SRINAGAR: Special Judge NIA Srinagar Manjeet Singh Manhas has awarded nine years of rigorous imprisonment to Pakistani militant Mohammad Zubair Illahi alias Talha.
However, the court acquitted Bashir Ahmad Mir, son of Mir Zaman Mir of Uri, Syed Mukhtar Hussain Shah, son of Syed Mohd Hussain Shah of Bemina and Pradeep Singh, son of Bopinder Singh of Baramulla as the prosecution has failed to bring home the guilt and prove the charges beyond any shadow of a doubt.
While convicting Pakistani militant, the court observed, “it has been proved by the prosecution beyond any shadow of a doubt that he is a resident of Multan, Pakistan and has crossed/entered in Indian territory illegally and without any valid documents, as such, is held guilty for the commission of offence U/s 14-A, (b) Foreigners Act, 1946”.
“Secondly, it has also not been established that accused has entered in the territory of Union of India not on any tourist visa or to perform any religious obligations. But it has been proved that he had entered/crossed in the territory of Union of India with intention, aim and motive to commit unlawful activities,” the court said, adding “accused is hereby held guilty U/s 13-B of UAP Act, 1967 and awarded sentenced to rigorous imprisonment for a period of five years for the commission of offence U/s 14-A, (b) of Foreigners Act, 1946 , & a fine of Rs.10000”.
“The accused is further sentenced to rigorous imprisonment for a period of four years for the commission of offence U/s 13-B of UA P Act & a fine of Rs.5000. In default of payment of fine the accused shall undergo further imprisonment for a period of three months”, the court said, adding “in view of the aggravating and mitigating circumstances both the sentences shall run consecutively. The period of imprisonment already undergone shall be set-off against the sentence imposed”.
The court directed the Government to make arrangement for the deportation of the accused to his native country after the completion of the period of sentence, provided he is not required in any other offence/case/FIR.