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U/S 173 CRPC in RC No 04/2016/Nia/Mumbai (Nagpada Isis Case)
U/S 173 CRPC in RC No 04/2016/Nia/Mumbai (Nagpada Isis Case)
U/S 173 CRPC in RC No 04/2016/Nia/Mumbai (Nagpada Isis Case)
IN
RC NO 04/2016/NIA/MUMBAI
~ _ANNEXURE-7D—
CHARGE SHEET _
RE 173 Cr.p. c
Page 1 of 13
2. Final Report/Charge Sheet No.
3. Date
4. Sections of Law Section 13, 18, 38 and 39 of Unlawful
Activity (Prevention) Act 1967.
cs E. Type of Final Report HE 1. Chargé sheet
6. if Final Report u ur, -oceurred-False/- Not Applicable a
Mistak ke of fact/ Mistake of law/
Non Cognizable / Civil Nature
7. 0H charge rges ected: Original ‘Original
; A oly » rr %k 5
8. Name of Inve gat ting Officer Cg) ; CY
= i = D-1(Spl), Dete ion Crime Branch, i
D.LD., Mumbai,
it) |
NIA, Branch office Mumbai.
9: Name ! of Hi the : £1
i Comblainant/Ipformant 0% 51 | end pa Station CR. no. 27/2016
ed 06.08: 016 which - was then
transferred to Crime Branch: Mumbai ond
=” fumbered as 59/2016)
10. Details oft Erste Articles] As per the list enclosed, in Annexures
Documents recovered/. seized’ La oF
during Investigation and re
upon
Page 2 of 14
11.
Name of accused
Whether verified
Father's Name
Year/Date of Birth
Sex
Nationality:
“Address (Permanent)
‘Date of Arrest
iz
Yes
21/12/1870
Male
Indian
Muslim
Private Service
In Judicial-Custody'
(2) Particulars of accused person against whom present-charge sheet is being filed
Name of accused
Whether verified
Father's Name
¥Year/Date of Birth
Nationality
Religion
Occupation §
Address (Present)
Address {Perimanent)
Date of Arrest
Under Acts and Sections (of
Chargesheet)
Ww
Lud
41)
=
»
[=]
2]
a
©
&
[my
wh
[3
Oo
EE s.-: on Kozhikode on
30.04:2012]
Yes
05/12/1286
Male
Wanted Accused.
| person against whom present charge sheets not being
1)
indian
“Religion ar Muslim
Occupation oes Maulavi
Address (Permanent).
Date of Arrest
Cha rgesheet) : : : |
Chargesheet is not filed against this accused at this stage and further
investigation
- b-4 oF *
Ll and
riiea
Address (Present)
Address (Permanent)
Chargesheet)
Names of sureties and address NA
Status of accused ~ In Judicial Custody,
Chargesheet is not filed against this accused at this stage and further
investigation
about p missing of QED Sh>s va, her husbarid Ashfak and their daufshter Ayéshs, As
per the complaint, Shamsiya and her husband left home on 25th May, 2016 Stating
that
they visre going to sii aa, They were es touch with family fill 15th June, 2016
and.
informe that they would return hoe for Rarfadan Ei d. However, Tie. was ] contact
E the complaint.
iM) : in and around sar tine, families, of other missing youths {Fro m Keral a also
lodged:
complains ‘with Chiaridera pojcd Shatin of of las Dist; and: Palakkad South Police
Station and Palakkad Cusba Molice Station o of Palakkad Dist. twas later revealed
that these
youths hd left the country toi livesin an mic State’ or "Dar- Uk Islan Wwhate they
were
permitted to live According to true Haig way of life. All these youths: were in
touch with
each other and had left the country for Is CHntraled terres in Afghinistan.
against Maulana Haneefa, Abdual Rashid, Arshi Qureshi and Rizwan Khan alle eging
therein
that they entered into a criminal conspiracy in furtherance of which Ahsfak Majeed
was
indoctrinated and recruited to the terrorist organization Islamic State and was
missing along
with his wife Shamsiya Kuriya and his daughter Ayesha from their native place at
Kasargod
in Kerala. Consequently, the present Crime No. 271/2016 was registered at Nagapada
Police
Station, Mumbai on 06/08/2016 i/s10,13, &.38 of UA(P) Act; 1967 r/w section 120B of
IPC.
ii) The Central Government having regard to the facts and gravity of the said
offence
and in exercise of the powers conferred under sub section (5) of Section 6 read
with Section
8 of the NLA Act 2008, sumotu directed the National Investigation Agency to take up
the
investigation of the case vide'an order No. 1101 1/26/2016-15.1V dated 15/03/2015
QED
Gr Secretary to the Government of India, Ministry of Home Affairs (1 (Internal
Seburity; | Divisign]) New Dethi. Pursuant to the said order, the N. IA re- -
numbered the case
17.2. Ashfak came in contact with Arshi Qureshi (A-2) while he was in Mumbai.
Ashfak
used to give reference of Arshi Qureshi to youths from, his Vilage : as the
authority on
islam and a guide to follow true islam. He also used to give reference of Sunday
meetings held at Islamic Research Foundation (IRF) at Dongri Mumbai to young
people from his village. Soon Ashfak came under the influence of Arshi Qureshi (A-
2).
Ashfak, Shihas, Hafesudheen, Bestin @ Yahiya, his wife Merrin @ Mar riyam, Bexen @
Isa used to visit IRF office at Dongri, Mumbai as well as residence of Arshi
Qureshi at
17.
jy
N
~N
2015,
6.
ito work i in Mu
used to lead the five times prayers, take Quran classes for ladies every Wednesday
afternoon and was also the Head Master of the attached Madarsa. Many youngsters
started going tof osque as Maulana Haneefa (A-1) was a good orator
and his lectures on Islam and: Quiran in ‘particular were impressive. Ashfak and
the
Dr. ljas, cousin brother of ‘Ashfak from China in the year 2012 and after Ashfak
Haneefa (A-1). Ashfak became more and more radical and extremist. He started
y following Islam in its orthodox and dkeramely cons ervative mariner. He later r
refused
bai as he was not able to. follow Islam in pure form while managing
that in August 2014, he had married Ayesha ) Sonia Sebastian, whom he met t digs
5M rwan joined - at
During the. investigation it has pin tevilled that, Abdul Rashid Abélulla; (WA. 1)
and
Shihas lised to talk against democracy. They als supported Charlie Hebido attack in
France or Abdu Rashid Abdulla (WA-1) was arguing in support of it. Abdul Rashid
Abdulla (WA- 1) started speaking ‘about leaving. india to migrate to Syria to stay
in
Dar-ul-Islam and support pro=Isis activities: They were e also justifying ISIS as
Khalifa of
all Muslims and expressed views that all Muslims should give Bayah (oath of
allegience) to Khalifa. Abdul Rashid used to say that, he can’t stay here. They
should
do Hijrah and migrate to Khilafat.
Investigation has revealed that, Abdul Rashid Abdulla (WA-1) used to take classes
for
Page 8 of 13
17.8.
GED - ©: dane village, Kasargod District and had invited others as well
to join the cause. In these classes, Abdul Rashid Abdulla (WA-1) took lectures on
Jihad as well as ISIS ideologies. The videos propagating ISIS ideology and violence
were shown to the members.
Abdul Rashid Abdulla (WA-1) also organized itikaf (islamic practice of staying in a
mosque during Ramzan) at: Adikiya Salafi Mosque, Padne for 10 days during
Ramadan of 2015, where Maulana: Haneefs (A Of took \ggtures on Quran and
importance ao Ramadan, During kat, along with Haneefa (A -1), Abdul Rashid
Abdulla (WA: 1) and OE took some ‘classes! Abdul |:Rashid Abdulla
(wa: 1), Dr. las, Shi ihas, Bestin @ Yahiya, Bexen @ Isa, Ashfaic Manzad, ‘Marwan,
i Firoz Khan:and CE <d-d. the Itikaf for the: complete 10 days. This
17.9.
| CED =
{10d days brought the group closer, On. 18.07.2015 on the day of
camping togeth
Ramadan Fid
dulla (WA-1) also took initiative for collective ring for the ¢ group .
‘Abdul Rashid
on a piece of
; Islamic way of life, At this farm, after the lie work, the group used to read
religious books, offer Reaver, discuss on debated topics like views on Islamic
world, .
“views on ISIS ideology, Videos released by ISIS containing mass killing, speeches
| by
Muslim scholars frat How: i285 is on right path. Abdul Rashid Abdul Ha (WA: Al used
to
© topics of famous’ books of renowned scholars like Ibn Thaimiyyah etc. “They all:
used
17.10.
to. discuss. that, India’ is: not a Dar- ul em (land, ‘where Sharia: law is
established)
India is Dar- ul- Kifra, Jmeans a of Kafirs, To bea a good Muslim & to follow the
best
practices" of the religion, one should | live in Dar-ul- Islam. The conspiracy to
leave
India and migrate to Dar: ul- Islam began’ ‘during, this: period,’ as the group
believed
that India was the land of Kafirs where Shariya'l aw Is not followed. Rashid was in
touch with people from ISIS and used Darknet/Tor browsers to communicate with
them.
Investigation has revealed that, one of the missing youths, Bestin @ Yahiya is
originally from a catholic family of Kerala. Merrin Jacab @ Mariyam, who was the
childhood friend of Bestin and later married him, joined (QD vorbai
Page i0 of 13
SR
after completion of her BA, in May 2014. ‘Bestin @ Yahiya was also staying there
tried to influence ‘Abin and tried to convert him to Islam but he refused and
returned
rT these meetings Arshi Qureshi ( A-2 ) told (EEE that the whole
after August, 2014. During this period both Bestin @ Yahiya and Merrin @ Mariyam
came in contact with Arshi Qureshi {A-2). They used to visit Islamic Research
Foundation (IRF) office at Dongri and also at his residence in a
Due to Arshi’s influences both Bestin @ Yahiya and Merrin @ Mariyam converted
themselves to Islam =D Mumbai with the help of Rizwan Khan (A-3)
12.09, 2014 ‘wherein Rizwan Khan {A-3} has signed as “Wali? (guardian) of Mariyam.
Mumbai and stayed at her rented house at Malad for a month; During his stay he
was taken.to IRF office, Dongri, Mumbai and at the residence of Arshi Qureshi (A- -
2)
by Hestin @ Yahiya and Merrin @ Mariyam. Arshi Qureshi (A- 2) and Bestin @ Yahi va
4 changa ge. A Arshi Qureshi {A-2} had also told that Non: belivers of Is am would
bring Anti
Christ (Daijal) {one who brings end of the world). So he stated that it was: upon -
Muslim world to ‘eradicate the non- believes ie kill or revert them to Ista before
- i¥stoo late.
. Investigation has established that, Arshi Qureshi Irs 2) w was using his official
position
“in IRF to influence people fom other religions ive) embrace’ Islam. He used: to
sele ctively. pick practices shi rittals of other walg. to. compare wit h Islam and
during this process used. to motivate: tim for Hijrah. He used: to tell all
revertees
that Hijrat is duty of every Muslim. Prophet Mohd, Paigamber had also shifted from
Mecca to: viedina 50 vou should also change and leave your, home: These teachings
influenced Ashfak Bestin @ Yahiya and Merrin @ Mariam to leave their homes and
later join ISIS. Arshi Qureshi: (A- 2). was. also ‘conservative and radical towards
following Islam in its purest form. Due to extremist philosophy and insistence to
follow Islam in its purist form, Arshi Qureshi (A-2) used to get involved in
altercation
with people.
Page 11 of 13
17.13. Investigation has revealed th REI Tn a WhatsApp group
Murshid, Hafizuddin, Marwan, Bestin @ Yahiya, Bexen @ Isa, Manzad, and other
Hs CE m—N—
messages recorded in his own voice regarding tea hings of Prophet Mohammad in
group w
er-found missing
and allegedly joined ISIL.
17.34 Avestigation has. revealed that Bei @ Isa, elder brother of Bestin @ Yahiya
was.
’ converted to: Islam at Mumbai on Sth October, 2015 with the help of Rizwan Khan :
{A-3). Bestin @ Yahiye and Merrin @ Mariyam had also come to Mumbai for this
04.12.2015 in Mambat
1415. Investigation has disclosed that, Best tin @ Yahiya and Merrin @ Mariyam went
to Sri
(WA 1)ialong with his wife Avisha and daughter Sara left for Sri Lanka and Joined
Bestin at Ad- dur Salaffiya. (Al gama) ceritre. Ashfak Majeed and his wife fhamsiya
also folf fowed tHe and went to Sri Lanka on 28,02:2016. Later Beéstin @ Yahiya,
Abdul Rashid Abdulla (WAL) and Ashfak started propagating Isis ideology and their
views on Jihad ‘among the students GD
When it was noticed by the teacher they “were expelled from there and on
14.04.2016 all three families returned to India.
plan. Abdul Rashid Abdulla (WA-1) purchased tickets for Hafesudheen, Marwan and
Ashfak and his wife in Mumbai and thereafter everyone from the group left the
18. Charge
That the arrested accused Arshi Qureshi (| JD (2-2) was involved in unlawful
activities and spreading hatred against India. He provided support to the
proscribed
terrorist organisation B12 oy Mosc vies liad Ashfak and the group of
missing youths. ra ® :
Pi ry The sanct ion for prosecution of the’ aforementioned arrest and’ wanted
accused
i). : That itis submitted. that the investigation of the case is SEing con tinued
and further
the case as per the provisions of section 173 (3 ) 8)of cr. p. Cc.
NIA, Mumbai.
Page 13 of 13
prdans under Sector as 1) of Unlawful Activities {Prevention) Act, 1967 has’ heer
obtained
x if) It is, therefore, prayed that in the ight. of the averments herein, documents
‘and
other materials filed: with thi S police’ report fs 1 173Cr. P. C, this Hon 1 ble
court may kindly