Page 256 - STATE v ARIF & ORS. SC-NO-540-2022 PART 1
P. 256

IN THE COURT OF SH. DEEPAK SEHRAWAT, CMM (NDD),
                ~                      PATIALA HOUSE COURTS, NEW DELHI

               Case  FIR No.  688  dated  22.12.2000  u/s.  302/307/353/186/201/121/216/468/420/471/  474/120-
               B/34-IPC,  14  Foreigners  Act,  4/5  Explosive  Substances  Act  &  25/27  Arms Act,  PS  Kotwali,
               Delhi.

                                     State Vs.     Bilal Ahmad Kawa s/o Ali Mohammad Kawa
                                                   rio Qutubuddin Pora, PS M.R.Ganj, Aali Kadal,
                                                   Srinagar, Jammu &  Kashmir. (Aged: 37 years),

                      Subject: Application for permission for obtaining specimen handwriting &
                               signatures of accused Bilal Ahmad Kawa in the case.
               Hon'ble Sir,

                      The  brief  facts  of  case  are  that  on  22.12.2000,  at  around  9.05  PM,  an  incidence  of
               firing/attack  in the  Red Fort,  Delhi  in  which 6 terrorist of banned terrorist organization Lashkar-e-
               Toiba (LeT),  armed  with  AK-56/47  rifles  entered  into  Red  Fort  and  fired  of the  security  forces,
               deployed in the  security of the Red Fort. Total three army personnel died in the incidence.  On the
               same  day,  the  terrorist  organization,  Lashkar-e-Toiba (LeT)  has  claimed  for  the  above  mentioned
               attack on Red Fort. Accordingly, the above mentioned case vide FIR No.  688/2000 dt.  22.12.2000,
               was registered at PS Kotwali, Delhi. Subsequently, the investigation of the case has been transferred
               to  Special  Cell,  Delhi.  During  the  investigation  of the  case,  on  25.12.2000  one  accused  namely
              ·Ashfaq  Ahmed  @  Abu  Hamaad  @ Mohd.  Arif.  s/o  Mohd.  Akram  r/o  Abottai:!~Hi,_Pii.ki_st~!l• .. t~y
               militant  of Lashkar-e-Tayyeba,  alongwith  his  wife,  was  arrested  from  Delhi' .. On"tfie-o'as!S' of his··
               interrogation, another raid was conducted in the area of Batla House, Delhi on 26.12.2000, in which '
               one of his associate and intruder namely Abu Samal (r/o Pakistan), was killed in the encounter with_:
               the  team  of Special. Cell,  Delhi.  Other  executors  were  identified  as  Abu  Samad,  Abu  Saad,  AbJ
               Sakhar, Bilal and Abu Haidar (all  r/o  Pakistan).  In  this case, earlier seven accused persons Ashfaq
               Ahm9d  @  Arif,  Rehmana  Yusuf,  Nazir Ahmed  Qasid,  Farooq,  Babar  Mohsin  Bagwala,  Matloob
               Alam and Sadaqat Ali were convicted on 31.10.2005, by the Ld. court of Sh. O.P.  Saini, ASJ, Delhi.
               During  the  appeal,  on  13.9.2007,  all  the  accused  persons  have  been  acquitted  by  the  Delhi  High
               Court,  Delhi  vide  orders  dated  13.09.2007,  except accused  Ashfaq  Ahmad  @  Mohd.  Arif,  whose
               death  penalty  was  confirmed  by  the  Hon'ble  High  Court  and  later  on  by the  Apex  court  on
               I 0.8:20 II. In this case, several accused persons including the above mentioned accused Bila!Ahmed
               Kawa,  were  declared  as  PO  by  the  concerned  court of Sh.  A.K.  Sarpal,  MM,  Tis  Hazari  Courts,
               Delhi vide orders dated 04.05.2001.

                      On 10.01.18,  the  above  mentioned  Bilal  Ahmed  Kawa  R/0  Srinagar,  Jammu  &  Kashmir,
               Proclaimed  offender  and  wanted  in  present  case  FIR No.  688/2000,  PS  Kotwali,  Delhi  has  been
               arrested  in  Delhi  in  the  case,  who  is  present! y  in  Police  Custody  remand  vide  orders  dated
               11.01.2018  of this  Hon'ble  Court  for  10  days  (i.e.  upto  21.01.2018).  During  the  course  of
               investigation of the case, it was revealed that the bank account of the present accused was used in the
               present case  for receiving and  withdrawing of hawala money, used  in  the  case/incidence.  As such,
               the specimen handwriting and signatures of the present accused Bilal Ahmad Kawa, are required for
               further investigation purpo.ses in the case.
                      It  is,  therefore,  humbly  prayed  to  grant  necessary  permission  for  obtaining  the  specimen
               handwritings of the above mentioned a~cused Bilal Ahmad Kawa, in the present case please.

                      Prayed accordingly,    \
                                            '
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