Considering this testimony and the catena of evidence submitted by the prosecution, the court found that the fact that the five men traveled to Kashmir after being indoctrinated was sufficiently established. What was left to consider was the role of the conspirators.
The judgment pointed out that criminal conspiracy, being hatched in private, would have little direct evidence.
The court viewed the case in the context of the Indian Evidence Act.
“The opening words in Section 10 of the Evidence Act, of there being a ‘reasonable ground to believe’, that two or more persons having conspired together to commit an offence or an actionable wrong, is the incantation, that opens up the flood gates against the conspirators, literally drowning them in such ‘relevant facts’ proved in trial regarding anything done, said or written by any of the conspirators with reference to the common intention“, the Court stated.
In the instant, the Court concluded that all the appellants, except 3, had conspired to radicalise and recruit Muslim youth to wage war against India.
Further, the Court stated that there was ample evidence to indicate recruitment of men who were to be trained in arms and ammunition for the sole purpose of waging war against India, for assumed illegalities perpetrated on a community.
Therefore, all the appellants, except 3, were convicted for the offences under Sections 120B and 122 IPC and sentenced them to life imprisonment on each of the chanrges.
Nazeer was also convicted and sentenced to life imprisonment under Section 124A IPC.
“The venom he spewed in the Thareeqath classes on assumed harassment perpetrated on Muslims, despite the sober chiding of PW1, makes him the prime mover in the conspiracy“, the Court said in its judgment.
Three of the 13 appellants were acquitted by the High Court based on lack of evidence to tie them to the conspiracy or any of the illegal acts that followed.
Source: Barandbench
