NATIONAL INVESTIGATION AGENCY MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA

18 Pages·2016·0.39 MB·English

NATIONAL INVESTIGATION AGENCY
MINISTRY OF HOME AFFAIRS,
GOVERNMENT OF INDIA

CHARGE SHEET
(U/s 173 Cr. P.C)

IN THE HON’BLE SPECIAL COURT CONSTITUTED UNDER
NIA ACT 2008

AT MUMBAI

1. Name of the Branch : National Investigation Agency, Mumbai
FIR No. : CR No. 24/2015 dated 30.12.2015 of ATS, Mumbai
(Re-numbered as RC-02/2016/NIA/MUM
dated 18.03.2016)
Year : 2015
Date & Time : Between January, 2015 to December, 2015

2. Final Report/Charge Sheet No. :

3. Date : 18/07/2016

4. Sections of Law : Section 120-B Indian Penal Code read with
Sections 18, 20, 38, 39 of Unlawful Activities
(Prevention) Act, 1967 as amended.
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5. Type of Final Report : Charge-Sheet

6. If Final Report un-occurred-False/ : Not Applicable
Mistake of fact/ Mistake of law/
Non Cognizable / Civil Nature

7. If charge sheeted: Original/ : Original
Supplementary

8. Name of Investigating Officer : (i) Shri I. S. Bisht, Dy. SP, NIA, Mumbai.

9. Name of the Complainant/Informant: (i) Shri Satish Mayekar, PI, ATS, Mumbai

10. Details of properties/ Articles/ : As per the list enclosed in Annexure
Documents recovered/ seized “A”, “B” and “C”
during Investigation and relied
upon

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11. (1) Particulars of accused person against whom present charge sheet is being filed :

Name of accused : RIZWAN AHMED @ KHALID @ AZAD (A-1)
Whether verified : Yes
Father’s Name : NIZAMUDDIN ALI MOHAMMED ALI
Year/Date of Birth : 20 years/ 19.05.1996
Sex : Male
Nationality : Indian
Religion : Muslim/ Islam
Occupation : Student
Address (Present) : Present Address :
Village- Badi Sayya, Kasaya City, Tamkoi Road,
Kasaya,Tq Kushinagar, Dist Kushinagar, UP.
Permanent Address :
Sisvamatiya, Post. Parsauna, Tal. Padrauna,
Kasaya Police Station, Dist. Kushinagar, UP.
[Falling under the Jurisdiction of Kasaya Police
Station, District : Kushi Nagar, Uttar Pradesh ]

Date of Arrest : 22.01.2016.

Date of release on bail : Presently in Judicial Custody.

Under Acts and Sections : 120-B Indian Penal Code read with 18, 20, 38 &
(of Charge-sheet) 39 of Unlawful Activities (Prevention) Act, 1967.
Names of sureties and address : Not Applicable.
Status of accused : Arrested

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(2) Particulars of accused person against whom present charge sheet is being filed :

Name of accused : MOHSIN IBRAHIM SAYYED (A-2)
Whether verified : Yes
Father’s Name : IBRAHIM ALLAHBAKSH SAYYED
Year/Date of Birth : 27 years/ 19.10.1988
Sex : Male
Nationality : Indian
Religion : Muslim/ Islam
Occupation : Self Employed (Auto Rickshaw Driver)
Address (Present) : Present Address :
D-8, Sai-Krupa Society, No. 43, Mhada Gate No. 8,
Malwani, Malad (W) Mumbai – 400 095.
Permanent Address :
D-8, Sai-Krupa Society, No. 43, Mhada Gate No. 8,
Malwani, Malad (W) Mumbai – 400 095.
[ Falling under the Jurisdiction of Malwani Police
Station, Malad (West), Mumbai ]

Date of Arrest : 15.06.2016.

Date of release on bail : Presently in Judicial Custody.

Under Acts and Sections : 120-B Indian Penal Code read with 18, 20, 38 &
(of Charge-sheet) 39 of Unlawful Activities (Prevention) Act, 1967.

Names of sureties and address : Not Applicable.
Status of accused : Arrested

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(3) Particulars of accused person against whom present charge sheet is being filed :
Name of accused : AYAZ MOHAMMED @ AYAZ MOHAMMED
SULTAN (A-3/WA-1)
Whether verified : Yes
Father’s Name : MOHAMMED SULTAN
Year/Date of Birth : 24 years/ 19.05.1992
Sex : Male
Nationality : Indian
Religion : Muslim/ Islam
Occupation : Presently unemployed
Address (Present) : Present Address :
Room No. 591, Chawl No. 74, Near AC Masjid,
Gate No. 8, Malwani, Malad (W),
Mumbai- 400095.
[ Falling under the Jurisdiction of Malwani Police
Station, Malad (West), Mumbai ]
Permanent Address :
236, 1882 Motilal Nagar No 1 Road No 4
Goregaon, Mumbai - 400104
[ Falling under the Jurisdiction of Goregaon Police
Station, Mumbai ]

Date of Arrest : Not Applicable.
Date of release on bail : Not Applicable.
Under Acts and Sections : 120-B Indian Penal Code read with 18, 20, 38 &
(of Charge-sheet) 39 of Unlawful Activities (Prevention) Act, 1967.
Names of sureties and address : Not Applicable.
Status of accused : Wanted (WA-1).

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(4) Particulars of accused person against whom present charge sheet is being filed:
Name of accused : YUSUF AL HINDI @ YUSUF @ SHAFI
ARMAR @ SHAIKH (A-4/ WA-2)
Whether verified : Not Verified
Father’s Name : HUSSAIN SHABEER ARMAR
Year/Date of Birth : Not Verified
Sex : Male
Nationality : Indian
Religion : Muslim/ Islam
Occupation : Not Known
Address (Present) : Present Address :
SRS 351, Haneefabad 1st Cross, Madeena Colony,
Bhatkal, District Uttarakannada.
(Previous address) Hazi Manzil, Nawayath Colony,
Bhatkal, Karnataka

Date of Arrest : Not Applicable.

Date of release on bail : Not Applicable.

Under Acts and Sections : 120-B Indian Penal Code read with 18, 20, 38 &
(of Charge-sheet) 39 of Unlawful Activities (Prevention) Act, 1967.

Names of sureties and address : Not Applicable.

Status of accused : Wanted (WA-2).

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12. (1) Particulars of accused person against whom present charge-sheet is not being filed
(Wanted Accused)
Name of accused : UNKNOWN PERSON USING ONLINE ID
“CHENNAIEXP”

Whether verified : Identity Not Established.
Father’s Name : Not Known
Year/Date of Birth : Not Known
Sex : Male
Nationality : Not Known
Religion : Not Known
Occupation : Not Known
Address (Present) : Not Known

Date of Arrest : Not Applicable.

Date of release on bail : Not Applicable.

Under Acts and Sections : Not Applicable.
(of Charge-sheet)

Names of sureties and address : Not Applicable.

Status of accused : Wanted.
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13. (i) Particulars of witnesses examined : As per Annexure A
(ii) List of Documents : As per Annexure B
(iii) List of articles : As per Annexure C

14. If FIR is false, action taken : Not applicable

15. Result of laboratory analysis : As per Annexure “B” and “C” mentioned
above.

16. Brief Facts of the Case :
16.1 (i) A Crime Number 24/2015 was registered on 30.12.2015 u/s 10, 13, 18, 38 & 39 of Unlawful
Activities (Prevention) Act 1967 by the Anti-Terrorism Squad (ATS), Kalachowki Police Station,
Mumbai against one Ayaz Mohammed Sultan and other unknown persons about the acts by certain
unknown persons to instigate Ayaz Mohammed Sultan and other youths to join Islamic State of Iraq and
Syria (ISIS) and support the ISIS in its terrorist acts and waging of war against the nations at peace with
India.
Source information of ATS, Mumbai disclosed that some youths from Malwani, Malad (W) locality had
left home to join the proscribed international terrorist organisation ISIS (Islamic State of Iraq and Syria)
for jihad. Enquiry by ATS, Mumbai revealed that four Muslim youths namely (1) Ayaz Mohammed @
Ayaz Mohammed Sultan (A-3/WA-1); (2) Mohsin Ibrahim Sayyed (A-2); (3) Abdul Wajid Bashir
Shaikh and (4) Noor Mohammed Ahmed Shaikh were missing. Their family members had filed the
missing reports in Malwani Police Station, Mumbai.
(ii) It is revealed that accused Ayaz Mohammed Sultan @ Ayaz Mohammed (A-3/WA-1) had left
home on the pretext of searching for a job at Pune on 30.10.2015 but did not return. Accused Mohsin
Ibrahim Sayyed (A-2) had left home on the pretext of attending friend’s wedding on 15.12.2015 but did
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not return. Further, Abdul Wajid had left home on the pretext of preparing Aadhaar Card on 15.12.2015
and he also did not return. Noor Mohammed had left home on the pretext of offering namaz on
15.12.2015 but did not return.
During the course of enquiry by the ATS, Mumbai, out of the four missing youths, Abdul Wajid was
traced by the Pune ATS Unit from Pune while he was on his way back home from Chennai. On the
other hand, Noor Mohammed had returned to his residence from Chennai. They both were handed over
to their relatives after preliminary enquiries by ATS, Mumbai.
16.2 As per the allegations in the FIR, the four missing persons were followers of Ahle-haddis Sect
and visited the Ahle-haddis masjid viz. Mohammedi Masjid and Masjid-e-Hamja at Malwani, Malad
(W) to offer Namaz. Behavioural changes were noticed in these youths who rarely used to converse
with their family members. They took keen interest in the news related to ISIS, and held discussion on
the activities of ISIS. It is also revealed that the accused, Ayaz Mohammed, (A-3/WA-1) had organised
the Ramzan Eid Namaz at his residence one day prior to regular Ramzan Eid, as was celebrated in Saudi
Arabia which was attended by some of his close associates and friends who were deeply influenced by
ISIS ideology.

16.3 Subsequently, in pursuance of the Order no. 11011/51/2014/IS-IV dated 15.03.2016 of the
Ministry of Home Affairs (MHA), Govt. of India, the NIA, BO Mumbai took up the investigation of the
case by re-registering/re-numbering the case as RC-02/2016/NIA/Mum on 18.03.2016.

17. Facts Disclosed During Investigation :
17.1 During the course of investigation, it is revealed that the accused Ayaz Mohammed (A-3/WA-1)
entered into a criminal conspiracy with Mohsin Ibrahim Sayyed (A-2) and his handler Yusuf Al Hindi
@ Yusuf @ Shafi Armar @ Shaikh (A-4/ WA-2) during the period between January, 2015 to December,
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2015 in propagating the Jihadi activities of ISIS with the common objective and intention to join ISIS, a
banned International Terrorist Organization and participate in its terrorist act.
17.2 It is further revealed that in pursuance of the conspiracy hatched by the handler Yusuf Al Hindi
(A-4/WA-2), the accused Rizwan Ahmed (A-1) and the accused Mohsin Ibrahim Sayyed (A-2) were
making efforts to influence and instigate the Muslim youths from Malwani area, Malad (W), Mumbai to
become fidayeen for the cause of Islam or to leave for hijarat with the ultimate objective of motivating
them to join ISIS. The accused Rizwan Ahmed (A-1) had also professed himself to be associated with
the terrorist organisation like SIMI, Indian Mujahidin and Ansar-ut-Tauheed (AuT) alongwith his
handler Yusuf Al Hindi (A-4/WA-2).
17.3 On 15th August, 2014, the United Nation Security Council Resolution 2170 (2014) had
unanimously declared the Islamic States of Iraq & Syria (ISIS) also known as Islamic States of Iraq &
Levant (ISIL) or Islamic State (IS) or Islamic Caliphate (IC) as terrorist organisation and condemned the
‘Recruitment of Foreign Terrorist Fighters and Terrorist Financing’. The said resolution is binding
upon all the member states which state that they should take all measures to prevent the movement of
terrorists, as well as their supply of arms and financial support. ISIS is proscribed terrorist organisation
as per provision of UA(P) Act which is listed at serial number 38 of the first schedule of the said Act.
17.4 Investigation has revealed that the initial journey of Ayaz Mohammed (A-3/WA-1) towards
radicalisation was started in or around 2013, when he had joined a 40 days Jamaat and since then got
attracted towards Ahle-hadis ideology and started following it. He was originally residing at Goregaon
with his family members. Later on his family moved to Malwani area of Malad (W), Mumbai sometine
in March-April, 2014. After the declaration of the Caliphate by Abu Bakr al-Baghdadi in June, 2014,
during the period between late 2014 and early 2015, the accused, Ayaz Mohammed (A-3/WA-1) got
motivated by ISIS ideology through his online handler Yusuf Al Hindi (A-4/WA-2), a propagator and
recruiter of ISIS. He was monitoring the development of the ISIS activities on social media platforms
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