Red Fort Case
Red Fort Case
Red Fort Case
S.Cs. No. 01/05, 02/05, 05/05, 07/05, 08/05, 09/05, 10/05 &
11/05
State Vs.
1. Md. Arif @ Ashfaq @ Abu Hamad s/o Md. Akram
J U D G M E N T :-
the facts of the cases are inter-connected as they arise from the
same incident and the entire evidence has been recorded in the
main case, FIR No. 688/00, Police Station Kotwali, after the
2. Brief facts of the case as made out from the record are
their lives. After carrying out the firing, the culprits escaped
know that some unknown persons had intruded into Red Fort,
Shanker lost their lives and Ashok Kumar was critically injured
intruders escaped towards the rear side of the Red Fort. Capt.
spot.
“ 7 Raj Rifle”
Red Fort
Delhi-06
22 Dec. 2000
SHO
Kotwali PS
Delhi.
1. At 21/05 Hrs. I (Capt. S.P. Patvardhan) was in my
room in the officers mess and heard firing from the
general direction of the M.T. On coming out, I learnt
the following .
2 Around 21/05 hrs on 22 nd Dec. 2000 (Friday) two
persons in dark clothing and armed with AK 56/47
Rifles entered the Red Fort from direction of Saleem
Garh gate/Yamuna Bridge. While moving inside they
came across a civilian sentry by the name of Abdullah
Thakur deployed on duty at 339 (Independent) supply
platoon and fired a burst hitting him in the chest and the
Sd/-
(S.P. PATWARDHAN)
CAPTAIN,
7th RAJ RIFLE,
RED FORT,
DELHI-06.”
5. Ins. Roop Lal along with staff inspected the scene of crime
of Capt. S.P. Patvardhan and sent the same to the Police Station
got the instant case registered vide FIR no. 688/00, returned to
the spot and handed over the rukka and carbon copy of the FIR
to Ins. Roop Lal, who had taken over the investigation. Senior
there.
Kumar were lifted, sealed and seized. An iron rack was also hit
by a bullet and that portion was also cut off from the rack and
sealed and seized. One fired lead piece was also lifted from the
Abdullah Thakur and Uma Shanker were also seized from the
spot.
Kumar had expired. His clothes were also brought to the spot
spot, thirty-six fired cases were collected and seized. One live
cartridge was also found and it was also seized. Capt. S.P.
Red Fort. Forty fired cases were also handed over to the
police. Ins. Roop Lal prepared sketch thereof and seized the
same. SI Sanjay Kumar, who was also present inside the Red
eight currency notes of Rs. 50/- each, one note of Rs. 10/- and
and was taken into possession. The currency notes were also
and a cap were also recovered from inside the Red Fort and
about a rifle lying near Vijaya Ghat. Ins. Roop Lal reached the
spot and summoned crime team, dog squad, finger print experts
and CFSL team. The rifle was photographed and finger prints
were lifted. magazine of the rifle was taken out and it was
also prepared.
was found written on a paper chit on the spot, was searched and
10. At about 11.00 pm, a raid was conducted at 308-A, DDA Flat,
Gazhi Pur, but Md. Arif @ Ashfaq @ Ashaq was not found.
wife Rehmana. Ins. Ved Parkash and his staff decided to sit
stay at a distance from the flat waiting for the arrival of Md.
Computer Center”.
11. In his personal search, a 9 mm pistol with six live rounds and a
12. House search of flat no. 308-A, DDA Flat, Gazhi Pur was
13. A raid was conducted during the night at G-73, Muradi Road,
door and he was asked to open the door, but instead of opening
during the incident. In the firing that took place, Abu Shamal
@ Faisal died and his dead body was identified by accused Md.
Arif @ Ashfaq , who was also with the police party. During
the search of the house, one AK-56 rifle, one magazine with
was got conducted. As police party was fired upon and arms,
14. Accused Md. Arif @ Ashfaq @ Abu Hamad and his wife
that she knew fully well that accused Md. Arif @ Ashfaq was
terrorist act and despite that, she provided her shelter and
married him and for that she had received money from him
police party further took him to the rear side of the Red Fort,
where on his pointing out, one AK-56 rifle, two magazines, one
other two live cartridges were found. A kitchen knife was also
and one live round were prepared before seizure. A site plan of
FIR No. 3/01, PS New Friends Colony was got registered u/s 4
place of recovery.
prepared in his name and out of that Rs. 2,000/-, he passed Rs.
also got his fake ration card prepared through Matloob Alam,
20. The fake ration card of accused Md. Arif @ Ashfaq was
that accused Mool Chand Sharma also knew the purpose for
which the fake ration card was prepared and as such he and
out his premises No. 18-C, Gaffur Nagar, Okhla, Delhi to Md.
fully well his identity and object. He knew that Md. Arif @
carrying out the attack inside the Red Fort. He was constantly
in touch with him through telephone and his house was being
is alleged that this accused fully shared the aims and objectives
separate Jammu & Kashmir from India. For that purpose both
of these accused, who are father and son, had sheltered the
Act. Production warrants were issued against the two and they
conspiracy for attacking the Army camp inside the Red Fort.
Sri Nagar.
24. In May 2000, Md. Arif @ Ashfaq again came to Delhi and
25. During his stay at Delhi, Md. Arif @ Ashfaq got training for
27. Md. Arif @ Ashfaq also got a ration card prepared through
and Mool Chand Sharma, who was the ration Inspector of that
area.
to marry him, though she was sick and elder to him and joined
8 th December 2000.
camp inside Red Fort and for this purpose, they conducted
recce of the Red Fort. However, Abu Shahid fell sick and
of Red Fort.
Hamal along with Abu Bilal, Abu Haider, Abu Shakur, Abu
Shamal and Abu Saad went to Red Fort armed with two AK-56
Rifles. Abu Saad and Abu Shamal also put on bandoleers and
entered the Red Fort through Lahori Gate. Abu Saad and Abu
Shamal took out a rifle each from the bag and concealed under
of Light & Sound Program. After watching the show, Md. Arif
@ Ashfaq , Abu Haider, Abu Bilal and Abu Shakur came out
Md. Arif @ Ashfaq and Abu Bilal, Abu Saad and Abu Shamal
attacking the Army camp, Abu Saad and Abu Shamal jumped
out of the Red Fort from the rear wall of the Red Fort towards
Ring Road, where other four militants were waiting for them.
grenades, a knife and bandoleer in the bushes near the rear wall
of the Red Fort and Abu Saad threw his rifle near Vijaya Ghat.
A cap and rope, which were purchased for jumping the wall of
the Red Fort, were also thrown near the rear wall of the Red
Bilal, Abu Haider, Abu Saad and Abu Shakur left Delhi for Sri
Abu Bilal, Abu Haider, Abu Saad, Abu Shakar, Abu Suffian,
near the wall of the Red Fort at the time of jumping, which was
73, Muradi Road and AK-56 rifle & four hand-grenades was
all samples lifted in the case were also sealed and deposited in
samples lifted from the spot were collected from the respective
and compared.
Arms Act and Section 196 Cr.P.C were obtained against the
Complaints were also filed by ACP M.D. Mehta u/s 188 IPC
39. Separate charge sheet was also filed against the proclaimed
40. On recovery of pistol & six cartridges from accused Md. Arif
registered and its separate charge sheet was filed in the court on
was registered and its charge sheet was filed in the court on
29.03.2001.
New Delhi was forged one and was not issued from the office.
42. After supplying copies etc., the first challan was committed
43. Vide order dated 11.09.2001, trial of FIR No. 419/00, Police
Station Kalyan Puri, u/s 25 Arms Act and FIR No. 3/01, Police
(B) CHARGES :-
claimed trial.
46. Charge against accused Matloob Alam in FIR No. 65/01 was
(C) EVIDENCE :-
witnesses in all.
Bhatta, Ghaziabad, U.P since birth and has a ration card Ex.
the same address and has ration card Ex. PW-1/2. He deposed
2/A.
on record.
53. PW-4 is Sh. Yunus Khan. He deposed that he did his M.Sc,
Ashfaq .
ever issued in the name of Ashfaq Ahmad s/o Akram Khan r/o
House, Okhla, New Delhi-25 was not issued from his office.
series were not issued from his office. However, three ration
cards of 'E' series were issued from his office. Five ration cards
205/A & B and three ration cards of 'E' series are Ex. PW-
'B' series was not issued from his office. His report is Ex. PW-
Devender Singh were taken on six sheets and these are Ex.
PW-8/9 to 14.
said motor-cycle, some papers were found and one of them was
written in Urdu. This paper was got read over from a passer-by
and now is Ex. PW-10/C. It was seized vide memo Ex. PW-
Ex. PW-10/F and its key is Ex. K-1. Motor-cycle is Ex. M-1.
Reader to the SHO, Police Station New Friends Colony for the
last two years. His duty included receiving dak and putting the
same before the SHO. As per his record, accused Sadakat Ali
did not make any application giving information for renting his
separate pages in his presencc and same were now Ex. PW-
12/A to C.
they met with Smt. Mamta Sharma ARTO and asked her about
They also seized from their office form no. 4 of Mohd. Ashfaq,
to 1.00 am and had taken charge of his duty vide DD entry No.
that some unknown persons had fired shots inside Red Fort and
thereafter escaped towards the back of the Red Fort i.e towards
15/C and sent over the same to SI Rajender Singh through Ct.
memo Ex. PW-13/B. She also deposed that form no. 4 is Ex.
deposed that form no. 4 Ex. PW-13/B bears the fact that fees
were paid and its receipt number as well as date. She also
also deposed that she had passed the permanent driving licence
document Ex. PW-13/B, it was complete and was not torn and
before her and as the documents were stamp marked with the
17/A to D.
sealed with the seal of VP along with FSL Form in FIR No.
Ins. Surender Sund as per the directions of the court and made
19/F.
73, Munadi Road, Batla House, Delhi. He had rented out the
07.12.2000, he brought two more boys and all the three boys
Rashid.
and registered the FIR No. 3/01, carbon copy of the same is Ex.
564/22, Gali No. 22, Zakir Nagar, Okhla, Delhi. He had let out
Naib Court of P.S. Kotwali in the court of Sh. A.K. Sarpal, the
the court, same was opened and a visiting card with serial No.
Ex. PW-28/C and also took them to Red Fort where they had
Ex. PW-28/H and a receipt Ex. PW-28/I were also seized vide
78. PW-29 is Sh. Naresh Kumar, Senior clerk from the office of
him that shop no. GF-112, Devika Tower, Raj Nagar, Distt.
is Ex. PW-30/A.
was known to him as he was also a student and they had fought
Yunus where Md. Arif @ Ashfaq was also present and Yunus
the tickets which were searched by them in the moat of the Red
Fort facing Lahori Gate. He informed the police that the moat
G-112, Durga Tower, Ghaziabad, U.P. He had let out this shop
These were seized by the police vide Ex. PW-36/E. The three
86. PW-37 is Sh. Amir Irfan Mansoori. In the year 2000, he was
stay in the house of Nain Singh and informed him that he was a
sealed parcel to the court of Sh. A.K. Sarpal, the then ld. M.M.
The parcel was opened and a purse was taken out. Thereafter,
incident inside Red Fort and further claimed that “DO DANE
Delhi.
residence. She had received a letter from the police about the
residence and she had given its reply vide Ex. PW-40/A.
informed him that they had attacked Red Fort and he was
telephonic call from one Sh. Karan Mohan, who informed that
some civilians had intruded into Red Fort. She recorded the
said information vide Ex. PW-43/A and conveyed the same for
further action.
Sri Nagar. They met branch manager Sh. B.A. Vani and
3969561.
next show scheduled for 7.30 pm to 8.30 pm was held and the
Red Fort that some civilians had entered Red Fort and started
Rajender Singh to Red Fort, there Addl. SHO Ins. Roop Lal
was also present and on his directions, they searched Red Fort.
house of Nain Singh. One Sh. Azam Malik was also a tenant
there, who had brought Md. Arif @ Ashfaq there and got a
computer centre and Md. Arif @ Ashfaq used to visit only once
native place and Ashfaq had not met him for the last four-five
days.
Surender Sund.
Ex. PW-58/A.
Naik Ashok Kumar, who was admitted there with bullet injury
collected the copy of both DD entries, which are now Exs. PW-
59/A and B. DD no. 33, Ex. PW-59/C was also recorded at his
direction.
Sadakat Ali had let out premises no. 18-C, Gaffur Nagar, Okhla
Cafe and had not informed the police about this, which
Ex. PW-11/DA
Aslam is residing in Sri Nagar for the last twenty years and is
Dey, finger print expert and dog squad also reached the spot.
and his magazine was taken out. In the magazine, seven live
with the seal of RL and was seized vide memo Ex. PW-62/b.
day, Ins. M.C. Sharma along with staff made a departure entry
Ex. PW-68/B. On the same day, Ins. R.S. Bhasin along with
and staff made departure entry and at about 5.20 pm, SI Sunder
Lal made his departure entry and both are Ex. PW-68/E and F.
spot on the direction of Ins. Roop Lal and prepared a video film
paying him Rs. 450/- and handing over to him six photographs.
Sh. Satish Garg informed him that he got the driving licence
121. PW-72 is Sh. Chand Ali. He also got his licence issued
Shahanshah Alam.
Ashfaq had come to his shop for searching the shop of one Sher
his presence and cash Ex. P-1 to P-28, stapling machine Ex. P-
29 and bag Ex. P-30 were recovered from there and seized vide
Ex. PW-74/A.
spot inside Red Fort and searched for finger prints, but could
from Captt. Manish that some persons had fired inside Red Fort
and thereafter fled towards the back of the Red Fort. She
house no. A-18, Gaffur Nagar, Okhla, Delhi and was also its
am, he heard gun sound coming from the house of Sh. Gian
and these papers were seized vide Ex. PW-83/A and these
from the Mal Khana and took them to Bomb Disposal Unit,
were deposited in the Mal Khana and remnants are Ex. PW-
193/1.
one digital diary, one personal diary, driving licence and ration-
vide DD entry no. 28 Ex. PW-88/a and handed over the same to
went there and found one A.K.-47 rifle lying below the
Control Room and soon Addl. SHO, PS Kotwali and other staff
day, he had registered FIR no. 08/01 Ex. PW-91/A u/s 420 IPC
with the seal of SKS vide entry Ex. PW-93/C. The receipt of
the parcel being deposited in the CFSL was handed over to him
used to work at his shop and he was Incharge of all work for
responsible for running it and used to pay him Rs. 2,000/- per
Ashfaq.
from Col. Mohan regarding his jawans being fired upon and
persons. He raided said Sudhir Mishra and got FIR no. 08/01
were opened during his tenure as Branch Manager and all three
Authority of Jammu & Kashmir and recorded entry no. 14, Ex.
presence of jail officials and they also requested that when the
be intimated.
Nagar. He deposed that FIR no. 265/00 and 2/01, both Police
Ahmad Quasid and Farukh Ahmad Quasid and are still pending
record.
Police Officials.
Police Officials.
Ins. Surender Sund along with accused Ashfaq came over there
Mohd. Idriz.
this regard.
with Man Singh identified the dead bodies Naik Ashok Kumar
DCP North, Delhi. The file of the instant case was placed
before him and after examining the same and having satisfied
said subscribers.
Raj Rifles at Red Fort and removed injured Naik Ashok Kumar
Delhi.
Faisal and accused Md. Arif @ Ashfaq under the name and
Thakur as per the direction of the doctor and these clothes were
with Havildar Ramesh Kakre searched the Red Fort as per the
Ex. PW-115/38.
particulars.
IO Ins. Surender Sund inquired from him if any call was made
record and found that a call was made from his booth to
each, eight notes of Rs. 50/- each, one note of Rs. 10/- and one
note of Rs. 5/- and found all the notes to be genuine and his
arrival of one Attruddin (since P.O.) in India and the same was
and same was supplied to him vide Ex. PW-119/D and the date
Ex. PW-119/E.
was posted as Medical Officer with 7th Raj Rifles, at Red Fort.
he removed the clothes from the two dead bodies and same
injuries and he informed his senior and Naik Ashok Kumar was
removed and the same was handed over by him to the police
took the police to the spot, where there were eight bullet
marks, where Naik Ashok Kumar was shot. Police lifted earth
watch, part of rack, chappal and plastic chair and same were
police had also lifted blood and earth control from MT Park
Harender Prasad of Finger Print Unit and Sh. Ravi Kumar from
magazine was found lyiny near the electric pole on the Western
five finger prints Ex. Q-1 to Q-5 were found and same were
along with Sh. A. Dey and Sh. N.B. Bardhan visited the Red
bandoleer was found lying outside Red Fort. These items were
examined for finger prints and one finger print was found on
compared the finger prints with that of Abu Shamal and his
9.05 pm, there was firing inside Red Fort coming from the
his colleagues came out and went to the spot, where Abdullah
also deposed that earth sample and two empties were lifted,
one from the sentry post and other from the place nearby, vide
from the spot and found human blood on several exhibits and
On that day, militants had attacked Red Fort and killed three
jawans. At that time, Major D.K. Singh and Capt. Nagpal fired
131/B and were thereafter taken into possession vide Ex. PW-
131/C. CFSL form was also filled in. He also identified these
133/C.
9.00 pm, he was posted at Red Fort with 7th Raj Rifles. He has
entry no. 19-A Ex. PW-15/B was assigned to him and it was
had entered inside the Red Fort and fired gun shot and caused
injuries to some persons and two of them had already died and
one person was removed to hospital. Ins. Roop Lal reached the
Ex. PW-15/D and handed over the same to him for getting a
Police Station and got the case registered vide FIR No. 688/00,
ration card to his (Afzal) brother. The said ration card was
Akhtari Begum was seized by the police vide memo Ex. PW-
139/B.
Alam. He got the ration card issued after paying Rs. 100/- to
one Banee.
PW-138/1.
available in the market and anyone can buy them and use the
6315904.
inside the Red Fort in the direction, from which gun-shots were
heard.
Nain Singh. He deposed that Md. Arif, Azam Malik and Faisal
came to him and asked him to accompany him to the office for
Fair-price shop.
up CFSL form. Ins. Ved Parkash prepared a rukka and got the
Ex. PW-148/C. Accused was arrested and his arrest memo was
PW-148/8.
was lying and Ins. Roop Lal was also present and he took
not be developed.
informed the IO vide Ex. PW-150/C that Sh. Altaf Hussain was
Matloob after paying him Rs. 400 to 600/-. The ration card
Lal departed for patrolling and vide DD no. 73-B and 19-A Ex.
203. PW-154 is Mohd. Taufiq Khan. His ration card Ex. PW-
09.02.2001.
Ex. PW-155/A was seized by the police vide memo Ex. PW-
155/B and he got the same prepared from the Ration Office.
206. PW-157 is Sh. Sajid Khan. He was present at the time, when
the ration of PW-154 Md. Taufiq Khan was seized and as such,
PW-155 Sh. Abdul Rashid. He has also proved a slip Ex. PW-
158/A.
attaching his property and some property was attached vide Ex.
PW-161/A.
had been killed, was intercepted by the BSF when the message
to the concerned officers by Sh. B.S. Virk, DIG West and same
Faisal and he used to practice. Later on, Faisal along with Arif
further deposed that after receipt of the forms in the office for
not bear any entry in her hand, nor the same contains her
to E.
Khan was not issued by him nor the same bears his initial or
B do not bear his signatures as same were not issued from his
office.
and other staff to flat no. 308, DDA Flat, Gazhipur, Delhi as
Police Station Kalyan Puri and got the present case registered
condition.
Form CFSL was also filled in. He prepared a rukka Ex. PW-
condition with the CFSL after collecting the same from the
and from there they took three forms from a heap of forms
lying there. Form no. 2 and 3 were for issuing learning licence
from Haryana and Delhi and form no. 4 for getting permanent
thousands of forms lying there and these forms were for getting
pages and at page no. 65, entry no.-929, ration card bearing no.
raided the house no. 308-A, DDA Flats, Gazhipur, Delhi, from
and one digital diary Ex. PW-173/M were recovered and the
and nine receipts were handed over to him, which are now Exs.
2000, accused Md. Arif @ Ashfaq had come to his shop with a
new ration card Ex. 164/A and asked him to enter the same at
his area and he used to inspect his shop. He entered the ration
card Ex. PW-164/A at his shop vide entry Ex. PW-174/A in his
174/F-1 to 10. Entry no. 213 with card no. 258719 in the name
checking some ration cards and when the same was returned,
overwritings, he replied that it does not matter and this fact was
set and the message was that Delhi Police had killed one
Ex. PW-176/A, u/s 188 IPC against Gian Chand. The case
178/B of one Mohd. Shamim was seized by the police vide Ex.
of Abu Bilal.
pm, he reached the spot as per the instructions of Ins. Roop Lal,
He also deposed that they were sent to rear side of Red Fort for
carrying out search and outside the Red Fort, just below the
rear wall, a chit along with some currency notes was found and
notes comprised ten notes of Rs. 100/- eight note of Rs. 50/-
one note of Rs. 10/- and one note of Rs. 5/-, total amounting to
Rs. 1145. These currency notes and chit were handed over to
Ins. Roop Lal and were seized vide Ex. PW-183/A and chit
and the chit is now Ex. PW-183/C. Earth control was lifted
from the spot. Thereafter, they came to the inside of Red Fort
Roop Lal and were seized by him vide Ex. PW-183/D. He has
identified the chit, currency notes, rope as well as cap vide Ex.
PW-183/1 to 23.
184/B.
this regard.
Sund along with accused Ashfaq came to the police station and
nature.
card.
that two persons in black dress had come from the direction of
Uma Shankar and killed him on the spot. Thereafter, these two
persons came to the Unit Lines and fired upon Naik Ashok
ordered the gates of the Red Fort to be closed and for this
reason, it took some time for the police to reach the spot. Ins.
Roop Lal along with staff reached there and he handed over the
cartridges and fired cases were handed over to the police and
the police prepared sketch thereof vide Ex. PW-189/B and the
same were seized vide Ex. PW-189/C. He has identified all the
articles recovered from the spot and seized by the police and
electricity failure.
Sunder Lal for being deposited with CFSL, Lodhi Colony. The
material and Hon'ble Lt. Governor after applying his mind, was
Ins. Ved Parkash along with staff was present with accused
memo and sketch was handed over to him. Rukka was sent for
the case registered and handed over the carbon copy of the FIR
was sent to his relatives regarding his arrest vide Ex. PW-
was completed.
him to the SHO, and were seized by him vide Ex. PW-196/A.
246. PW-197 is Sh. T.N. Meena, who was Food & Supply Officer
different handsets and the call details running into three pages
also given the cell-ID (Identification of the Cell site) vide Ex.
eleven pages and the details are Ex. PW-198/G. The call which
telephone and the caller was at Chandni Chowk. Next call was
sanction for his prosecution u/s 197 Cr.P.C vide Ex. PW-
199/A.
placed before him for granting sanction u/s 39 of Arms Act and
mark no. 1 to 6, 7-A to 7-H, 8 to 17, , 18, 18-A, 19, 19-A, 23,
27, 29, 31, 32, 34, 35 and 36 and these contained one 7.62 mm
assault rifle fired cartridgecase mark C/1 Ex. No. 3, assault rifle
fired cartridgecase C/2 Ex. No. 4, lump of dust Ex. 7-A, lump
of dust Ex. 7-B, lump of grey colour dust Ex. 7-C, lump of grey
colour dust 7-D, lump of grey dust Ex. 7-E, lump of grey
colour dust Ex. 7-F, one fired bullet of assault rifle mark BC/1,
lump of grey colour dust, lump of grey colour dust Ex. 7-H,
rifle mark W/1 with serial no. R-5781, two empty magazines of
7.62 assault rifle mark M/4 to M/5, one folding type kitchen
rifle W/2 without its magazine bearing serial no. N-16341, one
and were live one. 7.62 mm assault rifle cartridge case mark
C/1, six 7.62 mm assault rifle cartridge cases mark C/49, C/52,
assault rifle cartridge cases mark C/73, C/77, C/81, C/85, C/87,
Fired bullet of 7.62 mm assault rifle mark BC/1 was fired from
mark M/4 to M/5 and one 7.62 mm assault rifle mark M/6 were
to C/30 could be loaded in assault rifle mark W/1 and W/2 and
either of the two 7.62 assault rifle mark W/1 and W/2 and his
252. PW-203 is Sh. Babu Ram Joshi. He deposed that he got his
Alam and the same was seized by the police vide Ex. PW-
signatures mark Q10, Q11 and stamp impressions mark Q19 &
mark Q12, Q13, Q14 and stamp impression mark Q20 & Q26
S25 to S29 were also received in his office. He has seen the
Q4, Q6, Q8, Q11 and Q13 were having some diversions from
Alam also wrote the questioned writings Q3, Q5, Q10 and Q12
parcels. He has examined these parcels and gave his report that
7.62 mm Assault Rifle was in working order and had been fired
through and the cartridges had been fired from the said Assult
also with the police party and on his pointing out, three hand-
mark A-1 to A-6 and examined and test fired the same and
was killed and FIR no. 630/00 was registered u/s 307/186/353
IPC read with Sections 25/27 Arms Act and 4/5 Explosive
Ex. PW-213/E.
after taking money from him, but he did not idenify accused
documents and his reports are in great details, which are Exs.
PW-216/A and B.
others.
the back of the Red Fort. He was arrested in FIR No. 688/00
and was taken to the back of the Red Fort and efforts were
Md. Arif, one AK-56 Rifle, two magazines tied to each other
live, were of the same type, sketch of one magazine and one
Ex. PW-69/A and her arrest memo was prepared vide Ex. PW-
101 Sh. Pritam Singh and PW-102 Sh. Hemraj Sharma, all jail
Delhi Police, when the two accused were released and their
and Sh. B.R. Joshi and has corroborated the version of these
268. PW-219 is Sh. Harun Ali. He also got his ration card
prosecution version.
Ins. Roop Lal, Ins. Hawa Singh and Ins. S.K. Sund had
at the house of Sadakat Ali at house no. 2437, Lal Quan, Delhi.
deposed that the report in this regard is Ex. PW-222/A and the
222/B.
this telephone number was given to the police vide Ex. PW-
B-3.
visit the house of Sadakat Ali and they are known to him only
Sh. P.R. Sharma and PW-64 Sh. O.P. Singh, both Managers,
and his search memo, arrest memo and information memo were
the version of PW-203 Sh. Babu Ram Joshi and PW-184 Sh.
Fair Price Shop of Matloob Alam vide Ex. PW-227/Z-4 and the
Fort was also prepared. He has correctly identified all the case
colour leather purse Ex. PW-227/14 and one rexine bag Ex.
PW-227/15 and all these articles were seized vide Ex. PW-
has also identified these computers and its parts as CPUs Ex.
44, six spiral bands Exs. PW-227/45 to 50, five mouse pads Ex.
Devender were taken on four pages, two pages and one page
language was also taken by Ins. S.K. Sund on three pages in his
Faruki were also seized by Ins. Hawa Singh after these were
examined by Ins. Pratap Singh and these cassettes are Ex. PW-
seized vide Ex. PW-227/Z-4 and that of Babu Lal was seized
case was transferred from local police to the operation cell and
Ins. Hawa Singh (now ACP) partly investigated the case along
the version PW-97 Sh. B.A. Wani and PW-168 Ins. R.S.
Bhasin.
a chit near the rear wall of the Red Fort was handed over to me
is a cash card and also came to know that it was used on two
and 21.33.43 hours, three calls were made to BBC from this
calls from Zakir Nagar to Gazhi Pur and vice versa. He further
Zakir Nagar, when calls were made to Gazhi Pur and when
calls were made to Zakir Nagar, its location (cell ID) was at
Airtel at the Lodhi Road Computer of the special cell. The call
of crime at Red Fort and calls were made to BBC offices, at Sri
the only number except PCO from which calls were made to
trace Md. Arif @ Ashfaq and at about 9.40 pm, Md. Arif @
about 12.45 am, he came over there and was apprehended and a
from which the calls were made as per Ex. PW-198/B-1 to B-3.
line was not available between Delhi and Pakistan, but these
caller was at Chandni Chowk and the caller could be inside the
was at the back of the Red Fort. At 21.27.30 hours, a call was
his hideout at house no. G-73, first floor, Batla House, Delhi,
police party knocked at the door, but the door was not opened
and the firing started from inside the house. Police also
returned the fire and firing continued from both side for about
lying injured with one AK-56 rifle, one magazine with thirty
the version of PW-7 Sh. S.R. Raghav regarding the ration card
accused Md. Arif. He also obtained all the papers of the case
from Ins. Hawa Singh, when the case was transferred to him on
13/E was issued in the name of Md. Arif, which was also found
PW-2 Sh. Yash Pal Rana and PW-3 Sh. Rajbir Singh. He also
Farukhi and also got its operation stayed vide Ex. PW-230/D
two more bogus ration cards of the same series as that of Md.
R.P.S. Bhaturia, PW-14 Sh. U.C. Jain and PW-222 Sh. H.G.
each other. His application for collecting the call details from
197 Cr.P.C against accused Mool Chand Sharma vide Ex. PW-
199/A and also obtained his specimen signatures vide Ex. PW-
no. A-18, Gaffur Nagar, which was the address got recorded by
Team of the Army at the time of the incident and sent the same
Abu Shamal, who was killed vide FIR no. 630/00, PS New
Shergarhli, Sri Nagar, vide FIR No. 240/00 and accused Abu
Police vide FIR no. 9/00, PS Special Cell, were involved in the
from Vijaya Ghat and from the back of the Red Fort and from
FIR no. 342/00, PS Sher Garhi, Batmalloo, J.&K. U/s 307 RPC
of the FIR Ex. PW-227/D-5 and its English Version mark PW-
where accused Md. Arif @ Ashfaq was also one of the tenants.
see.
the injured and the dead to the hospital, conduct of inquest and
spot.
Singh of special cell. She also recorded DD no. 9-A Ex. PW-
286. Statements of all accused have been recorded u/s 313 Cr.P.C
his son Hilal Farukhi, one Rabia and she herself were present at
the house. She deposed that Arif never disclosed that he was a
Since, there was no demand from the side of Md. Arif, she did
not make any preparation of the marriage. She had saved the
money for the marriage of her daughter and her relatives had
289. I have heard the arguments at the bar in extenso and have
Abu Bilal, Abu Haider, Abu Saad, Abu Shakur, Abu Shamal
Md. Arif @ Ashfaq and Abu Haider came to Delhi and stayed
Thereafter, Md. Arif @ Ashfaq left for Sri Nagar and wrote a
2000, he also took on rent house No. G-73, Muradi Road, Delhi
national and had come to India for committing terrorist acts and
and a fake ration card in the name of Md. Arif @ Ashfaq for
joined the conspiracy of killing any one who came in their way
identity.
received from Abu Bilal for attacking the Army camp inside
joined him (Md. Arif) and Abu Haider at Delhi. They had
295. It is further argued that all six accused i.e. Abu Bilal, Abu
Haider, Abu Saad, Abu Shakur, Abu Shamal and Abu Hamad
Light & Sound Program inside Red Fort. At that time, Abu
Saad and Abu Shamal were armed with AK-56 Rifle each and
Abu Bilal, Abu Haider, Abu Shakur and Abu Hamad @ Md.
Arif @ Ashfaq came out of Red Fort directing Abu Saad and
Abu Shamal to attack the Army camp inside Red Fort. These
two militants Abu Saad and Abu Shamal entered the camp of
7th Raj Rifles inside Red Fort and fired indiscriminately upon
from the rear side of the Red Fort, where their four associates
inside the Red Fort and killed two Army Jawans. It is further
recovered from the spot and on the basis of that accused Md.
arms and ammunition were also recovered from behind the Red
getting fake ration cards prepared and as such FIR No. 65/01
298. During the course of detailed arguments, he has read over the
(Cr.) 2005.
L.J.143
together ;
(iv) The FIR and entries in the roznamcha have been forged to
even not allowed to enter the Red Fort on the date of incident ;
were not recovered from the spot and were planted there ;
accused Md. Arif @ Ashfaq was not recovered from him at all
have been recovered from behind the Red Fort at his pointing
Red Fort and the incident was the result of a drunken brawl
witnesses ;
India ;
waging of war ;
mind ;
the court ;
charges of conspiracy ;
(xix) Accused Md. Arif @ Ashfaq was not having any mobile
(xx) Accused Md. Arif @ Ashfaq earned the money out of the
(xxi) The joint trial of the eleven accused has caused prejudice
to them.
(xxii) Letter Ex. PW-10/C was got written by the police from
and after torturing the accused and as such they do not inspire
confidence.
(i) Charges u/s 120-B IPC and 121/121-A IPC cannot stand
together ;
(iii) She was arrested illegally and her personal search was not
Yusuf Farukhi in the night and tortured her and her family
member ;
police ;
(ix) The negative of Abu Bilal and Visa form of Pakistan were
(x) Rehmana Yusuf Farukhi was fit for marriage and as such
she did not marry Md. Arif @ Ashfaq for any ulterior motive ;
and,
121/121-A IPC ;
informing the police for letting out his house vide FIR No.
Magistrate, Delhi ;
(vi) Challan has been filed against him belatedly which shows
10. Gaya Yadav & Ors. Vs. State of Bihar & Ors.
(2003) 9 SCC 122
20. Rakesh Kumar & Ors. Vs. State 2004 (72) DRJ
311
counsel, that :-
Government of India ;
Toiba and are associated with Md. Arif @ Ashfaq and his
associates ;
(iii) The facts of the present case do not make out waging of
together ;
conspiracy ;
of law ;
(xi) Wireless set recovered from the accused in Sri Nagar is not
under law ;
(xiii) The joint trial of the eleven accused has caused prejudice
to them.
such the chances of the letter being found in the manner stated
(vi) There are cuttings and overwriting in the seizure memo and
(vii) Accused Babar Mohsin does not know Urdu as such the
unknown to him ;
(viii) The passerby from whom the letter was got read over,
(ix) The contents of letter are innocuous and does not contain
integrity.
SC 441.
submitted that :-
(i) Charges u/s 120-B and Section 121/121-A IPC cannot stand
together ;
(ii) The charges against the present accused are infact u/s
obtained ;
Ashfaq ;
his favour ;
the area ;
(xii) The reports of the handwriting expert Dr. M.A. Ali and
Sh. Ami Lal Daksh are motivated and have been given at the
instance of prosecution ;
(xiv) The driving licence and ration card were not used by the
(xvi) The joint trial of the eleven accused has caused prejudice
to them ;
these ration cards at the request of the office staff while visiting
Okhla and accused Matloob Alam did not tamper with the
2001 Crl.L.J.4215
7. Shaikh Noor Mohamad Shaikh Fazal vs The State
of Maharashtra AIR 1981 SC 297
(i) Accused Mool Chand Sharma was not the Food Inspector of
the area, when the ration card of Md. Arif @ Ashfaq was
prepared ;
(i) That the only allegation against the accused is that he took
this ;
business.
312. The prosecution as well as all the accused have also filed
supplied to each other. Both parties have also read over the
322.Section 25 (1B) (a) and (b) of the Arms Act 1959 provides
as under :-
(1B) “Whoever-
(a) acquires, has in his possession or carries any
firearm or ammunition in contravention of Section
3; or
..............................................................................
..............................................................................
.....shall be punishable with imprisonment for a
term which shall not be less than [one year] but
which may extend to three years and shall also be
liable to fine :
Provided that the Court may for any adequate and
special reasons to be recorded in the judgment
impose a sentence of imprisonment for a term of
less than [one year].”
under :-
under :-
under :-
of all accused.
328. The first submission is whether the charge u/s 120-B IPC is
submitted that when there is a charge u/s 121-A IPC, the charge
stand together.
329. However, I find that this submission is without merit for the
some facts may overlap. Here, the aim and object of the
conspiracy u/s 121-A IPC was to wage war against the Govt. of
India and the purpose of the conspiracy u/s 120-B IPC was to
registered, one u/s 120-B r/w 420/406 IPC, and the second was
registered u/s 120-B IPC r/w 411 IPC and Section 20 of the
Antiquities and Art Treasures Act 1972. In the first case, the
allegations in the second case were that these were exported out
330. Similar point was dealt with by the Hon'ble Supreme Court
observed as under :-
(ii) SANCTIONS :
121/121-A IPC. The second leg of this argument for all the
accused is that Sanctions were granted u/s 196 Cr.P.C., u/s 197
121/121-A IPC ?
as under :-
concerned did not apply their minds to the facts of the case and
mind and as such the sanctions granted are void and illegal.
225.]...................................”
339. In the instant case, PW-167 Sh. G.L. Meena, deposed that
Cr.P.C., and other material was placed before the Hon'ble Lt.
the then Addl. DCP, East Delhi, deposed that he had perused
Sh. G.L. Meena and PW-192 Sh. N.N. Mahrotra. In the cross-
(iii) CONSPIRACY :
various illegal acts like killing those who come in the way of
under :-
347. In the instant case, the following facts are held to have been
number 9810263721.
national.
Five lacs therein and one of the receipt is Ex. PW-173/K for
Army Camp inside Red Fort and killed three Army jawans
accused and from this telephone calls were made to BBC, Sri
(xii) On his pointing out, one AK-56 rifle, two magazines with
26.12.2000 :
University, Delhi :
(xiv) One AK-56 rifle and some live cartridges were recovered
these rifles and these two rifles and the rifle recovered from G-
show that there was a conspiracy to wage war against the Govt.
349. It is next submitted that the facts of the case do not consitute
persons have been killed and this is a very small incident and
is : Whether the act of attacking the Army Camp inside the Red
authority of Mir Hasan Khan Vs. State, AIR 1951 Patna 60,
it is argued that from the facts of the case, it cannot be said that
camp and place i.e. Red Fort situated in the Capital of India.
court and since this procedure has not been followed, the report
admissible.
fulfilled :-
12 and 14 as under :-
Tufail, ld. Defence counsel that the electronic record has not
been proved in the manner laid down under the law. The
officials who produced the record have not certified the copies
computers are being used regularly and the information was fed
chronological order.
record, Hon'ble Delhi High Court in State Vs. Md. Afzal &
366. On perusal of the record, I find that call detail Ex. PW-
from the two mobile companies Airtel and Essar, though exact
words as laid down in the law have not been used by them. I
were in touch with the accused before the incident inside Red
the prosecution and that PW-198 Sh. Rajiv Pandit has not
that call detail does not bear the signature of any official of the
same.
witness u/s 145 of the Evidence Act. 'Any person' within the
376. It has been argued by all the learned defence counsel for all
paragraph 8 that :-
20 as under :-
234 Ins. Roop Lal and other witnesses. However, I may add
join the public persons, but none was willing. However, PW-
202 Sh. N.B. Bardhan and PW-125 Sh. S.K. Chadha, both
officials of CFSL had visited the recovery site and they have
cannot be said that police did not make any effort whatever to
from the police as well as the courts as that may put them into
of NCT of Delhi Vs. Sunil & Anr. 2000 VIII AD(SC) 613,
observations :-
time without any sufficient reason and this shows that they
was named and name of the driving college was also disclosed.
that there is some delay in the arrest of the accused and the
their bank accounts were traced and PW-173 Ins. Ved Parkash
the case and the type of allegations against them. Even if,
accused, that itself does not wipe out the merit of the arrest and
that :-
387. It is next submitted for all the accused that they have been
from the testimony of PW-69 Lady Ct. Sunita that she carried
regard, I would like to quote paragraphs 252 and 253 from the
(supra)” as under :-
Para 253. In AIR 1994 P.C. 73, Prabhu Vs. Emperor, the
Privy Council held that validity of trial and conviction was
not affected by irregularity in arrest. The Supreme Court
followed this in AIR 1955 SC 196, H.N. Rishbud Vs.
State of Delhi, and held that illegality in investigation
cannot result in setting aside the trial unless it can be shown
that it has brought about a miscarriage of justice. In 1974
(2) SCR 704, Pooran Vs. Director of Inspection, the
Supreme Court held that relevant evidence cannot be
excluded merely on the ground that it was obtained illegally
“where the test of admissibility of evidence lies in
relevancy unless there is an express or implied prohibition
in the Constitution or other law, evidence obtained as a
result of illegal search or seizure is not liable to be shut
out.”
authorities did not allow the police to enter the Red Fort. It is
77/A, wherein PCR officials reported back to the PCR that they
were not being allowed to enter the Red Fort. However, this
who had lodged the FIR with the police vide his statement Ex.
PW-189/A, has deposed that he had ordered the gate of the Red
suggestion that civil police was not allowed to enter the Red
police was informed about the incident and Ins. Roop Lal with
no. 19-A, Ex. PW-15/B with PW-54 Ct. Jitender. As far as the
submission that the incident took place when the Army jawans
suggest that the incident occured when the Army jawans fought
Ashfaq.
391. It is also submitted that the FIR has been forged and ante
emphasize the fact that FIR does not bear the signature of the
without merit.
such organization.
Nagar at his residence claiming that the attack on the Red Fort
number at 21.27.30 hrs. This means that the call was made
Delhi office of BBC that the attack on the Army camp inside
e-Toiba.
395. PW-162 Sh. J.S. Chauhan and PW-175 Ct. Suresh have
real name is Ashfaq has been apprehended and Abu Shamal has
Md. Arif @ Ashfaq along with Abu Bilal (since killed), Abu
Haider, Abu Saad, Abu Shamal (since killed) and Abu Shakur,
out inside the Red Fort, whereas accused Abu Suffian, (since
Zaman and Attruddin (all three since P.O.) were also involved
defence counsel.
has deposed that Ashfaq also came to stay in the said house in
the month of May 2000 and he was having a mobile phone with
tenant at the house of PW-20 Nain Singh and was also a friend
phone.
training, proved the register Ex. PW-210/A and the entry Ex.
entry Ex. PW-28/I which was recorded when accused Md. Arif
and got his name and address recorded. This booklet was
445199440940240.
401. Learned defence counsel Sh. R.M. Tufail has submitted that
cannot render the recovery of the mobile set from the accused
different times.
and the money therein was deposited by her, which was given
referred to. Both accused have denied vide question no. 143 in
their statement u/s 313 Cr.P.C, that the aforesaid bank accounts
belong to them.
FIR No. 2/2001. As far as the fact that accused were not
this telephone belongs to them and during the trial of the case
405. As far as the plea that the transactions in the account have not
money from Delhi and the same was transferred to the militants
313 Cr.P.C., at page 153 that one Sardarji in Karol Bagh was
PW-20 Nain Singh, which fact is not borne out of the record.
not have any bank account. This clearly shows that the accused
as before that and in view of the fact that it was recovered from
the accused Md. Arif @ Ashfaq and he was always in use and
Quasid.
Lashkar-e-Toiba.
408. This shows that the three accused are intimately connected,
409. It has also been submitted on behalf of all the accused that
their joint trial has prejudiced all of them as they have been
all the cases and as such the joint trial has rather facilitated the
Arif. First, I shall take the recovery from G-73, Muradi Road.
with PW-229 Ins. Mohan Chand Sharma and his staff with
Since the house was locked, the police party waited there and at
about 5.00 am, a man was seen entering the aforesaid house.
but the door was not opened. The man inside the house, fired
from the above, fired cases, empties and thirty live rounds were
value.
412. Now, I shall deal with the recovery effected from behind
spot and recovered one rifle Ex. PW-125/1, two magazines Ex.
PW-168 Ins. R.S. Bhasin along with staff took the accused to
sealed and deposited in the Mal khana and from there they
in his presence.
417. PW-173 Ins. Ved Parkash has deposed that accused Md. Arif
DW-1 Mrs. Qamar Farukhi has also admitted that Md. Arif @
Chand Sharma and PW-173 Ins. Ved Parkash has deposed that
418. The next submission is that accused did not make the
without merit.
420. I have already held that there was a conspiracy to wage war
all those who resist such action and to forge driving licence and
telephone, calls were made to BBC Sri Nagar and Delhi on the
183/B, which was found near the rear wall of the Red Fort.
the Essar Cell Phone. This has already been proved that Md.
was recovered from him and his keeping a mobile phone has
the accused Md. Arif @ Ashfaq, one AK-56 Rifle, four hand-
Lal had seized AK-56 rifle with magazines and six cartridges
recovered from the scene of crime inside Red Fort were fired
with the crime committed at the Red Fort. Not only this,
from behind the Red Fort and at Vijaya Ghat. Accused Md.
Mukhtar Ahmad has deposed that Jahur Ahmad Qasid and Abu
Qasid was staying at his house and Abu Haider used to visit
him.
and at the rear side of the Red Fort at the time of the incident.
1 to B-3, he has proved that the position of the caller was near
the Red Fort at the time of the incident and calls were made
from this mobile phone to BBC regarding the attack on the Red
G-73, Muradi Road, Okhla, Delhi but he has not been cross-
gone unchallenged.
Whether Md. Arif @ Ashfaq was part of the militants who had
launched the attack at 7th Raj Rifles inside the Red Fort on
carried out the attack along with his other associates including
Abu Haider, Abu Shamal, Abu Bilal, Abu Saad and Abu
Red Fort were fired, has been recovered at his instance from
behind the Red Fort. Other similar type of rifle was recovered
and the cartridges recovered from the scene of crime were also
fired from this rifle. Accused Md. Arif @ Ashfaq has pointed
out his hideout at G-73, Muradi Road, where Abu Shamal was
phone was near, inside and at the rear side of Red Fort before
and after the incident and calls have been proved to have been
426. Not only this the conduct of accused Md. Arif @ Ashfaq
was also strange before the incident. PW-56 Sh. Faisal Mohd.
Khan has deposed that he had invested only Rs. 70,000/- in the
Md. Arif @ Ashfaq had not met him for four-five days. There
shows that the conduct of the accused Md. Arif @ Ashfaq was
remained absent from his business place for such a long period
Md. Arif @ Ashfaq , who had telephoned the Sri Nagar and
Arif @ Ashfaq has given his address as House no. 512, Ward
428. Now, I shall take up the case of Nazir Ahmad Quasid and
against the two are that they used to provide shelter to the
and others at their residence and they along with other accused
India nor waged any such war. It is submitted that for the
is as under :-
430. I have already held that the three accounts account Nos.
Nazir Ahmad Quasid and Farukh Ahmad Quasid and they used
each other, does not show that this transfer was for an
432. Now I shall take up the case of the accused Rehmana Yusuf
for marriage, but accused Md. Arif @ Ashfaq offered her huge
resists his action. Thereafter, Md. Arif @ Ashfaq paid her Rs.
her bank account, was given by her relatives. She was fit for
one cheque book Ex. PW-173/J of SBI Bank, one cash deposit
defence as DW-1. She has also not given the names of any
per report of handwriting expert PW-216 Dr. M.A. Ali and this
Yusuf Farukhi are contrary to the record and have been rejected
reason to a woman who is not even fit for marriage unless one
whereby Md. Arif @ Ashfaq had deposited Rs. Five lacs in the
Nazir Sons must have aroused her suspicion as she must have
things must have made her suspicious to know the reality of her
would-be husband. But she ignored all these things as she was
activities.
164/A i.e. F-17/12, Batla House, Delhi is a false address and its
such harboured him and also concealed his designs from the
public authorities.
439. Now, I shall take up the case of Babar Mohsin Bagwala. The
for accused Babar Mohsin is that letter Ex. PW-10/C was not
been got written by the police when Md. Arif @ Ashfaq was in
fact that the passerby from whom the letter was got read over
are very less. In any case the letter is innocuous and harmless
by stating that police had got two/three letters written from him
Mohsin to him during his stay in Delhi and as such letter is not
a dickey. The fact is that the three witnesses have deposed that
correct that neither the passerby from whom the letter was got
read over nor any public person has been joined in the
correct that, taken by itself, the contents of the letter Ex. PW-
hold that letter Ex. PW-10/C was written by accused Md. Arif
441. The next submission of the learned defence counsel Sh. I.U.
visit the house of accused Sadakat Ali, who resides near his
house.
442. Learned defence counsel Sh. I.U. Khan and Sh. R.M. Tufail
(i) His complaint Ex. PW-57/A is vague and does not mention
police ; and,
which is as under :-
445. The witness claims that he is an illiterate person and got the
it cannot be said that the complaint is vague and the level of the
the house of Sadakat Ali. The witness has identified the two
that these two accused were not named in the complaint or the
and Sadakat Ali together, I do not find any reason to reject his
448. Considering the fact that letter Ex. PW-10/C was written by
Gaffar Nagar, Okhla, Delhi and rented out the same to Md. Arif
was party to the conspiracy with Md. Arif @ Ashfaq and his
450. I have already held that there was conspiracy to wage war
that accused Sadakat Ali was not party to the conspiracy and he
had let out his premises No. 18-C, Gaffur Nagar, Okhla to
does not know accused Babar Mohsin. The accused was not in
the premises was taken on rent by him and not by Md. Arif @
between him and Md. Arif @ Ashfaq , nor had he seen any
indicates that the premises was let out by accused Sadakat Ali
Sadakat Ali also indicate that the premises was let out to Md.
Cr.P.C about his conduct and behaviour after the incident and
the fact that his tenant was involved in the incident. In such a
the police at the very moment, it became known that his tenant
454. I have already held that PW-225 Sh. Md. Ahmad has
Babar Mohsin are known to each other and their meetings can
Sadakat Ali also knew that Md. Arif @ Ashfaq was a Pak
let out his premises no. 18-C, Gaffur Nagar, Okhla, Delhi to
harboured him much before the date and as such the protection
these indicate that she also knew his reality. As such, the three
Government of India.
460. Now the question is : Whether the three accused can be held
guilty u/s 118 IPC without a formal charge ? All the three
accused stand charged u/s 120-B IPC along with other accused.
The contents of charge u/s 120-B IPC are almost same as are
required for Section 118 IPC and the accused are aware of the
formal charge. The essence of the crime u/s 118 IPC consists
“K. Prema S. Rao and Anr. Vs. Yadla Srinivasa Rao and
462. Accused Sadakat Ali also did not inform the authorities
for accused Sadakat Ali that for not informing the police, he
case, the premises let out was A-18, Gaffur Nagar, Okhla but
his case that both the premises are one and same. I,
accordingly, hold that accused did not inform the police about
Government of India.
and paid him Rs. 2,000/- for procuring him a fake driving
Ghaziabad, for this purpose and paid him Rs. 900/- and also
Ashfaq and also paid him Rs. 600/- along with photograph and
those who resist the action of Md. Arif @ Ashfaq and his
it has been submitted by Sh. Anil Aggarwal that they were not
472. PW-181 Sh. Moti Lal has deposed that he had trained
210 Sh. Sushil Malhotra has also deposed that Devender Singh
also deposed that Rajiv Malhotra, his cousin, runs Star Motor
has deposed that Book Ex. PW-28/H was seized from Seven
training from the aforesaid college. PW-216 Dr. M.A. Ali has
given his name and address as Ashfaq Ahmad Khan s/o Akram
Khan r/o A-18, Gaffur Nagar, Okhla, New Delhi, with mobile
no. 9810263721.
473. PW-29 Sh. Naresh Kumar has deposed that Star Motor
Md. Arif @ Ashfaq was issued from their Authority under the
Kumar, PW-72 Sh. Chand Ali, PW-207 Sh. Satish Garg, PW-
215 Sh. Yogesh Tyagi. However, all these witnsses have not
Alam.
and seized some forms Ex. PW-169/A to D-3 from the two
216 Dr. M.A. Ali was also obtained regarding this, who opined
issued from the aforesaid authority and as per PW-52 Sh. Ajit
as per PW-2 Sh. Yashpal Rana and PW-3 Sh. Rajbir Singh both
479. Now the question is : Who forged these two documents i.e.
Learning licence Ex. PW-13/C and the ration card Ex. PW-
could connect any of the accused with this forgery and the only
Md. Arif @ Ashfaq alone as the two were used for his benefit
only.
were recovered.
and used to look after the work of said college. PW-94 Col.
licence and to kill those who resists the action of Md. Arif @
one ?
Sarai Kale Khan Authority and on the basis of ration card Ex.
Motor driving college used to attend the ARTO for the work of
used in the form of Md. Arif @ Ashfaq, has also deposed that
Kumar Trivedi is also not sure as to who tore away the portion
Shahanshah might have torn it, but he is not sure. As such, all
the four officials are not sure about the role of Shahanshah
M.A. Ali has deposed that handwriting on the form of Md. Arif
against them are that accused Matloob Alam used to run a Fair
Price Shop under the name and style of Matloob Store at Okhla
for accused Md. Arif @ Ashfaq that he had obtained the ration
card from office and the same is not forged one. For accused
ration card ?
488. Prosecution has examined PW-7 Sh. S.R. Raghav, Food &
151 Azmat Hussain have deposed that they obtained the ration
Dharamvir Sharma, Food & Supply Officer and PW-7 Sh. S.R.
Raghav have deposed that ration card Exs. PW-203/A and PW-
205/B of B.R. Joshi and Azmat Imam Khan were not issued
forged the ration card after obtaining money from the aforesaid
two persons Sh. B.R. Joshi and Sh. Azmat Imam Khan.
Similarly, PW-216 Dr. M.A. Ali has deposed that ration card
did some cuttings and overwriting in his register after the case.
B.R. Joshi and Sh. Azmat Imam Khan by forging their ration
shop for getting the ration card registered, he told him that he
Alam and Mool Chand Sharma shared and agreed with the
who resisted his action. But it has been clearly established that
cheated Azmat Imam Khan and B.R. Joshi and also committed
who himself figured in the charge sheet, but was not ultimately
and also to kill anyone who came in their way to resist their
also, hold that accused Md. Arif @ Ashfaq along with his co-
items from behind the Red Fort. I also hold that on 01.01.2001,
492. I also hold that prosecution has been successful in proving its
the murder of those who would resist the action of accused Md.
Government of India.
Ahmad Qasid and Farukh Ahmad Qasid guilty u/s 121-A IPC
and u/s 120-B IPC for conspiracy to kill anyone who came in
Qasid and Farukh Ahmad Qasid guilty u/s 121 IPC for waging
499. I also hold accused Md. Arif @ Ashfaq guilty u/s 120-B r/w
22.12.2000.
501. I also hold accused Md. Arif @ Ashfaq guilty u/s 25 of the
502. I also hold accused Md. Arif @ Ashfaq guilty u/s 4 of the
503. I also hold accused Md. Arif @ Ashfaq guilty u/s 14 of the
504. I also hold accused Md. Arif @ Ashfaq guilty u/s 420 IPC
possession.
and Sadakat Ali guilty u/s 216 IPC and Section 118 IPC for
508. I also hold accused Sadakat Ali guilty u/s 188 IPC for not
informing the police about letting out his house 18-C Gaffur
509. I also hold accused Matloob guilty u/s 468 IPC for
510. I also hold accused Matloob Alam guilty u/s 420 IPC for
cheating Sh. B.R. Joshi and Azmat Imam Khan and also u/s
Farukhi, Sadakat Ali and Matloob of the charges u/s 120-B IPC
Government of India.
514. I also acquit accused Nazir Ahmad Qasid and Farukh Ahmad
Their bail bonds are cancelled and sureties are discharged and
Mool Chand Sharma are also cancelled and their sureties are
discharged.
ORDER ON SENTENCE :-
31.10.2005
Pr.: Sh. Bakshish Singh, Ld. Spl. PP for the State with
IO Ins. Surender Sund.
Convicts Md. Arif @ Ashfaq @ Abu Hamad , Nazir
Ahmad Quasid, Farukh Ahmad Quasid, Rehmana Yusuf
Farukhi, Sadakat Ali, Babbar Mohsin and Matloob Alam in
judicial custody, with Sh. R.M. Tufail, Sh. Aman Lekhi, Sh. S.A.
Hasmi and Sh. Anil Aggarwal, Advocates.
various offences for the incident, which took place inside Red
u/s 120-B IPC for conspiracy to kill anyone who came in their
Ahmad Qasid have also been convicted u/s 121 IPC for
(iii) Md. Arif @ Ashfaq has also been convicted u/s 120-B
r/w 302 IPC for committing the murder of Naik Ashok Kumar,
22.12.2000.
(v) Md. Arif @ Ashfaq has also been convicted u/s 25 of Arms
(vi) Md. Arif @ Ashfaq has also been convicted u/s 4 of the
(vii) Md. Arif @ Ashfaq has also been convicted u/s 14 of the
(viii) Md. Arif @ Ashfaq has also been convicted u/s 420 IPC
(ix) Md. Arif @ Ashfaq has also been convicted u/s 468/471/
possession.
have been convicted u/s 216 IPC and Section 118 IPC for
(xii) Sadakat Ali has also been convicted u/s 188 IPC for not
informing the police about letting out his house 18-C Gaffur
(xiii) Matloob Alam has been convicted u/s 468 IPC for
(xiv) Matloob Alam has also been convicted u/s 420 IPC for
cheating Sh. B.R. Joshi and Azmat Imam Khan and also u/s
Ahmad Quasid and Farukh Ahmad Quasid along with their co-
submitted that this makes out the instant case to be the rarest of
the rare type and as such death penalty may be awarded to the
three convicts.
for Md. Arif @ Ashfaq @ Abu Hamad has submitted that his
case does not fall within the category of the rarest of the rare
instant case.
Tufail, ld. defence counsel, that she has suffered about five
on probation.
this is not a case of the rarest of the rare type. As such death
penalty may not be awarded to the them in this case and plea of
years. He is the only son of his parents. He has also faced trial
taken.
authorities :-
observed that :
15. Rule 1, Chapter 19, Volume III of Delhi High Court Rules
16. The gist of the law referred to above is that sentence should
illegally and reached Delhi and set up bases at (i) 18-C, Gaffur
Nagar, New Delhi, (ii) G-73, Muradi Road, Delhi and (iii)
file.
about the attack in most foul language i.e. “Do Dane Dal Diye
Hai”, and got arms and ammunition and his base at G-73,
Hamad is concerned.
file, which could make out their case as that of the rarest of rare
type.
two are not far behind. In fact no plea has been made before
the law for any offence is intended for the gravest of its kind
SENTENCE:
death alongwith fine of Rs. One Lakh in default three (3) years
(5) years U/s 302 R/w sec. 120-B IPC, subject to confirmation
Thousand only) in default one (1) year RI U/s 121-A IPC for
only) in default one (1) month RI U/s 186 IPC for obstructing
only) in default one (1) year RI U/s 353 IPC for assaulting
Act.
only) in default one (1) year RI U/s 420 IPC, for cheating
only) in default one (1) year RI U/s 468 IPC, for committing
only) in default one (1) year RI U/s 471 IPC for using forged
capacity.
only) in default one (1) year RI U/s 474 IPC, for keeping
216 IPC for sheltering Mohd. Arif @ Asfaq before and after
the incident.
only) in default one (1) year RI U/s 118 IPC, as the offences
U/s 121 IPC for waging war against the Government of India.
Twenty Five Thousand only) each in default RI for one (1) year
Government of India.
only) each in default one (1) year RI U/s 120-B read with sec.
109 IPC for conspiracy to murder all those who came in their
killed.
216 IPC. The plea of Ld. Defence counsel that sheltering was
Thousand only) in default one (1) year RI U/s 118 IPC, as the
Thousand only) in default one (1) year RI U/s 468 IPC for
identity.
Thousand only) in default one (1) year RI U/s 420 IPC for
Thousand only) in default one (1) year RI U/s 468 IPC for
Thousand only) in default one (1) year RI U/s 216 IPC for
Thousand only) in default one (1) year RI U/s 118 IPC as the
only) in default one (1) month RI U/s 188 IPC for letting out
Mohd. Arif @ Asfaq without informing the police and this act
Court of Delhi.
39. As per provisions of Section 363 (4) Cr.P.C., the Md. Arif @
herein above.
41. All convicts are in custody to serve out the sentence awarded
to them.
Sharma, Satpal Singh and others during trial of the case. I also
44.I also note with satisfaction that all eleven accused were very
note of.