Afzal's 313 Statement

Statement of accused Mohd. Afzal son of late Habibullah r/o village Seerjagir, Distt. Baramullah, J&K, under Section 313 Cr. P.C. without oath. 

Q. It is in evidence against you that on 13^th Dec. 2001 at about 11.40-11.45 a.m. a terrorist attack was done by the terrorist at Parliament House when Parliament was in session and Vice President of India, Ministers, M.Ps,V.I.Ps and V.V.I.Ps were in the Parliament. In this attack five Pakistani trained militants got killed at the hands od the security staff. 9 persons from security staff and other agencies also got killed. 15 persons were injured. In the attack explosive substances, hand grenades, AK 47 Rifles and pistol were by the terrorist. What you have to say?

Ans. I don’t know.

Q. It is in evidence against you that on the checking of 5 slain terrorists, fake identity card of Websity Xansa Computer education were recovered which are Ext. PW 4/2, PW 4/4, PW 3/3, PW 2/3, PW 2/4 and PW 2/5 and on these I.Cards photographs of the terrorist with fake name and phone No. 98114 89429 was found written. What you have to say?

Ans. I do not know.

Q.  It is in evidence against you that on the persons of 5 slain terrorists 5 mobile phone and slips containing certain mobile phone numbers were recovered. Slips are Ext. PW 2/16, PW 4/6, PW 4/7. What you have to say?

Ans. I don’t know.

Q. It is in evidence against you that cell phone number 98114 89429 was cell number of your mobile phone which was being used by you. What you have to say?

Ans. It is wrong.

Q. It is in evidence against you that you were arrested by the police at Srinagar, alongwith your co-accused Shaukat Hussain Guru in truck No. HR 38E 6733 and in possesion of both of you one laptop alongwith accessories and cash amounting to Rs. 10 Lakhs was recovered. What you have to say?

Ans. I was arrested alone from Srinagar & nothing was recovered from me.

Q. It is in evidence against you that you were brought to Delhi by Delhi Police and arrested in this case and your disclosure statement Ext. PW 64/1 was recorded on 16-12-2001. What you have to say?

Ans. I was brought to Delhi, but police recorded stt. Itself after torturing me.

Q. It is in evidence against you that you desire to make confessional statement brfore D.C.P. voluntarily. What you have to say?

Ans. It is wrong.

Q. It is in evidence against you that on 21.12.01 at about 7.10 p.m. you were produced before Shri Ashok Chand, DCP Spl. Cell by IO of this case ACP Rajbir Singh, for the purpose of recording your confessional statement and you were explained by DCP Ashok Chand that you were not bound to make any confessional statement but you expressed your willingness to do so by recording your willingness Ex. PW 60/7 in your own hand. What have you to say?

Ans. It is wrong.

Q. It is further in evidence that warning given to you by DCP Ashok Chand was drawn in proceedings as Ex. PW 60/8 and thereafter your disclosure statement Ex. PW 60/9 was recorded by the said DCP. What have you to say?

Ans. It is wrong. I only signed blank papers. I made no stt.

Q. It is further evidence that that you had signed your confessional statement at point C and thereafter, it was sealed in an envelope Ex. PW 60/10 and carbon copy of the same was supplied to IO ACP Rajbir Singh on application moved by him in this regard. What have you to say?

Ans. I made no stt. So I don’t know.

Q. It is in evidence against you that you recorded in your disclosure statement Ex. PW 60/7 that in the year 1989-90, on the motivation of Yasin Malik & Hamid Shah of Jammu & Kashmir Liberation Front you joined this militant outfit for the purpose of Jehad and you alongwith several JKLF militants crossed over to Muzaffarabad in Pak Occupied Kashmir. What have you to say?

Ans. It is correct.

Q. It is further in evidence that you were given basic training for about 21/2 months, in handling arms and ammunition and insurgent activities by one Zainuluddin, a retired Pak army officer. What have you to say?

Ans. I was not given proper training. The place was full of militants. I was told few things. After going there I found different atmosphere.

Q. It is further in evidence that after completing your training, you alongwith 80 trained militants crossed back to India through Trigam sector in Kupwara and you had brought one AK 47 with three loaded magazines and Rs.10000/- in Indian currency paid to you by the militant outfit. What have you to say?

Ans. It is wrong. I was not having ammunition, others were having ammunition who had crossed along with me. There were militants of different terrorist org. who crossed border with me.

Q. It is further in evidence that on reaching India, you were tasked to destroy communication network, educational institutions and important bridges on J&K. What have you to say?

Ans. It is correct.

Q. It is in further evidence that soon after your return to India, security forces were tipped off and in order to escape security forces, you came to Delhi alongwith your cousin brother Shaukat Hussain. What have you to say?

Ans.  After coming from Muzfrabad, I stayed at my house for 25 days & then came to Delhi to my cousin Shokat.

Q. It is further in evidence against you that you started doing odd jobs in Delhi and also completed your graduation from Delhi University in 1993-94. What have you to say?

Ans. It is correct.

Q. It is further in evidence against you that during summer of 1993-94, you had come to Srinagar and surrendered before BSF and had also handed over the arms and ammunitions brought by you from Pakista. What have you to say?

Ans. It is correct that I surrendered before BSF. Two more boys has surrendered with me & they also gave their arm & ammunition. I did not give arm & ammunition.

Q. It is further in evidence that you had further disclosed that about eight months ago from 12.01, when you had gone to deliver surgical goods at a shop in Lal Chowk, Srinagar, you came across one Tariq who introduced himself as a doctor residing in Anantnag and you discussed with him about the current affairs and militancy in Kashmir. What have you to say?

Ans. In summer of yr 2000, I was picked up by STF & confined for 21 days. I met Tariq during confinement. Tariq was in medicine business. At that time I had no discussion with him. I had to daily attend STF camp.

Q. It is further in evidence that you, thereafter, met Tariq on two more occasions and two months after the first meeting, when you had gone to offer Namaz at Batmallo Masjid, Tariq met you and disclosed that he was an active militant of Jaish-e-Mohammad outfit and you were motivated by Tariq to join Jehad for liberation of Kashmir and for the cause of Muslim community. What have you to say?

Ans. Tariq was not a militant, however we used to talk about militancy. Tariq did not motivate me for Jehad. He used to ask me about my Delhi business.

Q. It is further in evidence that Tariq had assured of financial support and you agreed to work for Jaish-e-Mohd. What have you to say?

Ans. It is wrong.

Q. It is further in evidence against you that you disclosed in Ex. PW 60/7 that Tariq further introduced you to one Ghazi Baba, the Supreme Commander of Jaish-e-Mohd. in Kashmir. What have you to say?

Ans. It is wrong.

Q. It is further in evidence that you further disclosed that Gazi Baba’s Company in Kashmir consisted of about 60 heavily armed militants of Jaish-e-Mohd. (JeM) and Ghazi Baba was also equipped with wireless sets, satellite phones and other means of communication. What have you to say?

Ans. It is wrong.

Q. It is further in evidence that Ghazi Baba further motivated you and also gave you audio cassette and literature containing provocative preachings of Maulana Masood Azhar and you were directed to contact Tariq abut 6 weeks at the appointed time. What have you to say?

Ans. It is wrong.

Q. It is further in evidence against you that you met Gazi Baba as directed, who again took you to Ghazi baba at his training camp, who instructed you that he had been told by Maulana Masood Azhar that they should carry out action on important institutions of Indian nation like Indian Parliament and US & UK embassies, as their action in Kashmir had not led to the desired results. What have you to say?

Ans. It is wrong.

Q. It is further in evidence against you that you had further disclosed as per Ex. PW 60/7 that Ghazi Baba had told you that action in Delhi would be a joint action of JeM and Lashkar-e-Tyabba (LeT) and you were tasked to provide a safe hideout for the Fidayeens, in Delhi and you were also introduced by Ghazi Baba to Mohammad and Haider, Pak nationals and militants of JeM. What have you to say?

Ans. It is wrong.

Q. It is further in evidence against you that in the month of October, 01, you rang up co-accused Shaukat for arrangiing a rented accomodation for yourself and Mohammad in Delhi. What you have to say?

Ans. It is wrong.

Q. It is further in evidence against you that in the 1^st week of November, you brought Mohammad to Delhi, who brought alongwith him a laptop and Rs.50000/- and on reaching Delhi, you both went to the house of Shaukat, who then took you and Mohammad to the pre-arranged accomodation in Christian Colony, Room No.5 of Boy’s hostel. What have you to say?

Ans. I was to come to Delhi, Tariq told me that Mohammad has to go to Delhi, I should take him to Delhi. He would stay in Delhi for some days & he has to go abroad. So Mohd. came with me, he himself arranged accomodation.

Q. It is further in evidence that you introduced Mohammad to Shaukat as a resident of Doda, Kashmir and when Shaukat was not convinced, you told him that Mohammad was a Pak national and militant of JeM and had come to Delhi to carry out a fidayeen attack. What have you to say?

Ans. It is wrong.

Q. It is further in evidence against you that after about a week thereafter, you arranged another hideout at A-97, Gandhi Vihar, Timarpur. What have you to say?

Ans. It is wrong.

Q. It is further in evidence that Mohammad through Hawala collected Rs. 20 lakhs and gave Rs. 5 lakhs to you for giving it to Tariq in Srinagar, you went to Srinagar and gave the said money to Tariq. What have you to say?

Ans. It is wrong.

Q. It is further in evidence against you that at the asking of Tariq, you brought two militants of JeM, namely Raja and Haider, both Pak nationals to Delhi from Srinagar and took them to the hide-out in Gandhi Vihar. What have you to say?

Ans. It is wrong.

Q. It is further in evidence against you that you also disclosed as per Ex. PW 60/7 that in order to complete the assignment given by Gazi Baba, you alongwith Mohammad went to Khari Baoli, Delhi, from where Mohammad purchased 60 Kgs. of Ammonium Nitrate, 10 Kgs. Aluminium powder and 5 Kgs. of sulphur. What have you to say?

Ans. It is wrong.

Q. It is further in evidence that Mohammad told you that these chemicals when mixed in the ratio of 7:2:1, would make a high explosive. What have you to say?

Ans. It is wrong.

Q. It is further in evidence that after about a week, Mohammad again gave you Rs. 5 lakhs and you went with that money to Srinagar and handed over the same to Tariq. What have you to say?

Ans. It is wrong.

Q. It is further in evidence that in the first week of December, 01, you again met Tariq and at his instructions, brought two Pak nationals and militants of JeM, namely Rana and Hamja to Delhi. What have you to say?

Ans. It is wrong.

Q. It is further in evidence against you that you also disclosed before the DCP in Ex. PW 60/7 that said Rana and Hamja were carrying AK rifles, 12 loaded magazines, 1 grenade launcher, 3 pistols with spare magazines, 15 hand grenades, 15 grenade shells, two packs of electronic detonators, two transreceivers and explosives etc. What have you to say?

Ans. I do not know.

Q. It is further in evidence that you alongwith above-named persons had come from Srinagar to Jammu by bus and from Jammu to Delhi by train. On reaching Delhi you took them to hideout in Gandhi Vihar. What have you to say?

Ans. It is wrong.

Q. It is further in evidence that at Delhi, you had arranged another accomodation at 281, Indira Vihar, Mukherji Nagar area. What have you to say?

Ans. I had rented this accomodation for myself as I was to come to Delhi after Eid.

Q. It is in evidence against you that your co-accused Mohammad (slain) terrorist had purchased mobile phone and sim cards from Gaffar Market and Palika Bazar in your company and had received directions from Ghazi Baba on the cell phone from satellite phone. What have you to say?

Ans. It is wrong.

Q. It is in evidence against you that during your visit to Delhi you used to meet Shaukat Hussain Guru and S.A.R. Geelani and motivate them in Jehad in Kashmir. What you have to say?

Ans. It is wrong.

Q. It is in evidence against you that accused Shaukat Hussain Guru provided his motor cycle to you and slain terrorist for taking recee? What you have to say?

Ans. It is wrong.

Q. It is in evidence against you that meeting of slain terrorists also used to be held in the house of Shaukat Hussain Guru for discussing further course of action and in this meeting accused SAR Geelani, accused Shaukat Hussain Guru and his wife Afsan Guru also used to be present. What you have to say?

Ans. It is wrong.

Q. It is in evidence against you that in these meetings of terrorists, you and other co-accused target to be chosen terrorist attack were discussed as Delhi Assembly, U.K and U.S.A. Embassy, Parliament House and Airport. What have you to say?

Ans. It is wrong.

Q. It is in evidence against you that one more motor cycle was purchased by you from Karol Bagh which was also to be used for taking recee. What you have to say?

Ans. It is wrong.

Q. It is in evidence against you that after taking recee of all aforesaid targets, slain terrorist Mohammad informed Ghazi Baba and Ghazi Baba told you that they must strike at Parliament. What you have to say?

Ans. I don’t know.

Q. It is in evidence against you that final meeting was held at the house of Shaukat Hussain Guru in which all of you (all accused persons and slain terrorists) were present and plans for attacking of Parliament was finalised. What you have to say?

Ans. It is wrong.

Q. It is in evidence against you that as per plan on 11-12-2001 you alongwith slain terrorist Mohammad went to Karol Bagh for purchasing a second hand Ambassador car for a sum of Rs. 1,08,000/- was purchased from Lucky Motors. What you have to say?

Ans. Mohd. had expressed desire to purchase a car & he requested me to accompany him. I went along with him to Karol Bagh & he purchased a second hand car.

Q. It is in evidence against you that on 11.12.2001 you alongwith Mohammad went to Kashmiri Gate and purchased a Magnetic VIP Red Light to facilitate entry of car into Parliament House. What you have to say?

Ans. It is wrong.

Q. It is in evidence against you that slain terrorist Mohammad got prepared sticker of M.H.A. and fake I.Cards through laptop. What you have to say.

Ans. I don’t know.

Q. It is in evidence against you that Mohammad alongwith other militants prepared IEDs for grinding and mixing of chemical and put them in container brought from Chandni Chowk. What you have to say.

Ans. I don’t know.

Q. It is in evidence against you that I.E.D. was fitted in the car for causing explosion. What you have to say?

Ans. I don’t know.

Q. It is in evidence against you that on the night of 12-12-2001 you alongwith accused Shokat and S.A.R. Geelani went to hideout at Gandhi Vihar Timarpur where all the five Pak militant were present. What you have to say?

Ans. It is wrong. I had not met Gilani six months prior to 13.12.01.

Q. It is in evidence against you that Mohammad (slain terrorist) gave you laptop and Rs. 10 Lakhs and he told you to take laptop to Ghazi Baba and told that Rs. 10 Lakhs was for you and your friend Shaukat Hussain Guru and for S.A.R. Geelani. What you have to say?

Ans. It is wrong.

Q. It is in evidence against you that Mohammad (slain terrorist) told you that they were going to attack and fidayeen attack on Parliament House on 13.12.2001. What you have to say?

Ans. It is wrong.

Q. It is in evidence against you that you & your co-accused Shaukat Hussain Guru and S.A.R. Geelani left Gandhi Vihar hideout and continued in touch with each other on mobile phone. What you have to say?

Ans. It is wrong.

Q. It is in evidence against you that on 13.12.2001 at about 10.40 a.m.