Suspected IM operative acquitted in Jama Masjid firing case

A special court acquitted Ajaz Saeed Shaikh, a suspected member of the Indian Mujahideen, who had been booked by the Maharashtra Cyber police in October 2010

Mumbai: A special court on Friday acquitted Ajaz Saeed Shaikh, a suspected member of the Indian Mujahideen (IM), who had been booked by the Maharashtra Cyber police in October 2010. Shaikh was accused of sending e-mails to media organisations claiming responsibility for the 2010 Jama Masjid firing and blast in Delhi.

Paramilitary forces patrol outside Jama Masjid in Old Delhi. Representational Image. (AP)

On 19 September 2010, two bikers allegedly opened fire on tourists at the gate of the Jama Masjid, injuring two Taiwanese nationals. The incident was followed by a minor explosion from a bomb placed in an abandoned car nearby.

According to the FIR, Shaikh, in conspiracy with other accused, sent an email to incite communal enmity and hatred by claiming responsibility for the attack. It was further alleged that Shaikh, along with co-accused Mohasin Chaudhary (a wanted suspect in the 2010 German Bakery blast case in Pune), acquired a SIM card using forged documents in the name of a fictitious individual to send the emails from Mumbai.

Special judge BD Shelke framed charges against Shaikh in July last year. The charges included being part of a criminal conspiracy to “strike terror” and “threaten the unity, integrity, security, and sovereignty of India” by sending specific e-mails to multiple media houses, claiming responsibility for the terror attack at Jama Masjid, Delhi. The charges also included promoting enmity or hatred between Hindus and Muslims.

Shaikh faced charges under various sections of the Indian Penal Code, including forgery, cheating by impersonation, and criminal intimidation, as well as under several sections of the Unlawful Activities Prevention Act.

Advocate Hasnain Kazi, representing Shaikh, submitted to the court that not a single statement was recorded from the said media body which allegedly received the terror email. During his arguments, Kazi noted that there is no evidence to show that Shaikh purchased the sim card using forged documents as well.

Observing that the FIR was registered on 30 October 2010 and the arrest took place on 6 February 2015, Kazi stated, “There is no explanation came forth from the prosecution as to delay in the investigation of near about 5 years from the date of the registration of the FIR.” Kazi sought Shaikh’s acquittal on the ground of lack of reliable evidence and invalid sanction.

Shaikh is also a co-accused in the 2011 Mumbai bombings and has been sentenced to death in the 2013 twin blasts case in Hyderabad. The 2011 Mumbai bombings involved a series of blasts at Zaveri Bazaar, Opera House, and Dadar between 6:52 PM and 7:05 PM on July 13, 2011. The police have arrested 11 accused in the case.