U/S 173 CRPC in RC No 04/2016/Nia/Mumbai (Nagpada Isis Case)

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U/S 173 CrPC

IN
RC NO 04/2016/NIA/MUMBAI

(NAGPADA ISIS CASE)


on —m~

~ _ANNEXURE-7D—

CHARGE SHEET _
RE 173 Cr.p. c

bya group of like-


saragod district of
nd some members of the Islamic
Research Foundation, Mumbai who
motivated and radicalized Ashfak and his
associates to join ISIS, a proscribed
terrorist organisation.

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.

(1) Particulars of accused §

Name of accused

Whether verified
Father's Name
Year/Date of Birth
Sex

Nationality:

Address {Pre resent)

“Address (Permanent)

‘Date of Arrest

Date of relase on bail

Under Acts sand Sections {of


Chargesheet)

Names of sureties and addre ess

iz

erson against whom Present charge sheet is being filed —

Arshi Qureshi @ Arshid s/o (ED

(hereinafter referred as A-2)

Yes

21/12/1870

Male
Indian
Muslim

Private Service

Afrested on. 29/08/2016 on Production

Warrant and at present in Judicial Custody

5 {Tie sloja Catral Prison, Navi Mumbai)

"Sections 13 & 39 of the Unlawful Activitie

(Prevention) Act 1967"


N.A

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)

Names of sureties and addres

Ww
Lud
41)
=
»
[=]
2]
a
©
&
[my
wh
[3
Oo

Abdul Rashid Abdulla @ Rashi s/o

[Holder of an indian Passport no.

EE s.-: on Kozhikode on
30.04:2012]
Yes

05/12/1286

Male

Sectioh 13,18, 38 & 39 of Unlawful

Activity (Prevention) Act 1967


NLA

Wanted Accused.
| person against whom present charge sheets not being

1)

Whether verified Sle se Yen

Father's Name # CC)

indian
“Religion ar Muslim
Occupation oes Maulavi

Address (Permanent).

Date of Arrest

Kannur Police Station.

Date of relse on bail : N.A

Under Acts and Sections {of -

Cha rgesheet) : : : |

Names of sureties and address N.A pol

Status of accused “oc Anudicial Custody.

Chargesheet is not filed against this accused at this stage and further
investigation
- b-4 oF *

would continue against him u/s 1 73{8) of CrpC.

Arrested’ on 13/08/2016 (19.15 Hrs) at

Maulana Haneefa Thottimal s/o CD


E 0

(2) Particulars of accused p ainst whom present charge sheet is notbeing——

Ll and
riiea

Name of accused : Rizwan llivas Khan /° SD

(hereinafter referred as A-3)

Whether verified Yes


Father's Name ct a
Year/Date of Birth i 01/05 /1964
Sex 8% a oo © Male
Nationality Indian
Religion. re Muslim

Address (Present)

Address (Permanent)

Date of Arrest Arrested on 29/08/2016 (16.00 Hrs} on


: Prodiiction Warrant

Date of relase on bail - EE

Under Acts and Sections (of

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

would continue against him u/s 173(8) of CrPC.


13. (i) Particulars of witnesses examined : As per Annexure A (Volume A --1)
(ii) List of Documents As per Annexure B (Volume B- 1,11, ll &
CDR Volume —1, Ii, Ill)
(iii) List of articles : As per Annexure C
14. If FIR is false, action taken : Not applicable

15. Result of laboratory analysis Hi = + rAsencosed in Volume B-ll

16. Brief Facts of the Case ; 4 i “ . ) « i, :

) On 10th July, 2016 |! 16:00 rs


CE: - C omplaint at Chan er Police Station u/s (8 Zof Keralz a Palice Act

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

. from Shamsiye and fi husband Ashfak since en QE

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.

iii) Meanwhile on 06th Avast, TL Ashfak Majeed, one of the


missing: ys from Kasereed: QD

EE o:ched the Nagpada Police Station at Mumbai and lodged a complaint

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

as Case No. RC No. 4/2016 on 20/09/2016 and started the investigation.

17. Facts Disclosed during investigation: :

17.1. Investigation has revealed that, Ashfak Maieed QED + resident


{rgiive) of Padre, Kesargod, Kerala. Abdul Majeed qu

CED Ashfaley was-a student of B.com at (J EGGD


‘Mumbai in the year 2010 and 2012. He was looking after is
CE doing his B.Com.

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

EE in: the year 2014- 2015.


17.4.

17.

jy
N
~N

2015,
6.

ito work i in Mu

In the meanwhile, Maulana Haneefa (A-1) had joined GE osc ue.


Ganeshmukku, Padna as Khateeb and Imam of the Mosque on 31 May 2013. He

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

group of missing youths started following teachings of Maulana Haneefa {A-1). :

CED Ashfak had observed changes | in Ashiak after the return of

Dr. ljas, cousin brother of ‘Ashfak from China in the year 2012 and after Ashfak

started going QE at Padne villsps for le earning Quran from Maulana

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

isis: s and he wanted to learn Quran in depth.


\ gation. has revealed that, Abdul Rashid Abdulla’ (wa) a

He used to 4lkich — 1 train teachers ink visit the creo Prior to

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

the group of missing youths at Ashfak’s house as well as at (J | EGD GID

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

cD Viosque and drove at

camping togeth

Maitana Haneefa (A- 1)

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

give Short classes on meaning of Quran with Ta fseer: (explanation), explain im


portant

© 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)

on 05.09.20 14... They got married in Masjid at CGE Mumbai on

12.09, 2014 ‘wherein Rizwan Khan {A-3} has signed as “Wali? (guardian) of Mariyam.

11. invetigation Has disclosed th QD Merfin @ Mariyam came to

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

world needed to be Islamised. India is a land of non-believers and ghat, it


warranted a :

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

namely “Tazkiyan” (Purification of Soul) and he was the Sdministrster of this


group.
There were 20 to 25 members in the group, including Maulana Haneefa (A-1), Abdul
Rashid Abdulla (WA-1), missing youths namely Ashfak, Dr. lias, Shihas, Firoz

Murshid, Hafizuddin, Marwan, Bestin @ Yahiya, Bexen @ Isa, Manzad, and other

Hs CE m—N—

CO others. They used to discuss s bbe! Hadith" i.e, sayings of the

Prophet Mohammad and his explanation. Haneefa {+ 4) used to send voice

messages recorded in his own voice regarding tea hings of Prophet Mohammad in

Ma layal am. Most

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

lanka on 04.12.2015 for religious stiidies CED GED


: CED on’ 2nd February, 2016, Abdul Rashid “Abdulla

(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.

17.16. It is revealed during investigation that, conspiracy to travel for Hijrah


took shape
after their return from Sri Lanka and all the group members prepared their trave

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

country to join ISIS.

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 ® :

Abdul Rashid Abdulla @ he (wa 1) entire into a criminal


conspiracy ‘and joined proscribed terrorist organisation 181s and also supported it
by
arrangifg meetings to further the actitivities of ISIS and financing the travel and
stay of
Ashfak and some oF the missirg youths on their way to join ISIS and LN

13,18, = and d 39 of Unlawful Activities (Prevention) Act, 1967.

Pi ry The sanct ion for prosecution of the’ aforementioned arrest and’ wanted
accused

and enclosed herein.

take CEizance of the offences;

i). : That itis submitted. that the investigation of the case is SEing con tinued
and further

evidence is also being’ collected against the lee cused perso

iv) % Therefore, it is requested that NIA may. be slowed ¢ to girinte the


investigation of

the case as per the provisions of section 173 (3 ) 8)of cr. p. Cc.

19. Despatehet on AE muss i 09.02.2047

“Vol. A Act gto statements), B-1,


*B-2,B:3, C1, C-2 and C-3
21. List of enclosures © Annexure A, B & C

20. No. of enclosures, ~

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

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