Nothing to show acquitted IRF staffer propagated ISIS ideology: Special NIA Court

Acquitting Qureshi on Friday, special judge A M Patil had observed that the investigating agency had not laid its hands on any material that proved that the accused propagated ISIS ideology and indoctrinated youngsters to join the terrorist outfit

Mumbai There was no material on record to show that Arshi Qureshi propagated ISIS (Islamic State in Iraq and Syria) ideology, the special National Investigation Agency (NIA) court said while acquitting the former staffer of the Islamic Research Foundation (IRF) founded by controversial preacher Dr Zakir Naik. In its detailed judgement, which became available on Saturday, the special court also said that there was no evidence to show that the missing youths from Kerala and Mumbai, who Qureishi was accused of luring to ISIS, had ever left India.

Mumbai, India - August 29, 2016: Mumbai police taking Arshi Qureshi and Rizwan Khan who arrested for radicalisation of youths were produced in Kila court in Mumbai, India, on Monday, August 29, 2016.(Photo by Kunal Patil/ Hindustan Times) (Hindustan Times)

Acquitting Qureshi on Friday, special judge A M Patil had observed that the investigating agency had not laid its hands on any material that proved that the accused propagated ISIS ideology and indoctrinated youngsters to join the terrorist outfit. “The investigating agency could have produced documents like visas but there is no evidence on record to show that the missing youth, more particularly Ashfaq, crossed the border. Neither is there a complaint from any country about the illegal stay of Indian nationals and their unlawful activities.”

“As per the allegations, if Ashfaq had gone to ISIS, then why was he not made an accused in this case? On the contrary, investigating officer Namrata Patil (PW-55) herself admitted in her cross-examination that in the course of her investigation she did not find that the missing youth had gone to Syria. This testimony also goes to the roots of the case,” stated the court.

The judge noted that the submissions made by the prosecution might be “attractive” but needed to be proved by cogent evidence. “The most important testimony in the case – that of Ashfaq’s father, mother and brother – is silent on any unlawful activity and any support given to the terrorist organisation by the accused Arshi Qureshi,” the special judge observed. “As far as the alleged message given by Ashfaq to his brother Ajnas Majid (PW-4) with respect to his stay in Syria is concerned, the testimony of this witness is in serious doubt since his mobile phone was not seized by the NIA along with the voice message.”

The judge added that officials and members of IRF had vouched that Qureshi was a well-educated, well-mannered and cultured person and followed Islam in its true nature and spirit.

Qureshi was arrested by a joint team of the Kerala police and the Maharashtra Anti-Terrorist Squad (ATS) from Mumbai on July 21, 2016 for allegedly radicalising youth to join ISIS. Two months later, the cases were taken over by the NIA.

Qureishi was accused of radicalising several youngsters, including Ashfaq, the son of a Nagpada-based businessman, his wife and his daughter. The three, along with other youths from Kerala, had allegedly joined ISIS in 2016 after they escaped from India.

The court also questioned the theory of the prosecution that Qureshi, who was represented by advocates T W Pathan and Ishrat Khan, had influenced two youth to convert to Islam and attempted to radicalise them. “They categorically deposed in their cross-examination that accused Arshi Qureshi had not made any objectionable statement to them. They have no complaints against him,” the court observed.

The case dates back to July 10, 2016, when a resident of Kasargod, Kerala, lodged a complaint with Chandera Police Station about his daughter Shamsiya, her husband Ashfaq and their daughter Ayesha going missing. As per the complaint, Shamsiya and her husband left home on May 25, 2016, saying that they were going to Sri Lanka. They were in touch with the family till June 15, 2016, and informed them that they would return home for Ramadan Eid. However, after that, both Shamsiya and Ashfaq were incommunicado, leading Shamsiya’s father to lodge a complaint with the Kerala police.

Meanwhile Ashfaq’s father, who runs a guest house at Mumbai Central, approached the Mumbai police, alleging that Maulana Haneefa, Abdul Rashid, accused Arshi Qureshi and Rizwan Khan had indoctrinated his son and recruited him into ISIS. It was alleged that at least 21 youths from Kerala had gone missing and were suspected to be with the terrorist organisation. Their families had lodged complaints with the local police.

The prosecution had relied on the testimony of Abin Jacob, whose sister Merlin had embraced Islam and allegedly joined ISIS. Abin in his complaint said that Merlin had met Yahya (one of the radicalised youths) while working in Mumbai in 2015, and eventually married him. Soon, Yahya and Arshi Qureshi allegedly influenced Merlin, radicalised her and converted her to Islam. It was alleged that Qureshi was also responsible for radicalising two other youths, Bestin and Bexen.

The prosecution had examined Jacob as one of the prosecution witnesses in a bid to prove his connection. The court noted that Jacob had admitted that his sister and Bestin embraced Islam on their own and because of the efforts of Bestin, his sister converted to Islam. He also admitted that Bestin asked him too to follow Islam. He further admitted that during his meeting with Arshi Qureshi he never found anything uncultured or objectionable in him.