Page 72 - STATE v ARIF & ORS. SC-NO-540-2022 PART 1
P. 72

IN THE COURT OF SH. DEEPAK SEHRAWAT, CMM (NDD).
                                     PATIALA HOUSE COURTS. NEW DELHI
                                                                                               .  i
               Case  FI]l No.  688  dated 22.12.2000 u/s  302/307/353/186/201/1211216/468/420/471/
               474/J .. 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),
                                                  Date of arrest 10.01.2018

                             Subject: Application for 10 days Police custody remand.


               Hon'ble Sir,


                      With  due  respect  it  is  submitted  that  on  22.12.2000,  Captain  S.P.
               Patwardhan,  Adjudant,  7  Rajputana Rifles,  Red Fort,  Delhi,  submitted a  written
               complaint to Inspr.  Roop  Lal, PS Kotwali  at the place of occurance i.e.  near C.O's
               office,  7th Rajputana Rifle inside Red Fort.  In his complaint Sh. Patwardhan stated
               that on 22.12.2000 at around 9.05 PM, 6 persons, wearing dark clothes armed with
               AK-56/47  rifles  entered  Red  Fort from  the  direction  of Salim  Garb  Gate/Yamuna
               bridge.  While  moving  inside  they  came  accross  civilian  sentry  Abdullah  Thakur
               deployed on duty at 339, (independent) supply platoon and fired a burst hitting him
               in the  chest  and he  died on the  spot.  Thereafter the  intruders ran towards M.T.
               Line and came across  Rifleman (barber)  Uma Shankar Singh bar and fired a burst
               at him killing him on the spot.  Thereafter the intruders ran into a room in the Unit
               Line  close  to  the  office  complex  and  shot  Naik Ashok  Kumar  who  was  seriously
               injured.  The  intruders  then  ran  towards Archaeological  Survey  of India  Museum
               complex.  At this stage they were fired  upon by the Army's Quick Reaction Team.
               However,  intruders  escaped  into  the  woods  area  close  to  the  Ring  Road.  On this
               complaint, the aforesaid case vide FIR No.  688/2000 dt. 22.12.2000,  was registered
               at PS Kotwali, Delhi.


                      On  25.12.2000 one  Ashfaq Ahmed@ Abu  Hamaad@ Arif.  Mohd.  s/o  Mohd.
               Akram  r/o  512,  Tubewell  No.1,  Haveliya,  Distt.  Abottabad,  Pakistan belonging to
               Lashkar·e-Tayyeba was apprehended in a raid at 308-A,  DDA flats,  Gazipur, Delhi
               where he had come to meet his in-laws. Ashfaq led the cops to his aide, Abu Samal,
               who  was  killed  in  an encounter  on  26.12.2000  in the  area  of Batla House,  Delhi.
               Other executors  were  identified  as Abu  Samad,  Abu  Sad,  Abu  Sakhar,  Bilal  and
               Abu Haidar.

                     ·After  trial  seven  accused  persons  Ashfaq  Ahmed  @ 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.
               Thereafter  during  appeal,  on  13.9.2007,  six  accused  persons  namely  Sa~~ Ali,
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