A Pakistan national convicted for conspiring to wage war against the India has been awarded life imprisonment by the Delhi high court.
The court said Jaish-e-Mohammad (JeM) militant Shahid Gafoor and three others -- Bashir Ahmed Ponnu, Fayaz Ahmed Lone and Abdul Majeed Baba had "conspired knowingly to facilitate the commission of a terrorist act and have carried out an act preparatory to the commission of a terrorist act".
Waging, or attempting to wage war, or abetting waging of war, against the Government of India is punishable with minimum sentence of life imprisonment and maximum punishment with death under Sections 121 IPC.
"Considering the fact that Shahid Gafoor has been in custody since January 29, 2007 and the nominal roll does not show any misconduct on his part, the sentence of imprisonment for life which is the minimum sentence would serve the purpose," the court said, while imposing a cost of Rs 2.6 lakh on Gafoor.
As per the prosecution, the special cell of Delhi police had received a tip-off in January 2007 that JeM intended to carry out 'fidayeen' attack at prominent places in the national capital and would be sending its operatives through the Indo-Bangla border.
Based on the tip-off, a trap was laid on February 4, 2007 and after a fierce encounter with police near Connaught Place all the four were arrested and a large quantity of explosives, grenades and cash were recovered from them.
Soon after the conviction in December last year, Gafoor who was lodged in Seva Sadan, Lampur was taken into custody and lodged in Tihar Jail here.
The bench has now listed the matter before the Registrar General for further proceedings regarding the arrest of Bashir Ahmed Ponnu, Fayyaz Ahmed Lone and Abdul Majeed Baba, who along with Gafoor, were acquitted by a trial court in 2013.
While Gafoor was taken into custody, the other three were not traceable.
The bench said if anyone of the three was arrested, they should be remanded to custody in Tihar Jail and the court informed. The judgment had come on the state's appeal against the trial court's 2013 decision acquitting all the four accused.