Special TADA Court, Jammu, on Saturday ordered framing of charges against Yasin Malik and others in the killing of four IAF personnel in January 1990. Charges will be framed on Monday and will be sent to Tihar Jail where Yasin Malik is at present under NIA Custody.
Yasin Malik & Shoukat Bakshi were produced through video conferencing from the jail while three other accused Manzoor Ahmed Sofi, Javed Ahmed Zarger and Ali Mohd Mir were presented before the court. Court had earlier given an exemption to Nana Ji alias Saleem, Javed Ahmed Mir after an application was filed from their side.
The investigation by the CBI revealed that Shoukat Ahmad Bakshi, twice visited Pakistan firstly in the month of April-May 1989 and secondly in the month of September-October 1989 and met Aman Ullah Khan and hatched a criminal conspiracy to attack the security forces including Air Force officials, stationed at Srinagar. This was done in a bid to create terror among security forces and in the mind of the general public and to destabilise the Government of India, established by law. On his return back, Shoukat Ahmad Bakshi further entered into a criminal conspiracy with Yasin Malik, Javed Ahmad Mir alias Nalka, Mushtaq Ahmed lone and Nana Ji alias Saleem.
“Non-conducting of test identification parade of accuse Yasin Malik, Javed Ahmed Mir alias Nalka and Nana Ji alias Saleem loses its importance, in the existence of sufficient other evidence available in the CBI charge sheet in the shape of confessional statements of the co-accused and statements of the prosecution witnesses as recorded in terms of section 161 of code of criminal procedure.
In other words, their complicity in the crime, in the present matter, can prima facie, be worked out, from the evidence available on the CBI charge sheet. Another argument of the defense as to non-compliance of the guidelines as given by The Lordship of Honorable Apex Court of the country in Judgment AIR 2005 SC-1075 is not attracted in the present matter as there was no occasion with the CBI to follow those guidelines as the matter was investigated in the year 1990. I am unhesitant to hold here that on viewing the note about the recording of satisfaction by the CBI officer, while the recording of the confessional statement of the accused namely Manzoor Ahmed Sofi alias Mustafa and Mushtaq Ahmed lone, there is sufficient compliance of provisions of section 15 of TADA Act,” the copy of order reads.
“In view of the matter I am of the certain view that sufficient grounds are existing for drawing presumption that the accused namely Yasin Malik, Ali Mohammad Mir, Manzoor Ahmad Sofi alias Mustafa, Javeed Ahmad Mir alias Nalka, Nana Ji alias Salim, Javed Ahmad Zargar and Shaukat Ahmad Bakshi, prima facie, have committed Offences under section 302, 307 RPC, Section 3 (3) and section 4(1) of TADA Act, 1987 and section 7/27 of Arms Act 1959 r/w Section 120-B of RPC. Hence charges are to be framed against, each of them, separately, for the afore delineated offences. Adjourned accordingly,” the order added.