. Ali, arrested from Mangalore. Riyaz told that he was not touching Macte, since he did not contact on the ID given f. During Chat of A-6 with Riyaz on the 28" November, A-6 told him that all will get cleared on talking with Khalid @ Kaiser, resident of. Udupi. A-6 told Riyaz that they should contact the father of Md. Ali (Jave), who was arrested from Mangalore. He further suggested for contacting Usman firstly and then to contact Khalid @ Kaiser. Riyaz asked him for the ID of Usman, to which it was decided that it would be sent to him later after encryption. g. During Chat of A-6 with Riyaz on the 8" May, 2013, A-6 told him that he had got children who were of 12 years age, Page 1687277h. During Chat of A-6 with Riyaz on the 25" May, 2013, A-6 told Riyaz that some persons from the village of the young boys had come to meet him, and that they were ready to assist him in the tasks in all ways. They had sheltered people like them earlier as well. A-6 told him that he wouild utilize them for work and not waste their times. Riyaz told A-6 that he had told Daniyal that he would be sent to Delhi. i. During Chat of A-6 with Riyaz on the 26" May, 2013, A-6 told Riyaz that he had identified 7-8 boys in Nepal and had asked them to make passports. A-6 said that about 2 of them already had discussed whether they could be sent for training to Afghanistan. A- 6 told that when old timers were troubling him, the new comers were a ray of hope. Riyaz planned for the visit of persons from Nepal to Pakistan for further training on the context of attending marriage in Pakistan, and said that he had done this earlier as well. ‘A cover was very much required for the visit. Riyaz asked him to provide him with the passport details of those who had to go and that they should be sent separately. j. During Chat of A-6 with Riyaz on the 29" May, 2013, A6 mentioned that he had two people in mind and that he would go and talk to them about the earlier plan of sending them for training to Afghanistan. A-6 told Riyaz that they knew Urdu, since they could be asked at the check post. A-6 further informed that one of them had lived in Saudi for 15 years, and another had been educated in the Deoband seminary. They had Indian features and had long beards. Both were responsible persons in their villages, i.e. Kajis etc. one was 35 and the other 42, but young at heart, and that they had several persons with them. Page 16907277k. During Chat of A-6 with Riyaz on the 4 June, 2013, A-6 told Riyaz that many persons were now required in Nepal since there was a lot of work to be done. Riyaz asked as to who was appropriate among Sultan @ Hadees or Chotu i.e. his younger brother, and A-6 told that both were ok. A-6 said that he planned to use them for daawat and for recce of the places where he couldn't go. A-6 told him that Sultan @ Sheikh was more required in Nepal and that he planned to send him to madarsas where persons were ready to join for tasks. A-6 told him that if they would come to him, then he would send them within India for some small work within a week. |. During Chat of A-6 with Riyaz on the 6” June, 2013, Riyaz told A-6 that he had talked to Sultan @ Sheikhu and his younger brother about going to Nepal and both were willing; then Riyaz decided to send one to Afghanistan and another to Nepal. Shekhu was asked to go to Nepal, but he said that firstly he wanted to go to ‘Afghanistan and then after 15 days to Nepal, Chotu said that he was thinking about it. A-6 told that even a Local Pakistani would also do for dawaat in Nepal. m. During Chat of A-6 with Riyaz on the 12 June, 2013, Riyaz told A~ 6 that Sheikhu’s brother had refused to go to Nepal. He would be sent after return of Shekhu from Afghanistan, 1, During Chat of A-6 with Riyaz on the 25* June, 2013, A-6 told Riyaz that the two new children were sons of the Amir of that village, and would go back and come again, further that they were similar to the earlier ones. Page F01717.121 Efforts to procure explosives | timers for conducting blasts_:- Investigation has established that in pursuance of the conspiracy, the accused person A-6 made efforts to make and procure explosives even during his presence at the hideouts in Nepal, which was amply reflected in the recovered chats. Several files related to explosives were also found on the computer recovered during personal search. The following instances emerged during the analysis of the Chats :- a. During Chat of A-6 with Riyaz on the 2” December, 2012, Riyaz told A-6 that explosives were not available readily for their work. Riyaz further stated that the supplier had both new and old explosives. A-6 suggested that he could try to send explosives in drums in which medicines for animals were sent from Industrial ‘Area, Karachi to Nepal by flight. Riyaz told him that it was difficult since the items that reached Nepal came to ports first in India then entered Nepal. A-6 asked Riyaz to enquire more details about it, since lot of items used to come to Nepal from Pakistan and since he felt that such items could be sent through that route. Riyaz said that he was trying to send some chemical which was used to make soaps, powders and creams, and which was found in the mountains in the north, but could not obtain, b. During Chat of A-6 with Riyaz on the 2 December, 2012, A-6 told Riyaz that he should direct Waqas @ Javed to work on electronics. Riyaz told A-6 that he had made 10 pieces just 3-4 days back. ©. During Chat of A-6 with Riyaz on the 22™ Apr, 2013, He asked about explosives in Nepal. A-6 told him that Nitrate was available but was costly and that chemicals were 5 times costlier. Page tira?17.122 Efforts by the accused Md. Ahmed Siddibapa to get Arms_and Amunition for the IM during hi in Nepal: - Investigation has established that in pursuance of the conspiracy, and acting upon the directions of Riyaz Bhatkal, the accused A-6 tried to establish contacts with the Maoists in Nepal for arms supply. Riyaz had also told A-6 that he has been trying to establish some contacts for procuring weapons from Kashmir. The accused person motivated some persons in Nepal to collect weapons from ISI sources, and was continuously plotting ways and means to gather arms and ammunition to wage war against India. The following instances emerged during the analysis of the Chats :- a. During Chat of A-6 with Riyaz on the 5" December, 2012, Riyaz asked A-6 whether he had contacted any Maoist, since they have several items of arms dump/ arsenal, 2s China had provided them in large numbers. b. During Chat of A-6 with Riyaz on the 5" December, 2012, AG informed Riyaz that Mungeri arms were sold in Nepal at double the price of that in India. ¢. During Chat of A-6 with Riyaz on the 21% January, 2013, Riyaz mentioned that he was going to take arms i.e. 0.22 pistol, which was being being looked for pos: le deception during movement. d. During Chat of A-6 with Riyaz on the 9" March, 2013, Riyaz mentioned that they would be receiving arms and ammunition in Nepal. (cd aur dvddd) Page ROT?e. During Chat of A-6 with Riyaz on the 11" March, 2013, Riyaz asked A-6 to send phone number of his contact for delivery of arms in Nepal. Riyaz told A-6 to prepare some boys for the purpose of getting the arms, Riyaz Bhatkal told A-6 that he was making another permanent setting for arms etc., in Kashmir. f. During Chat of A-6 with Riyaz on the 14" March, 2013, Riyaz asked A-6, to pian to take the arms and ammunition towards Indian side. g. During Chat of A-6 with Riyaz on the 30 Mar, 2013, Riyaz told A-6 that the person who would deliver the arms was of ISI. During discussion A-6 told him that the person who would receive arms was from Bihar, and A-6 was trying to make him like Hassan. He was with A-6 since last 10 days and wanted to go home but was stopped by him. h. During Chat of A-6 with Riyaz on the 30 Mar, 2013, Riyaz told A-6 that the delivery to be received and 4-5 small arms. One packet would cost Rs. 10-15 lakhs and would include 1000 rounds also. A-6 told him that Kathmandu ‘would not be appropriate for taking the delivery since checking often takes place at the borders of the city. All places except Kathmandu were ok. Narayangadh was a good place, 120 kms Nepal consisted of 2 big arms from Pokhara. i. During Chat of A-6 with Riyaz on the11" Apr, 2013, Riyaz asked A- 6 to give number for contact with Arms dealer. j. On the 13" Apr, 2013, A-6 gave the number as EEE of the Person to be contacted for arms receipt. This number was to be Page 7307277given to Azad by A-6. It was decided to give the code name of ‘Shahbaz. During Chat of A-6 with Riyaz on the 22™ Apr, 2013, Riyaz told A-6 that the Supr having problems for delivery in Nepal. A-6 told him that he would ‘send someone from Nepal to collect the items and that the person from Bihar was clever and would take it. However, Riyaz had asked for delivery in Nepal and had refused for delivery in Bihar. was asking to receive arms in Bihar, since he was Again, on the 24” Apr, 2013, Riyaz stated that arms delivery should happen in a week. |. During Chat of A-6 with Riyaz on the 8 May, 2013, Riyaz stated that he would give the name and number of supplier to A-6 and his name to the Supplier. Also mentioned that the arms may have reached yesterday and one special sentence needed to be said for their receipt. The delivery of Arms would be done inside Nepal. |. During Chat of A-6 with Riyaz on the 8" May, 2013, Riyaz stated that there were 4 guns in UP, and asked A-6 if he knew someone in Lucknow who could collect them. During Chat of A-6 with Riyaz on the 11" May, 2013, Riyaz told A-6 that he would receive arms in two days. . During Chat of A-6 with Riyaz on the 13" May, 2013, Riyaz discussed about the expected arms deal and told A-6 that the number of arms supplier had to be provided by the agency ie. ISI, but was still awaited Page 78077As per their chat of 16 May, 2013, the arms supplier had still not called Riyaz. During Chat of A-6 with Riyaz on the 17" May, 2013, Riyaz stated that the arms supply deal had been cancelled since supplier had mentioned that his boys had been arrested. During Chat of A-6 with Riyaz on the 29" May, 2013, A-6 informed Riyaz that they might purchase some arms there in Nepal and that the owner was asking him to purchase the shop itself. During Chat of A-6 with Riyaz on the 6" June, 2013, Riyaz stated that one arms manufacturer who had been in jail in Bangladesh for 2-3 years had reached Pakistan. One of his friends was known to them and the plan was to make a ‘stup' of arms either in Nepal or in Bangladesh. He had talked about the requirement of four machines. A-6 guessed that the four machines needed to establish arms manuf unit were lathe, mill, drill and surface grinder. A-6 told him that he had a good lathe and also drill there. During Chat of A-6 with Riyaz on the 12 June, 2013, A-6 told him that he had received some country made weapons and was making efforts to get more arms. .. During Chat of A-6 with Riyaz on the 25" June, 2013, Riyaz asked ‘A6 whether he could find any useful pen drives (bullets or detonators) and that Daniyal was telling him about the CD's (small arms) available for Rs. 2 Lakhs, The person A-6 had found to be promising for delivery of arms had distributed his earlier collection when he had gone to Qatar earlier. There was a discussion about Page 501277how to purchase arms and ammunition, different possibilities were discussed. 17.123 Conspiracy for training of IM Cadres_in Training Institutes in Nepal -- Investigation has established that in pursuance of the conspiracy, the accused A-6 explored newer options for the training of IM operatives to make them capable for the commission of terrorist acts in order to wage war against India. During Chat of A-6 with Riyaz on the 30 December, 2012, A-6 suggested to Riyaz Bhatkal about exploring some private firms like Gorkha Task Force which gave military training for recruitment into British army and Singapore Police; which was similar to what they gave in Pakistan. The option could be explored for training cadres. Riyaz asked him to collect further details. 17.124 yf <7 wit = Investigation has established that in pursuance of the conspiracy, the accused A-7 was given the chat identity account address of Mirza Shadab Beg, based in Pakistan by the accused A-6 on the directions of Riyaz Bhatkal. The following instances emerged during the analy: of the Chats :- a. During Chat of A-6 with Riyaz on the 24" Apr, 2013, A-6 told him that Daniyal wanted the ID of Mirza Shadaab Beg. b. During Chat of A-€ with Riyaz on the 8” May, 2013, Riyaz told AS to tell him that Mirza Shadaab Beg had returned about 10 days back and had also given ID for communication. ©. During Chat of A-6 with Riyaz on the 8" May, 2013, A-6 told Riyaz that Daniyal wanted to be in indirect contact with Wagas and Page 7607277should they do it. Riyaz informed that Waqas had again been affected by paralysis in face. 17.125 Relations of the IM with the ISI :- Investigation has established that the Pakistani agency ISI has been regularly funding the IM operatives. The ISI wants to fully control the activities of the IM operatives, and wants to ensure that they work totally onits directions in the interests of Pakistan. The ISI has been arranging training for the IM cadres from time to time, as in the case of the arrested accused persons A-6 and A-7. Of late, since the IM operatives are now more ideologically inclined towards the views of intemational terrorist organisations like the Al Qaeda, they have internally started resenting the total ISI control, and are making efforts to intensify the war waged against. India with the assistance of international terrorist organisations. The following instances emerged during the analysis of the Chats :- a. During Chat of A-6 with Riyaz on the 20 December, 2012, Riyaz mentioned that he didn't want to call his family there due to the ‘community support they had at Bhatkal, though he missed them. The IS! was telling them to call their families so that once their families arrived, they could be further pressurized. b. During Chat of A-6 with Riyaz on the 15" Apr, 2013, Riyaz stated that there was no compulsion about staying in Pakistan but the future setting would have to be done properly. He mentioned that after the Mumbai Blasts i.e. 13-7-2011, the ISI had taken them and almost arrested them. They had taken all mobiles and other devices with them. The ISI had earlier waned them not to do the blasts at that time. Riyaz mentioned that he was not in touch with ‘Amir Reza @ Rizwan since one year. Sultan, Shadab Beg and Asm Page 77277meet him in a common place but the discussion was very general. Riyaz mentioned that the information about Muzaffar Kola who had been named in the Mumbai Blasts, may have been given by him. Since only 3 persons knew that Muzaffar Kola had received money, and even Kola was not aware about the intent of that money. During Chat of A-6 with Riyaz on the 26" May, 2013, Riyaz told A-6 that one boy (brother of Shahid Bilal) was to come from Saudi Arabia. An RCN was issued against the brother of Shahid Bilal {Killed in Pakistan) who was planning to shift to Pak. Since he had an Indian passport, he was looking for some escape route. Riyaz had mentioned falsely to bring the brother of Shahid Bilal to Pakistan that he used to collect funds for the IM in Saudi and thus. ISI had detained the brother of Shahid Bilal to understand the source of funds. This had been mentioned to the ISI by Riyaz to facilitate his safe escape from Saudi. The brother of Shahid Bilal asked the agency to ask Riyaz Bhatkal and not him. |. During Chat of A-6 with Afeef on the 12" July 2013, A-6 stated that he would try to arrange money for his own expenses and did not require funds from the ISI. A-6 stated that he had talked with Dubai members. Afeef told that he and his supporters had decided to take weapons and money from ISI. Afeef mentioned that they required money for court expenditure for arrested members, for supporting families of arrested persons and that he had no other sources for money. . During Chat of A-6 with Afeef on the 9" July 2013, Shafi entered online and briefed about the rift in the group and about the maltreatment of Afeef by Iqbal Bhatkal. Shafi told that one Dars was conducted on Sunday at Riyaz's residence and Afeef was Page 17801277called for Dars. Afeef did not want to attend the Dars initially but finally he attended the Dars to greet Riyaz and Iqbal regarding the successful blast in Bodh Gaya. The Dars was conducted by Sultan. Riyaz, Iqbal and Mohsin Choudhary called Afeef inside the room and badly beat him in front of Afeef's children. Shafi present there told them that they were doing wrong. The quarrel took place since two days back, house owner of Mirza Sadab Baig removed him from their house. The news reached Pak IS! and ISI personnel reached to the spot along with Riyaz Bhatkal and Iqbal Bhatkal. The lady landlord told ISI personnel that many persons used to visit to Sadab Baig’s room which was problematic for them. Riyaz and Iqbal had warned Sadab Baig and his Azamgarh group that they will not support them if any incident took place in future. The next day ie on Sunday Iqbal blamed Afeef and threatened his deportation to India. This had resulted in the scuffle. During Chat of A-6 with Afeef on the 9 July 2013, Shafi further stated that the ISI had called all of them to verification and they were questioned like accused persons. The ISI stated that they had given 6000000 rupees within three months for personal expenses to members of IM staying in Pakistan and asked about the complete details of expenditure. It was mentioned that totally they had given Rs. 25 crores for personal expenses of IM members till date apart expenses for operational work. ISI asked complete details of money expenditure from Iqbal. Further ISI revealed that Iqbal had married one lady 8 months back and Nikah was done just 2 weeks before i.e without Nikha Iqbal stayed with that lady. Shafi told they did not know when marriage was done but Nikah was done on 21% June 2013. Two ISI personnel gave Rs. 1, 90,000 and 50,000 to Iqbal as marriage gift. They were surprised on hearing Page 17901277the truths from the ISI, since Iqbal had earlier told them that he had done Nikah 6 months back. Then Shafi told that they couldn't treat ISI personnel as Islamic followers and they were treating ISI men as equivalent to Hindu and other non Islamic religions. Iqbal opened the news that IM would tie-up with Al-Qaeda for work, however Shafi and his men didn't reveal about Riyaz’s recent visit to Afghanistan for co-ordination with Al-Qaeda, During Chat of A-6 with Afeef on the 12" July 2013, Afeef told that all members were called again by the ISI last night. Shafi entered online and told that they had elected one member as new leader for their group and had decided to work under ISI. A-6 advised that they needed only weapons and nothing else from ISI. A-6 stated that they (Afeef, Shafi, Salim etc.) will face a lot of problems in working with ISI and the final result would be bad. A-6 also advised that dual game was not good. Shafi told that ISI was asking for details of expenditure of Rs. 25-26 crore rupees given. |. During Chat of A-6 with Afeef on the 13 July 2013, Afeef was advised by A-6 to not discuss anything about Tahseen Akhtar @ Monu and Wagas with the ISI i, During Chat of A-6 with Afeef on the 13" July 2013, they discussed about funds required for Jihadi activities in India. A-6 advised not to take money from the ISI and stated that huge money was not required for any operation. A-6 told that even Rs 500 was enough to do one major operation sometimes. During Chat of A-6 with Riyaz on the 13" July, 2013, Riyaz informed A-6 that on Sunday last, that he had kept Darss at his residence in which several people including Mota @ Afeef, Bebo@ Page 1800277Iqbal Bhjatkal and Ale @ Mohsin Choudhary had arrived at his residence where Afeef had some scuffle with Igbal over some remarks. The souffle had started with the episode that Mirza Shadaeb Beg had with the landlady who was perturbed at the suspicious visitors at their rented accommodation. The ISI officials intervened and later directed them to work totally under their control and fumish the names and addresses of their all contacts. The officer further told that the names would be confirmed from their ‘own channels and his men misbehaved with Iqbal, Thereafter, the ISI officials took away their 40 mobiles, all laptops, hard disks and other items. The new ISI officer repeatedly pressed them to work totally under their control if they wanted to stay in Pakistan. Riyaz further informed A-6 that though they received funds from the Agency, they were never totally under their control, He requested them to release their house and further told A-6 that he was worried since all his contacts were in his laptop seized by them. He was depressed since some items including 4 mobiles were still with them which were meant for contact with Uparwalas (Al Qaeda), During Chat of A-6 with Riyaz on the 13 July, 2013, they discussed about the allegation of the ISI who had mentioned giving an amount of rupees 25 crores for their activies. Riyaz further mentioned that hundred percent of their funds were not obtained from the ISI and that after full contact with the Al Qaeda, the funding channels will also change and that will provide new keys and software. Riyaz further said that he would be attending a meeting on Monday next with the agency (ISI) and informed them that he would not work under their direction as they wanted their contact details. Page tata?1. During Chat of A-6 with Riyaz on the 14 July, 2013, Riyaz mentioned that ISI officials might have been informed about his ‘upar’ (Khyber Pakhtoon/Afghanistan) visits, and that 4 phones used to contact “upar" contacts were still with ISI. He mentioned that he had meeting with the ISI officers on the next day. m.During Chat of A-6 with Riyaz on the 16" July, 2013, Riyaz mentioned that he had given a fake list to the Agency (ISI), which had pacified them to some extent. They were asking for more details, and had called after 4-5 days. n. During Chat of A-6 with Riyaz on the 16" July, 2013, Riyaz mentioned that when he had gone to the agency then the officer was smiling and discussed about the Bodh Gaya blasts upon which Riyaz told them that it was not done by the arrested accused Persons A-6 and A-7. Riyaz mentioned that the IS! officials had seized their passports, which had been made without their Permission, and that they would not return the passport. They discussed that they were facing such a predicament due to betrayal of the friends of their group which was unexpected, and that the agency could not be trusted, and might even hand them over to In 17.126 Contacts of the accused Md. Ahmed Siddibapa in Dubai and plan to collect funds from Dubai :- Investigation has established that in pursuance of the conspiracy, the accused A-6 tried to contact his known persons in Dubai in order to generate alternate source of funding for the IM. The analysis of the chat cpommunications on the following dates reveals their plans in this regard Page 8207277,a. During Chat of A-6 with Afeef on the 24 May 2013, Afeef informed that Riyaz had returned back from Afghanistan. A-6 told Afeef that he had contacts of Anwar @ Noor, Abdul Wahid @ Khan who were staying in Dubai and working for their organization by proving funds and other logistics. b. During Chat of A-6 with Afeef on the 2™ June 2013, A-6 asked the contact numbers of their members who were known to him and staying in Dubai like Anwar @ Noor, Abdul Wahid @ Khan, Mateen Muneri, Razak resident of Unchila, Samir resident of Uchila, Khalil resident of Thansegude, Karnataka. He asked Afeef to tell Khalil to collect contact numbers of all their members staying in Dubai. A- 6 further asked Afeef to collect mobile numbers of any other members who would provide funds for organization. . During Chat of A-6 with Afeef on the 4" June 2013, A-6 discussed about contacts in Gulf countries like Khalil and his brother [EE residents of Tonsehude, Udupi, staying in Dubai, [MM son of [EEE ‘esicent of Mangalore, A-6's uncle [IIININNIN based in Oman and his cousin [EEE based in Dubai, d. During Chat of A-6 with Afeef on the 6" June 2013, A-6 asked ‘Afeet to contact some member in Dubai for funding. They discussed about contacting with [I IEE resident of Monur, EE EE, 01) resident of Uchila, Udi Kamataka and [INI resident of INN. Mangalore apart from the contact with III and III. 4-6 further stated that if these persons including Khalil would be in contact, they would work a lot for them. Page 8307277,e. During Chat of A-6 with Afeef on the 2 July 2013, Sultan came online and stated that he had sent the email of Afeef i.e file containing mobile numbers of members based in Dubai and other places asked for by A-6. A-6 asked Sultan to create one separate chatlemail ID for chatting with him. f. During Chat of A-6 with Afeef on the 2" July 2013, they discussed about the photographs sent to A-6 to identify the old members in Dubai. They discussed about persons in Dubai like Samir resident of Uchhila, Udipi, Mustafa, Adnan, Sohail, Riyaz, Asif, Khalil brahim and Sufiyan. A-6 asked him for contact numbers of his cousin Irshad Zukhaku, Mateem Muneri resident of Bhatkal who did Alim and based in Dubai, Jasim resident of Bhatkal (in Kuwait) and Abdul Wahid @ Khan occu -Business of Shoe shop based in Dubai 17.127 Arrangement of money from the proceeds of terrorism to support families of arrested operatives:- Investigation has established that in pursuance of the conspiracy, the accused persons made efforts to send money for supporting the family members of jailed and dead operatives. During Chat of A-6 with Afeef on the 2” July 2013, A-6 asked him to send money for the family members of arrested persons namely Bashir Hasan @ Master Hasan, Shi (brother-in-law of Bashir Hasan) and Qateel (died). Afeef stated that Riyaz used to send the money to those families. Afeef told that he would arrange some money for the families of arrested members. 17.128 Sending SMS's the IM Operatives against persons of the North-east region :- Investigation has established that in pursuance of the conspiracy. the operatives of the IM have been making attempts to foment communal tension in different parts of Page 8277India. During Chat of A-6 with Afeef on the 12" July 2013, 4-6 asked whether their new head had participated in any Jihadi operation in India. It was revealed that he had sent SMSs to create panic Northeast region people staying in Bangalore and other southem states and planned to create violence between the groups in India by fake SMSs to revenge the assassination of some Rohingya Muslims. 17.129 Efforts for making contacts and cover in Nepal by the accused Asadullah Akhtar @ Haddi :- Investigation has established that in pursuance of the conspiracy, the accused A-7 made efforts to establish cover for himself in Nepal. The following instances emerged from the analysis of the recovered chat messages :- a During the chat between A-7 and Mirza Shadaab Beg on 25" May, 2013, A-7 told him about his associates. A-7 told him that at this end a new setting was about to form. A-7 conveyed to Mirza Shadaab Beg about the meeting with local persons to be recruited for furtherance of their activities. b During the chat between A-7 and Mirza Shadaab Beg on 1° June, 2013, they discussed about the environment at Nepal and A-7 told him that he had to daily see the faces of Kafirs, ¢ During the chat between A-7 and Riyaz Bhatkal on 18" July, 2013, Riyaz advised him to build the well planned cover so that no one could raise any suspicion. In past A-7 used to disguise as orphan. There, Pandit ji always persuaded him to take up the matter with his family members for marriage. A-7 stated that he disliked such people. Riyaz asked A-7 whether or not he was converted to Islam. A-7 apprised him that they kept on making effort for the same. They discussed about Yasin’s capability for Page 185 07277treatment. Yasin used to treat the patient using the traditional ways and strongly opposed the Allopathic treatment. d During the chat between A-7 and Mirza Shadaab Beg on 18" August, 2013, A-7 told him that they were about to start the ‘cover business of medical items, and that Md. Ahmed (A-6) had invested in good furniture. © During the chat between A-7 and Mirza Shadaab Beg on 17" August, 2013, A-7 told him about topography of their place (Pokhara) which was at considerable height in Nepal and how they were getting accustomed with the place. f During the chat between A-7 and Mirza Shadaab Beg on 23 August, 2013, Md. Ahmed @ Yasin apprised him that they were busy in setting of a medical business for disguise. Md. Ahmed @ Yasin told that he had managed some licence and other related documents for the sake of disguising. g Mirza Shadaab Beg enquired from A-7 on 24" August, 2013, whether his medical business at Pokhara, Nepal had started. 17.130 Efforts for sending new operatives for training outside India by the accused Asadullah Akhtar @ Haddi established that in pursuance of the conspiracy, the accused A-7 on the advise of the absconding accused Mirza Shadab Beg made efforts investigation has to get two SIMI operatives out of India, for further sending them to Pakistan to get trained in terrorist act . The following instances ‘emerged from the analysis of the recovered chat messages: a. During the chat between A-7 and Mirza Shadaab Beg on 19” June, 2013, A-7 asked whether he could make arrangements for shifting Page 18607277of some ‘cime’ (SIMI) personnel who were half wanted, and had become wanted in connection of their links with the IM. As they were wanted, they wanted to go to Pakistan. A-7 told him that it was very risky to work with any new cadres and they should not lose focus. . During the chat between A-7 and Mirza Shadaab Beg on 23 June, 2013, they again discussed about sending the persons who wanted to go to Pakistan. Mirza Shadaab told him that the boys were good and worthy and would improve after receiving training in Afghanistan / Khyber Pakhtoon with the Al Qaeda / Taliban since it gave a new vision to the whole individual. He told A-7 that to make arrangements for their transport without getting exposed. They would be sent for training to Afghanistan i.e. uper (code) since it would enhance and sharpen their skills. During the chat between A-7 and Mirza Shadaab Beg on 25" June, 2013, they discussed regarding the three persons whom they intended to send to Pakistan for training. On the topic he intended to talk with tb, and he told A-7 to tell Md. Ahmed that three boys were willing to go to Pakistan for training and had a team behind them. If they would be sent then others would also follow. During the chat between A-7 and Mirza Shadaab Beg on 29" June, 2013, A-6 informed that 2 lakhs of Nepali rupees were required for making the passport of one person for further sending. They discussed about the modalities of travel arrangements. During the chat between A-7 and Mirza Shadaab Beg on 2™ July, 2013, A-6 again informed Shadaab that it would take Rs. 2 lakhs Nepali rupees for making 1 person's passport which would probably Page 8707277be of Bangladesh (bd). A-6 also told that they would not directly be involved in this and thus it was costing heavily. Shadab told that he wanted the boys to be sent to Iran, where he had a setting for their further travel; and did not involve the role of the ISI, A-7 told him that as soon as the money was received, the work on the passports would start there. During the chat between A-7 and Mirza Shadaab Beg on 4" July, 2013, A-7 asked for rsss. A-7 told him that about Rs. 2 lakhs would be required for Nepalese passport without any apparent involvement. Shadaab indicated that he wented passport of Bangladesh, and A-7 told that he would try about it further. He asked A-7 to do for one person at first. He further mentioned to think about Shadaab (i.e. person with same name as his) firstly. |. During the chat between A-7 and Mirza Shadaab Beg on 5" July, 2013, they discussed about the ppp (Passport) for Shadaab firstly and then for other persons. The only problem Shadab had was shortage of rsss (money). A-7 asked him to send the accurate picture for making of the passport During the chat between A-7 and Mirza Shadaab Beg on 12" July, 2013, Shadaab mentioned that due to problems with Riyaz in the group, they could not make any progress about shifting of the two boys (Shadab Ansari and other contact of Dr. Shahnawaz who had to be sent to Pakistan from India). During the chat between A-7 and Mirza Shadaab Beg on 14" July, 2013, Shadab told A-7 that the new persons were daring but technically weak. A-7 ensured that they would be trained accordingly. Shadab mentioned that they were even ready to leave Page 188 07277their homes, but due to financial support required, it was better if they remained in their setups and worked. |. During the chat between A-7 and Mirza Shadaab Beg on 21* July, 2013, Shadab told A-7 that they had to wait for some time before bringing new boys from India, to be trained, since the setup had changed. A-7 told him that a minimum 2 and maximum of 3 persons could be sent. During the chat between A-7 and Mirza Shadaab Beg on 6” August, 2013, Mirza asked him about what he had thought about the boys to be brought out of India i.e. Shadaab and other one. A-7 told that he was thinking but did not have anyone else to receive them, and was also thinking as to how safe they were, since they (i.e. Shadab) had not been arrested even when their involvement in the blasts was known. During the chat between A-7 and Mirza Shadaab Beg on 6” August, 2013, Mirza said that he was thinking about taking out the other person at present and not Shadaab, but both were known to each other. Upon being asked about the arrangement for passport he replied in negative. He told that the new boys ie. Shadaab and the other one, were in direct contact with Dr Shahnawaz. Mirza ‘Shadab Beg had talked to them on 2-3 occasions. A-7 advised him to contact the new boys to be recruited and to tell them to finish all their previous contacts and to restrain from making any calll through phone and except through Internet and also to change their locations. A-7 asked him to convey to ladko to come to this side ie. Nepal, at the places which he would suggest. They should try to get settled there by engaging in some petty work with the impression Page 18907277that they had come for earning being poor. If they managed to do this without any mistake then he would see ahead. A-7 stated that he would plan their address, cover etc. and asked him to prepare for their monthly expenditure of minimum 30 thousand rupees. ‘Shadab said that the ISI was not ready to give any money till they would prove their credentials. During the chat between A-7 and Mirza Shadaab Beg on 15” August, 2013, A-7 asked him to make contact with new boys but he replied that Dr. Shahnawaz was in contact with them. They were fully prepared to leave and were waiting for the order. Shadab asked A-7 about the amount required for their travelling. A-7 mentioned that their travelling would be extended approximately over two months and thus would require 25 thousand each. Once they would leave their place they would have to wait for some time midway to ensure that they were safe. A-7 asked him to note some steps for their inclusion in the group and ouster from their respective places. Further, they discussed about how they should be infiltrated from the border. A-7 mentioned that it would be better to follow the same route as they did in their time (Ie. near Nepalganj in Bahraich). A-7 told him that it had become difficult to cross the border from the Bihar side as he had seen his posters at the Raxaul border. A-7 told him to tell them to cross the border with some ID proof and then to stay in some hotel for 1-2 days, till he could shift them to suitable location. A-7 asked him about the looks of the two persons so that they could be given suitable covers and asked him whether they had Bihari looks (like them) or urban looks (like Dr. Shahnawaz). A-7 told that Bihari looks were better to find cover. Mirza told that they were of mixed looks, however the one called Shadaab had slightly Bihari looks. Mirza told A-7 that he had Page 900277seen the second person in photograph. Mirza mentioned that he would send their pictures the next time. 1. During the chat between A-7 and Mirza Shadaab Beg on 15" August, 2013, they again talked about the fresh boys who were to be sent for training. Shadaab Beg mentioned that he had sent letter in that regard to Bada Sajid. He reminded A-7 that the system there had changed since they had now contacted directly with the Al Qaeda, and since Bada Sajid was staying with the seniors of the Al Qaeda. Mirza mentioned “aur micro ke bade officer ke passss apna chkn ja ke baith gaya haai. (Bada Sajid had contacted senior members of A-Qaeda)’. ©. During the chat between A-7 and Mirza Shadaab Beg on 25” August, 2013, Abu Rashid wanted to talk to A-7 about the two boys namely Shadab (Ansari) of Sanjarpur and one friend of ‘Shanawaz who were to be sent to Pakistan. Shadab had been involved in planting of bombs at Jaipur and Delhi in 2008 but his name had not figured in the accused list so far. The other person who was the friend of Dr Shahnawaz was an old SIMI member and had many boys under his influence. That is why they wanted him to reach Pakistan to further the aims and objectives of the Indian Mujahideen. Abu Rashid felt that Shadaab was not doing much for getting them to Pakistan; hence he wanted to talk . During the chat between A-7 and Mirza Shadaab Beg on 27" August, 2013, they again discussed about sending 2-3 boys to Nepal for training, for which Bada Sajid was supposed to give permission. 17.131 Efforts for recruitment and training of new operatives Page 91277in Nepal by the accused Asadullah Akhtar @ Haddi :- Investigation has established that in pursuance of the conspiracy, the accused Asadullah Akhtar (A-7) during his stay in the hideout at Pokhara, Nepal was fully involved in the IM activities and made efforts for training new operatives to raise a new module. The following instances emerged from the analysis of the recovered chat messages :- a. During the chat between A-7 and Mirza Shadaab Beg on 25" May, 2013, A-7 conveyed that new recruitment comprising of 4-5 persons had been done by Md. Ahmed Siddibapa (tb) from outside Pakistan and as such he was quite pleased and expected that in this way they may recruit 15-20 new cadres and not more than 20 were required for the work. Md. Ahmed Siddibapa (tb) used to ask him daily about the progress. He had asked A-7 for readying the vds and for causing damage to the market b. During the chat between A-7 and Mirza Shadaab Beg on 26" May, 2013, A-7 told Mirza Shadab Beg that their guests had returned. ©. During the chat between A-7 and Mirza Shadaab Beg on 13" July, 2013, Mirza Shadab Beg asked him whether he could provide terrorist training to some boys of India in India or at some other place where they could travel to, who were exclusively in touch with him, and were not known to any others like Afeef etc. A-7 told him that he could definitely do so since it was their work. Shadaab further told him that the boys were young and could participate in the work with him, d. During the chat between A-7 and Mirza Shadaab Beg on 20 August, 2013, A-7 told that he had hopes from the boys who had to come from India. Poge 9201277e. During the chat between A-7 and Mirza Shadaab Beg on 22¢ August, 2013, Mirza Shadab Beg told A-7 that everyone wanted them to do some action. A-7 told him that he was waiting for some boys to reach him there at Nepal. He then said that he will talk to Dr. Shahnawaz for sending the boys. There was discussion that ‘Afeef was not in favour of handing over the boys to A-7 since he was staying with Md. Ahmed who in turn was in contact with Chotte (Riyaz) f. During the chat between A-7 and Mirza Shadaab Beg on 23” August, 2013, Md. Ahmed @ Yasin asked him to send some cadres for assistance in Nepal. Shadab Beg motivated him that they were better than rest who were in Afghanistan or in Pakistan. 17.132 Discussion about Letters received from jailed IM gperatives :- Investigation has established that in pursuance of the conspiracy, letters were received from jailed IM operatives, and were pondered upon. Efforts were being made to send letters to jailed operatives. A letter was received from Saif, jailed IM operatives in Gujarat jai, in which modes of their release from Gujarat Jail had been discussed. The following instances emerged from the analysis of the recovered chat messages == a. During the chat between A-7 and Mirza Shadaab Beg on 5" July, 2013, it was revealed that danda (Abu Rashid) had received the letter of saf (Saif had sent letter to Riyaz, Dr. Shahnawaz, Abu Rashid and Bada Sajid) informing that ski (Shakeel in Gujarat Jail) and zia (Zia in Gujarat Jail) had converted to briv (Barelvi) from Deobandi. Mirza Shadab Beg and A-7 discusses emotionally about the letter and about the condition of their jailed brethren. A-7 Page 9307277,asked about the condition of lamboo (Hakim in Dethi Jail who had sent ball bearings from Lucknow for Delhi Serial Blasts). Lambo means baghh was in Delhi. Mirza Shadab Beg further mentioned that there was chance that their chottu (Salman) would be free at earliest because he had gone inside in young age. Being asked about the letter he mentioned that there were many ways to get them out. They needed to show some daring. Recently, there was report of kh Sabarmati Jail) and only 2 days work was remaining. A-7 knew (Reference to the underground passage dug out in about the incident. He suggested that there were many ways in which work could be done. A-7 asked as to how they (jail authorities) were behaving with them after the incident. He informed that it had become strict these days. But, still one way was there to get them out. A-7 asked him to send the itr in crp (encrypted) and suggested him to join for fidayeen attack on the Sabarmati Jail, and then told him not to worry (as MSB was not ready for such attack), During the chat between A-7 and Mirza Shadaab Beg on 10" July, 2013, He informed that recently, they had received the letter from Saif (in Gujarat Jail) wherein he asked money from chkn (Bada Sajid) as he had spent one lakh rupees in khodai (digging at ‘Sabarmati jail for escape of IM Cadres). He told A-7 that he had to ask for the money since the brothers (Riyaz and Iqbal) had done cheating and did not send funds despite having taken 26 crore altogether. ISI had now imposed restrictions upon Riyaz and Iqbal due to their financial irregularities. During the chat between A-7 and Mirza Shadaab Beg on 13" July, 2013, they again discussed about the ptr (Letter sent by Saif). Page 1987277Mirza told A-7 that the ptr had some secret things and would be sent to him after editing, |. During the chat between A-7 and Mirza Shadaab Beg on 14” July, 2013, A-7 showed annoyance since Mirza had not brought the ptr (letter). A-7 told him that he had walked for 7-8 KM to join him and now had to go back as much. . During Chat of A-6 with Riyaz on the 16" July, 2013, they discussed that a letter was received from ‘andar’ (jai) of Saif. During the chat between A-7 and Mirza Shadaab Beg on 18" July, 2013 (at timing about 09:59 hrs) , the letter (ptr) was sent to A-7 after editing the codes and ways (tareekey) which were mentioned in the ptr. The code was 12491249 for breaking the encryption. The Letter was addressed to Bada Sajid (chkn). Mirza Shadab Beg told ‘A-7 that if he was ready to do the work then he would send him the ‘cut part of the letter (ptr) also. |. During the chat between A-7 and Mirza Shadaab Beg on 19" July, 2013, it was discussed that that four letters of Saif were addressed to chty (Riyaz), chkn (Bada Sajid), dr (Dr. Shahnawaz) and Pvz (Amir Reza Khan) each. They discussed that Bada Sajid and Md. ‘Ahmed Siddibapa had wept on reading the letter. They discussed that work would be done for release of prisoners. They discussed that money was required to be sent to jail every month. During the chat between A-7 and Mirza Shadaab Beg on 21" July, 2013, Afler reading the ptr (Letter sent by Saif), Md. Ahmed Siddibapa @ tb was in tears and asked whether engrr (| Shadaab Beg) was sending money to them or not. He told that 26 Page 19507277crore (12.5 crore Indian currency) rsss were embezzled by Riyaz (bhai) which was meant for them (prisoners). When A-7 had ‘enquired from Riyaz about this he denied having received any such amount. Mirza Shadab Beg mentioned that the ISI had asked about itin his presence, and that it was true. i. During the chat between A-7 and Mirza Shadaab Beg on 15" August, 2013, they discussed about sending letter and money to the Father-in-Law (Irshad) of Md. Ahmed Siddibapa @ Yasin Bhatkal in jail. A-7 told that he had assisted him in the first work (i.e. firing at Jama Masjid) and had also indicated support for Fidayeen strikes. j. During the chat between A-7 and Mirza Shadaab Beg on 26" August, 2013, A-7 asked about the status of sending the letter written by Md. Ahmed @ Yasin for his Father in Law Irshad Khan in Jail, which was being planned to be delivered soon. As Shehzad @ Pappu, Salman and Hakim of our group were also stationed at Delhi, hence the letter to the in laws house of Yasin could also be sent to them k. During the chat between A-7 and Mirza Shadaab Beg on 27" August, 2013, they talked about about the letter to be sent to the father-in-law of Md. Ahmed @ Yasin Bhatkal in Delhi Jail. IM detenue Saif in Gujarat jail had earlier sent a letter for Dr ‘Shahnawaz, one letter for Riyaz Bhatkal and one for Bada Sajid, 17.133 Files exchanged between the accused persons A-7 and za Shadab Bea:- Investigation has established that in pursuance of the conspiracy, several files were exchanged between the accused Page 19607277persons, many of which could be recovered from either the recovred chats or from the mirror images of the seized digital items obtained from CERT-In, These files which were either encrypted or password protected, were used to exchange valuable information. The following instances emerged from the analysis of the recovered chat messages . During the chat between A-7 and Mirza Shadaab Beg on 1" June, 2013, A-7 had sent a mail in a file to Shadab Beg which was known to him only and he acknowledged regarding receipt of the same mail and also A-7 told him about the password II or HE (0 decrypting the file. b. During the chat between A-7 and Mirza Shadaab Beg on 25" June, 2013, AT had given him a link to download file at si: acrobat. ¢. During the chat between A-7 and Mirza Shadaab Beg on 18" July, 2013, A-7 asked him to recall the IDs which he had given to him for sending money and picture and he helped him to recall it as ME (0: 5ercing family photographs. d. During the chat between A-7 and Mirza Shadaab Beg on 21* August, 2013, «= AT ~— sent’ — him —the_—_—_ink a (6° sending the pictures, @. During the chat between A-7 and Mirza Shadaab Beg on 23” August, 2013, Shadab Beg sent him the picture of his brother which he saw and discussed. Page 97 07277f. During the chat between A-7 and Mirza Shadaab Beg on 27" August, 2013, A-7 sent him ID made using picture of brother taken from Facebook, after encryption and compression. The method of sending files was through Axcrypt. (InstalVencrypt: password WR or Aboutlah between A-7 and Shadeb. Password between A-7 and Riyaz: 17.134 Efforts to set up Extortion module in Dubai by the accused Asadullah Akhtar @ Haddi :- Investigation has established that in pursuance of the conspiracy, the accused Asadullah Akhtar (A- 7) and Mirza Shadab Beg planned to set up a new system for extortion of money from persons in Dubai (UAE), in order to generate funds for terrorist activities. The following instances emerged from the analysis of the recovered chat messages :- a. During the chat between A-7 and Mirza Shadaab Beg on 18 July, 2013, A-7 asked him to find some hawala contact for sending money. The db (Dubai) contact was linked with Md. Ahmed Siddibapa @ tb rather than A-7, thus he wanted to have someone of his own contact. b. During the chat between A-7 and Mirza Shadaab Beg on 14” August, 2013, it was revealed that A-7 was thinking to shift to India as plan related to conference work was not materializing from Nepal, and he wanted to make system for collection of funds from persons in Dubai, i.e. Maal-e-Ghanimat, Mirza Shadab assured A- 7 about arranging the SIM of Dubai soon. They discussed that if they could setup the conference system they could gain a lot. Page 19807277During the chat between A-7 and Mirza Shadaab Beg on 15" August, 2013, A-7 asked about the status of the SIM work for extortion in Dubai, Shadab told that he was thinking of using duplicate or cloned SIMs for such works, since he had done so earlier (in Azamgarh), |. During the chat between A-7 and Mirza Shadaab Beg on 19” August, 2013, they again discussed about the development of conference facility. . During the chat between A-7 and Mirza Shadaab Beg on 21% August, 2013, Shadaab told A-7 that he had a SIM of Dubai and asked him if it could suffice for the work. He then mentioned that two more SIM's would be required to talk with A-7’s sister in Qatar. During the chat between A-7 and Mirza Shadaab Beg on 22" August, 2013, A-7 asked him whether he had procured the SIMs required for the task of calling. He replied in the negative, but hoped 1o procure them soon. A-7 then explained about the task to be done using the SIM's. The SIM's, two to three were to be used to call persons including friends. A-7 told him that he needed to call him with the Dubai number, but others were to be called with local number. The remaining work was to check whether the voice in the system was clear or not. A-7 then explained on being asked that the purpose of the call was to commit extortion, All work in this was planned to be done by Mirza Shadaab Beg, including the receipt of money there; the calls were to be made by A-7 through conferencing. A-7 told him that 50% would be used for their work and 50 % would be set aside for the Al Qaeda. Page 199072779. During the chat between A-7 and Mirza Shadaab Beg on 23 August, 2013, it was revealed that Mirza Shadab had managed a SIM of Dubai and had asked someone to get local SIM of another State. h. During the chat between A-7 and Mirza Shadaab Beg on 26” August, 2013, they again discussed about procurement of SIMs of Dubai and Pakistan. Mirza Shadab Beg mentioned that the person who was sent had returned and that he would be contacted for confirmation of the same. A-7 advised him never to mix two mobile numbers for contacting persons for maintaining the security. i. During the chat between A-7 and Mirza Shadaab Beg on 27" August, 2013, it was revealed that Mirza Shadab Beg had procured 4 Pakistani SIMs and 1 Dubai SIM, and had also purchased two mobile phones, and was planning to check the same at a distance of 300-400 metres away from his house. Further, the batteries of the mobiles were to be taken out at home. They discussed about the details of the work that was planned using SIMs procured. A-7 told him that firstly they needed to call ‘one known person who was a big party, and ask if he was with them or not. Then the plan was to use him for collection of money in Dubai and later for more extortion from unknown persons, The SIN's were to be obtained so that if they had to contact someone, it was easier by way of conference call 17.135 ire munition he accused Asadullah 1 @ Haddi :- Investigation has established that in pursuance of the conspiracy, the accused A-7 made efforts to collect arms and ammunition to intensify the war waged against India. The following instances emerged from the analysis of the recovered Page 20007277chat messages :- a. During the chat between A-7 and Mirza Shadaab Beg on 13" July, 2013, Mirza shadab Beg revealed that he was due to attend a meeting with the ISI (kutte). A-7 advised him to request them for ‘smn (arms / explosives) rather than money. A-7 then asked him to send rsss and saman (arms/ explosives) so that they could perform the work. A-7 further told him to request them to send arms within a week. A-7 told him to discuss guns and that any small or big would do, but should be made available soon. A-7 told him to ask for delivery either in India or in Nepal, where he was then based. This was not to be told to Riyaz, since he could create problems. b. During the chat between A-7 and Mirza Shadaab Beg on 19" July, 2013, Mirza Shadab Beg asked A-7 whether he could go to Bdd (Bangladesh) to collect materials. ©. During the chat between A-7 and Mirza Shadaab Beg on 6” August, 2013, A-7 suggested that till the time any arrangement for arms was made on their own, they could take it from the ISI. ‘Shadab told that the ISI had bluntly refused to provide what they promised earlier and rather asked to do something to prove their credentials. Mirza replied “nahii kah rahy haain pahle apnii potnecy shw karo koi chota sa hi kaam kar ke (ISI told them to prove themselves by @ small action)". A-7 mentioned that they would soon show their potency. A-7 mentioned that he and Md. Ahmed Siddibapa @ Yasin Bhatkal did not want anything from them and very soon they were planning to do something. Mirza asked him to read about explosives of bleach in a book. They discussed about arrangement of explosives. Page 201 07277During the chat between A-7 and Mirza Shadaab Beg on 14” August, 2013, Mirza Shadab Beg asked A-7 whether he had checked the mail which he had sent related to methods of making explosives. He advised A-7 just to arrange Potash from somewhere for making the explosives. . During the chat between A-7 and Mirza Shadaab Beg on 22" ‘August, 2013, Mirza Shadab Beg mentioned that there had been a meeting with the ISI yesterday. Some boys in India were ready to receive arms/ ammunition. f. During the chat between A-7 and Mirza Shadaab Beg on 26" August, 2013, Mirza Shadab Beg stated that the ISI did not provide the Pistols and weapons, though Indian boys had been sent to collect the same. The boys had gone through Mota bhai @ Afeef. |. During the chat between A-7 and Riyaz Bhatkal on 18 July, 2013, Riyaz told A-7 that arrangement for Kalongi (explosives) could not be made due to some problem in middle. Now, he again exploring the ways to find out. It could be at the end of ramjaan or after conclusion of ramjaan. A-7 enquired about “EEE” (explosives). A-7 mentioned that he had spotted the “amnnn” (Ammonium Nitrate) in Nepal but was not sure. Riyaz was very pleased when A-7 informed that it contained about 42 percent. Riyaz told that they ought to have lab material. Riyaz asked A-7 to check it and asked about Elachi (detonator). A-7 mentioned that they would make arrangement for the same, Riyaz asked A-7 about availability of chemicals like sulphur and Potassium chlorate. A-7 said that it could be made available from Kathmandu. Riyaz asked A-7 Page 20207277whether to send explosive expert from his end. A-7 replied in affirmation. Riyaz discussed about the lodgings for the explosive expert if he was to be sent at th be done. Further, A-7 asked Riyaz to send the list of materials required by the expert to know its availability in the market. Riyaz told A-7 that some of materials like Ammn (Ammonium Nitrate) and acids were already known to him; about others, he would send the list. place. A-7 apprised that it could 17.136 Plan for Shift_of families of absconding accused persons to Pakistan: Investigation has established that in pursuance of the conspiracy, several absconding IM operatives were planning to shift their family members to Pakistan, in order to fully insulate themselves from any legal process like attachment of property. Specifically a plan for the shifting of the family of the absconding ‘accused Mohsin Choudhary from Pune to Pakistan with the assistance of the arrested accused Md. Ahmed Siddibapa (A-6) was widely discussed by the accused Riyaz Bhatkal during the chats. The following instances emerged during the analysis of the chats :- a. During Chat of A-6 with Riyaz on the 7" February, 2013, Riyaz told A-6 that it was being planned to shift Ashfaq's @ Mohsin Choudhary family in 2 months to Pakistan. A-6 was told that his, role in the shifting was important. Someone had to be readied by ‘A-6 to go to Darbhanga and to get them from there as they were to be shifted from Darbhanga to Kathmandu. Riyaz told A-6 that the family of Mohsin should not become aware of his location ie. Pokhara. He also told A-6 that recently Ashfaq’s brother was taken by police for questioning since one Sheikh, resident of Pune, who was out had been sent an ID by Riyaz via Tahseen Page 203 07277,qm) was reference to distribution of Gulab Jamun (Mithai) during ‘Ahmedabad Blast by younger brother of Mohsin Choudhary. He told A-6 that some persons had been jeiled in metro i.e Pune and Asfaq's brother was in contact with them. Sheikh had been detained but not shown arrested and he told the police about ID given by Riyaz. Since he had mentioned that T had given his ID, he was also taken by the police and the p younger brother of Mohsin some months back. There @ later left him after having directed him to inform if the suspect arrived again. During Chat of A-6 with Riyaz on the 26" March, 2013, Riyaz told A-6 that the family of Mohsin Choudhary was coming and that they will travel to Darbhanga by train, and they will need to be brought from there. A-6 told him that it would be better to call them to some other place like Raxaul. Riyaz told A-6 that a place ‘was to be taken in Kathmandu for them. Riyaz further discussed about Raxaul and the trains which reached there from Pune or Mumbai During Chat of A-6 with Riyaz on the 30" Mar, 2013, Riyaz told ‘A¢6 that Mohsin's family was supposed to reach around 20-25 April During Chat of A-6 with Riyaz on the 6" April, 2013, they had a discussion about shifting of Mohsin’s family and delivery of arms. Riyaz told A-6 that Mohsin had given one ID to Tahseen, his younger brother to give to Sheikh of Pune. Now the blasts had also taken place in Hyderabad, which Tahseen had earlier told to the police, so the police had become very suspicious. Thus the Page 208 07277family shifting plan had been postponed for 10-15 days. Riyaz told A-6 that Tahseen was very clever and would find ways out. e. During Chat of A-6 with Riyaz on the11" Apr, 2013, A-6 told him that the person who had to bring the family of Mohsin daily asked him about their arrival 17.137 Extortion by the absconding IM operatives based in Pakistan :- Investigation has established that in pursuance of the conspiracy, the IM operatives like Mohsin Choudhary and Amir Reza Khan remained enagaged in efforts for earning money through extortion from places like Pune and Kolkata in India, from their base in Karachi, Pakistan. During investigation the following instances were revealed from the analysis of the chats between the IM operatives Which indicated the extortion by the absconding accused persons Mohsin Choudhary and Amir Reza Khan :- a. During the chat between A-7 and Riyaz Bhatkal on 26" August, 2013, Reyaz informed that Ali bhai (Mohsin) had recently use freegate for extortion call in Pune but was not be back traced. Reyaz told that they made the call from their place, 17.438 Recovery of the Cash Proceeds of Terrorism along with Mobile Phone from Mrs. Zahida Khanum :- During the investigation it was established that the absconding accused person Md. Tahseen Akhtar @ Monu, acting on the instructions of the absconding accused Riyaz Bhatkal had provided a mobile cell phone and money amount of Rs. One lakh to Mrs. Zahida Khanum, wife of the arrested accused Md. Ahmed Siddibapa (A-6). The accused A-6 had conducted chat with his wife on the mobile handset from his place of hiding in Nepal. The following instances emerged during the Page 205 07277,analysis of the Chats :- a. During Chat of A-6 with Riyaz on the 23" March, 2013, A-6 asked Riyaz about the condition of his house in Delhi, Riyaz told him that he had sent someone to that place 8 months earlier. There was a plan to give Nimbuzz phone at A-6's house. Riyaz asked A- 6 whether his wife knew to use it. b. During Chat of A-6 with Riyaz on the 15" Apr, 2013, Riyaz told A-6 that he had planned to send Hasan to his house i.e. in Delhi ©. During Chat of A-6 with Riyaz on the 23 May, 2013, A-6 told Riyaz that he was thinking of going to get his wife. Riyaz told A-6 that he was waiting for the rains and cold weather to get his wife from Delhi to Nepal, d. During Chat of A-6 with Riyaz on the 16 July, 2013, A6 mentioned that he wanted to get his own wife to his hideout in Nepal. Riyaz mentioned that he had promised about getting wife during barish or sardi. e. During Chat of A-6 with Riyaz on the 16” July, 2013, Riyaz told that he was thinking to send Hassan @ Huzi @ Tahseen Akhtar to his house, but was avoiding due to security reasons since the photos of the four ie. A-6, Daniyal, Waqas and Tahseen were with the police. Then he talked about one news that he read which stated that Wagas and Daniyal had done the Bodh Gaya blasts and were absconding since long time. He advised A-6 and A-7 to keep their activities reserved since their hideout was not very far from Bodh Gaya, and the police may doubt about some Nepali links. Page 206 07277During Chat of A-6 with Riyaz on the 4" August, 2013, Riyaz asked for the address of his wife's house. A-6 sent the detailed address in encrypted file and also sent the names of his saalas as Arman, Farman, Lukman and Sulaiman and the name of his wife as Zahida. There was plan to call Zahida to Nepal soon. |. During Chat of A-6 with Riyaz on the 4" August, 2013, Riyaz told about the plan to send Hassan @ Tahseen along with one friend, who lived together with him. He talked of the 12 photographs of the IM absconders pasted in different places. Thereafter they planned for the intricate details of the visit of Hassan and friend. Also, talked about police checking and ways to avoid it etc. . During Chat of A-6 with Riyaz on the 18” August, 2013, they discussed about non receipt of any message from Hassan and his friend and hoped that they would be fine. During Chat of A-6 with Riyaz on the 19" August, 2013, Riyaz further told that Hasan and his friend had reached Delhi but could Not find the house. During Chat of A-6 with Riyaz on the 23" August, 2013, they discussed that the boy who had to go with Monu, had still not come. A-6 gave further details of Zahida's house. During Chat of A-6 with Riyaz on the 25" August, 2013, Riyaz mentioned that Monu was able to establish contact with A-6's wife Zehida. They discussed about the situation at home. It was discussed that Arman was frequently being called by the police. Riyaz mentioned that the identity of the friend of Monu was to be protected, Page 20701277|. During Chat of A-6 with Riyaz on the 27 August, 2013, A-6 mentioned that he was able to talk with his wife who had talked while within the bathroom for hiding contact. Discussion was also held about a lady neighbour who frequently contacted Zahida. Discussion was also held in the chat about how to get Zahida to Nepal. m. During Chat of A-6 with Riyaz on the 28 August, 2013, they discussed about the preparation to bring Zahida to Nepal It was further revealed that Mohd. Riyaz @ Riyaz Bhatkal had sent the items on the request of the accused A-6, just 3-4 days before 9 asked Mrs, Zahida Khanam admitted that her husband A-6 had sent one mobile cell phone ‘Micromax, dual their arrest. On SIM’ and money rupees one lakh, through his associate Monu on the 25" August, 2013. The NIA team seized the dual SIM Mobile Cell phone of Micromax make in slightly damaged condition, without SIM card (IMEI nos. were not visiblealong with Indian Currency Notes amounting to Rs. 99500/- (199 x 500=99500), Ninety Nine Thousand and Five Hundred only on the 7” September, 2013. This fact of her receiving the mobile phone and establishing contact with her husband accused Ahmed Siddibapa Zaraar is also found in the chat communication dated 25” August, 2013 between the arrested accused Ahmed Siddibapa and the absconding accused Riyaz Bhatkal 17.139 Plan_to_Shift_Mrs. Zahida Khanum to Nepal Investigation has revealed that in pursuance of the conspiracy the ‘accused A-6 made plans to shift his wife to Nepal, in order to remove his family members from India, fearing that they could be troubled by Page 208 07277police agencies searching for him, since he intended to further carry out terrorist activities from his base in Nepal or Pakistan. During stay at the hideout in Nepal, the accused A-6 and A-7 made a plan to shift 6's wife to Nepal. They were assisted by other IM operatives like Riyaz Bhatkal and Tahseen Akhtar in the task. The following instances ‘emerged from the analysis of the recovered chat messages ‘- a. During the chat between A-7 and Mirza Shadaab Beg on 26" August, 2013, they discussed about the plan to shift Zahida (wife of Md, Ahmed @ Yasin Bhatkal) within 3-4 days. It was planned that his wife would be brought somewhere else and from there to Nepal. b. During the chat between A-7 and Riyaz Bhatkal on 21** August, 2013, Riyaz informed A-7 that Javv (Waqas) and Hasan returned to their places. Hasan’s net was not working as they left in the night. Hasan had given message to Riyaz, but failed to reach him. Hasan had told Reyaz that everywhere posters of IM absconders were pasted in the city but photo of Jav (Wagas) was missing. Hasan also arranged one poster with him. ©. During the chat between A-7 and Riyaz Bhatkal on 26" August, 2013, Riyaz informed that Hasan had retumed to his place safely after accomplish the work. They discussed about the modes of shifting of Zahida from Delhi to Nepal, and ways to save the family from being harassed by police questioning, They further discussed about chat using proxies and codes as being a safer mode of communication than voice calls on telephone, and that they were still in contact with their brothers on Nimbuzz. They discussed that the arrests from Chennai of the IM operatives Abdur Rehman and Irshad Khan may have been a result of voice communication which Page 209 07277had been tracked by the police agencies. The idea of shifting Zahida was finalised as bringing her upto Huz's (Hasan) state i.e. Bihar with her brother and from thereon three persons would take the charge. One extra person would keep secret watch on them and in case of any suspicion would alert them. Reyaz asked A-7 to locate a new hide out at his place i.e in Nepal to be used in case of any eventuality. d. During the chat between A-7 and Riyaz Bhatkal on 27" August, 2013, Reyaz further told that the idea is she himself get out herself from his place and then Hasan and his friend would take the charge. But, he (Riyaz) was concerned about the risk due to posters of Huzi (Hasan) everywhere. They then contemplated to call her upto UP for further movement. Another option discussed was about using the friend of Hasan who went to his house previously, They also discussed the option to use ‘Jav’ (Waqas) instead of ‘Hasan’. But, Riyaz replied in negative. According to him they should better use one who was already involved Le friend of Hasan. The other reason was that he was also white (above suspicion). The outcome of the discussion was to prepare one couple and one backup for the job, and to find suitable person for the job, 17.140 Confirmation _by the Designated Authority on the retention of the Proceeds of Terrorism by the NIA: During investigation a request (on 9" September, 2013) was submitted to the Designated authority, for confirmation of retention of seized money amounting of Rs. 99,500/-. The same was confirmed by orders received vide letters No. [NNN dated 09.09.2013 and No, EY cated 06.11.13, from Shri Rakesh Singh, JS Page 2007277(IS-1), Ministry of Home Affairs (Designated Authority). 17.141 Investigation about the source of Procurement of the mobile phone given to Mrs. Zahida Khanum_by the absconding accused person Md. Tahseen Akhtar :- That during the investigation, Ms. Micromax Lid. was approached for obtaining the IMEI nos. of one Mictomax company make phone which was seized from Mrs. Zahida Khanam, since the Intemational Mobile Equipment Identification (IME!) Numbers were not legible. The IMEI number is unique to every phone. Micromax Ltd provided two IMEI numbers of the said phone as it was a dual SIM phone. The IMEI numbers were NN anc WE Further, all service providers were asked to search these IMEI nos. and thus Airtel provided a mobile number [ED which was running the aforesaid IMEI numbers. It was thus revealed that the number [EEE was used by Mrs. Zahida Khanum to. chat with the accused A-6, on and after 25" August. The chat was reportedly done on Nimbuzz. The CDR and SDRICAF were obtained from the concerned service provider. It was revealed that the number was purchased on the 5” July, 2013 and subscribed in the fake name of one Sh Devinder, s/o r was activated on 6" July, 2013. The location of the number was found to be in Jaipur, Rajasthan on 7" Aug'2013 and in Abul Fazal enclave, Delhi on 25° Aug, 2013. The fact of the mobile having been purchased from within Rajasthan further establishes the existence of a module of the IM in Rajasthan, as also revealed from the chat discussions between the arrested accused A-6 with Afeef and Riyaz Bhatkal lent of Didwana, Nagur, Rajasthan and 17.142 Receipt of Mirror Images of seized digital exhibits from CERT-In_for assistance in the examination of the accused persons :- On 6” September, 2013, the mirror image of Toshiba and Page 2k o277‘Samsung laptops respectively were received from CERT-In. On 12" September, 2013, the Mirror Image of remaining electronic gadgets like mobile phone, DVD eto. were collected from CERT-In. The examination of the accused persons was carried out on the basis of the Mirror Images received from CERT-In as detailed below. 17.143 Receipt _of Forensic examination Report on_ seized digital exhibits from GERT-In_:- The detalled analysis report of CERT-IN was later received vide D.O. No, IN dated 23% September, 2013, from which it was revealed that forensic image of all the storage media as submitted by the NIA on the 4" September, 2013, as well as that detached from the digital devices was made and the same was analysed forensically. It was mentioned that the soft copy of the forensically extracted data were placed in a hard disk for future reference and investigations. All the submitted materials were further resealed in five separate covers as received earlier with CERT- In seals. The detailed report attached revealed the following :- aThat the “Samsung N 100 Laptop Serial number es MEE" 2s marked as 01 and imaged as Q1-HDD.001 The following large number of different types of digital files, were contained in the device, as tabulated below. Q1-HDD.00t S| File Ex Type Toial No. 7 ser | VIDEO cry 2 A VIDEO 8 (3 BMP CPICTURE=—~SC RD 4 boc DOCUMENT B Page ain 2775 EMAILS EMAILS @ 6 FLV VIDEO ead 7 CF PICTURE 0087 @ uPG PICTURE 30802 9 MP3&MP4 | AUDIO & VIDEO [967 10 POF DOCUMENT T040 it PNG | PICTURE —~=~S~*«~SC ADO 2 PPT DOCUMENT 73 RAR V ARCHIVE TF PIGTURE 18 | TXT TEXT DOCUMENT 36 ie xis | DOCUMENT @ 17 ar ARCHIVE 136 b. That the “Toshiba Laptop Qosmio. 2s 2°40 2s 02 and imaged as Q2.HDD.001. The following large number of different types of digital files, were contained in the device, as tabulated below. ‘@2HDD 001 S| File Ex Type Toial No. T 7% “ARCHIVE 30 aM VIDEO 48 (3° 7 BMP PICTURE ‘5708 [pec DOCUMENT zg 5 EMAILS EMAILS @ 6 FLV VIDEO 6 (7 (GF PICTURE —~SCCID—C:*~*«*@dS 8 JPG PICTURE 98,253 9 MPS&MP4 | AUDIO€ VIDEO 1988 10 | POF DOCUMENT 107 Page 2a 7277[7 PNG PICTURE ——~C~*~“‘C*«~*~SSTOTSCSC*«‘«@d?W 2 TF PICTURE 2 13 TxT TEXT DOCUMENT 1884 1 (xis DOCUMENT 4 18 Zp “ARCHIVE ® That the “Panasonic VHS written Birthday, Family Film with name Irshad" was marked as Q3 and not imaged due to unavailability of the facility at CERT-In That the ‘Nokia 1280 without Battery with IMEI No. MEI 612s irked as 04, and no images, That the “AGTEL Phone with dual SIM facility with IMEI Nos. —— (were marked as Q5 and Q5-SIM, and not imaged. That the “AGTEL Phones with dual SIM facility with IMEI Nos. —— EEE ere marked as Q6 and Q6-SIM, and not imaged. That the “Nokia E 50/1Phone with IMEI No. was marked as Q7 and not imaged That the “DVD 10 nos.marked as 1 to 10” , were marked as Q8-DVD- 1 to Q8-DVD-10 and the images were provided as follows :- Name of BVO Marked as | imaged as No. Page 2asor2771 |Make + Moser Baer DVD-R SIN: 1186 404 — REE 28867 Size 4.7 GB OEDVD-T | O8-DVD-Tiso Z| Make: Moser Baer DVDR SIN : 1186 404 ~ REE 26675 Size 4.7 GB OEDVOD | OS DVD-ZKo 165 3 | Make : Moser Baer DVD-R SIN: 1186 404 — REE 26873 Size 4.7 GB ‘OE-DVD-3 | O8-DVD-Bis0 3 4 Make : Moser Baer DVD-R SIN : 1186 404 ~ REE 26663 Size 4.7 GB ‘QE-DVD-4 | 8-DVD-4.iso 5 | Make ; Moser Baer DVD-R > SIN: 1186 404 ~ REE 26677 Size 4.7 GB (Q8-DVD-5 | Q8-DVD-5.iso @ Make : Moser Baer DVD-R SIN : 1186 404 — REE 26670 Size 4.7 GB 7 | Make : Moser Baer DVD-R SIN: 1186 404 — REE 26668 Size 4.7 GB ‘OBDVDS Blank Q8-DVD7 | Blank Empty Empty 8 Make : Moser Baer DVD-R SIN: 1186 404 ~ REE 26866 Size 4.7 GB ‘Q8-DVD-B [Blank Empty 9 | DISC COMPACT CD ROM Labelled Mini Digital ‘Camera Driver 10 Make : Snow SIN : 3107 539-REE-14794 i. That the “Samsung GTC ‘Q8-CD-3 | Image Error ‘QE-DVD-10 | 08-DVD-B.iso Mobile 3303 | with Imaging failed due to technical reasons 21 IMEl No. BEE i) Col SV No Page nis 07277marked as Q9 and Q9-SIM and not imaged. The Micro SD Card was marked as Q9-MSD and imaged as Q9-MSD.001. MP3.& MP4 AUDIO & VIDEO SNo. | File Extn 1 /36P 2 GF 3 JPG a 5 |PNG J. That the“ ‘Q9-HDD.00% Type VIDEO PICTURE PICTURE PICTURE Total 2 28 250 733 22 ston 4 GB Pen Drive” was marked as 10 and imaged as Q10-THUMBORIVE.001. The following large number of different types of digital files were contained in the device, as tabulated below. Q10-HDI S.No. | Fie Extn | Type | Total 7 /30P VIDEO 7 2 | poc DOCUMENT 8 (RY ViBEO a GF PICTURE 120 5 PG | PICTURE ia 6 POF DOCUMENT 4 7 PNG | PICTURE 40 B RAR ‘ARCHIVE 3 3 2P “ARCHIVE 5 k. That the “Video Game Port BEET was marked as Q11 and not imaged. 17.144 Recovery of Files and Folders containing incriminating material_from the seized digital items as disclosed by the Page 2607277accused persons :- During investigation, on the 8" of September, 2013, the mirror imaging of the items received from CERT-IN was installed in a computer system having forensic workstation and the accused Mohd. Ahmad Siddibapa (A-6) was allowed to access the interface of mirror image, which was displayed in similar fashion as in the interface of original laptop in presence of two witnesses. Thereafter, the accused opened the folders one by one and showed the video clips and documents related to Jihadi literature including writings justifying the killing of non-Muslims in the name of Jihad and videos prepared by Taliban and Al-Qaeda on the necessity of Jihad. The accused also showed the files, documents / images / videos, which contained information regarding making explosives and IEDs. Further accused also showed the copy of fake Electoral ID cards and other documents stored in the Laptop. Some of the files were password protected which was duly opened by used the following passwords: (MS All the files showed by the accused were downloaded and the same was sealed and got signed by all the persons present there including Independent witnesses. 17.145 Details of important Files and Folders containing incriminating material from the seized digital items used by the accused persons - During the course of the investigation, the digital data files recovered from the Laptop / digital storage media _used by the accused persons were analysed and several files were found to be of incriminating nature :- i. Files related to manufacture and use of explosives :- The files named as “RDX" , "164970", “how to make TNT’, “viewthread.php" in the folder “EXTRACTED DATA\Q1\D0C’ Page a7 1277are the documents which contain the details of manufacture and usage of explosives, which were used by the accused persons for experimenting manufacture of newer types of explosives for creating Improvised Explosive Devices (IED's), mostly during the stay in Darbhanga (w.e.f. Oct 2010 - Feb 2011). During this period, the accused persons were engaged in learning how to make improvised explosives and new switches though the internet. They were also carrying out the experiments on whatever they had learnt through intemet in the ground located near their hideout. This was also established by the revelation of the accused Md. Danish Ansari us 164 CrPC. This estat that the accused persons were making efforts to develop different types of bombs using explosives, to be used for terrorist attacks. hes Files related to fabrication of circuits for use in IED's -- The files named as “am reciever FM JAMER’, “single chip FM “UHF Antenna Booster’, “UHF TV amplifier 4W by BF136", “Lankatronic |\| |||" in the folder “EXTRACTED DATAIQI\DOC” contain details about different types of electric circuits, which were downloaded by the accused persons and the absconding IM operative Waqas the stay in Darbanga (Oct 2010 - Feb 2011). During this stay, Waqas used to download details about the various electric circuits from internet in order to utilise these circuits in fabrication of IEDs. The accused Asadullah Akhtar @ Haddi had prepared one electronic digital circuit which was successfully tested in year Darbhanga in front of all the available cadres. This establishes that the accused persons were making efforts to develop circuits Page is or277|for use in Improvised Explosive Devices (IED’s), to be used for terrorist attacks. Terrorist’s Handbook :- The file named as “terror” in the folder “EXTRACTED DATA\Q1\DOC" is the document which contains

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