NIA opposes accused’s discharge plea, claims he conducted recce to execute murder

NIA opposes discharge plea of Abdul Taufeeque Shaikh saying he helped plan the killing through reconnaissance for terrorist group

MUMBAI: The National Investigation Agency (NIA) has opposed a discharge plea filed by Abdul Taufeeque Shaikh, one of the accused in the killing of Amravati pharmacist Umesh Kolhe who was murdered after he expressed support to the then BJP spokesperson Nupur Sharma’s remarks on Prophet Muhammad. NIA said Shaikh conducted a recce twice to help the terrorist group plan Kolhe’s murder.

An officer of NIA confirmed the development (HT Fire)

Shaikh, on March 5, moved an application before a special NIA court seeking discharge from the case. Amravati pharmacist Kolhe was going home on his scooter on the night of June 21 when he was accosted by three young men on a bike and was hacked to death. Kolhe’s daughter-in-law and his son were in another vehicle, behind him, but they could not save him.

Shaikh sought discharge on the grounds that he was falsely implicated in the case and that there was no documentary evidence in the entire chargesheet to demonstrate his involvement in any terrorist act, as contemplated under section 15 of the Unlawful Activities (Prevention) Act (UAPA).

The agency strongly opposed the application, stating that the accused was a part of the terrorist act of brutal killing/cold-blooded murder and that it was a larger conspiracy by a terrorist gang of accused persons who had inter-alia conspired amongst themselves to strike terror amongst a section of people and with their assertions attempted to promote enmity on the grounds of religion.

The agency further claimed that the incident had national and international linkages. They further claimed that Shaikh, along with two co-accused, conducted a “recce of the victim to eliminate him”.

“He (Shaikh) discussed the plan about the ‘recce’ of the victim and went to Prabhat Talkies near Amit Medical Shop to perform recce of the victim, however, the first attempt was in vain,” the reply stated, adding that the following day, Shaikh again participated in the recce which ultimately helped the murderers execute their plan to kill Kohle.

“The act committed by the accused is not just a simple act of murder but the same is coupled with larger conspiracy to strike a terror act in a well-planned criminal conspiracy hatched by religiously radicalised vulnerable youth thereby striking a terror into the minds of people and section of the people in Amravati and other states of India,” the NIA reply added.

Referring to the claim of the accused that the defect in the sanction order under UAPA was not a mere irregularity, error and omission, the NIA submitted that the issue of the sanction order, its validity and/or application of mind by the competent authority is a matter of trial and can’t be considered during the hearing of the discharge application.