Principal Sessions Judge Jammu Vinod Chatterji Koul today awarded 5 years imprisonment to Faiza W/O Sheraz Ahmed R/O Chancha, Mansira, Rawalpindi, Pakistan.
According to the police case that Accused have been prosecuted by the police of Police Station Chanderkot for offences punishable under section 17,18,19,20,21 U.L.A, 120-B RPC, 14 F.A, 3 EAO & 2/3 E & I MCO, on the basis of an information received on 02.02.2009 from reliable source that some outlawed organization have criminal intention to indulge in subversive activities in the area of Police Station Chanderkot and especially to target the Hydro Electric Project Baghliar with the help of engaged hired elements and militants. Their aim is to create terror amongst the people and jeopardize the security and integrity of the state and to cause damage to the life and the property of the State.
On the basis of this information, the police of Police Station Chanderkot registered a case under FIR No: 09/2009 under section 17,18,19,20,21 of U.L.A and commenced the investigation thereupon. During investigation on 11.03.2012, Dy.S.P (Operations) Gool, received an information that two militants namely Ghulam Ali Code Muzamil and Sheraz Ahmed alias Shakir had crossed the LOC in the year 2000 without permit for training of subversion and handling of arms and ammunition in POK and are returning back to India after training through Nepal without permission and are on their way towards J&K. The police proceeded to Jammu and arrested both the aforesaid accused from Railway Station, Jammu.
The accused Faiza Begum, who was a Pakistani lady, reportedly wife of accused Sheraz Ahmed along with minor children was also accompanying both the aforesaid accused. She was also arrested as she entered in India illegally without any Passport. During further investigation the statements of prosecution witnesses were recorded, detailed report regarding American dollar and Railway tickets were obtained from the concerned agencies, the details of telephone used by the accused were obtained from the concerned department.
During interrogation of the accused it revealed that the accused Ghulam Ali had joined HM outfit in Banihal area and crossed LOC in the year 2000 and obtained subversive training in POK and recently was sent back to J&K by ISI for subversive activities in Ramban area. The accused Sheraz Ahmed joined HM outfit in the year 2001 and remained active in Shopian area and took part in subversive activities in the area along with other militants for about three years. In the year 2004, on fake passport, he went to POK for training and handling of arms ammunition.
Meanwhile, the accused Sheraz Ahmed solemnized marriage with accused Faiza in the year 2005 and in the year 2012, they returned back along with accused Faiza and three children via Nepal. The investigation finally proved the offences U/Ss 17/18/19/20/21 Unlawful Activities Act, 2/3 EIMCO, 3 EAO, 3(3) PP Act and 120-B/109 RPC against the accused Sheraz Ahmed and Ghulam Ali and offence u/s 14 Foreign Act was established against the accused Faiza Begum. Three minor children were handed over to one Mohd Abdullah by the order of Judicial Magistrate First Class, Batote, for their safe custody.
Principal Sessions Judge Jammu Vinod Chatterji Koul after Public Prosecutor Rakesh Badyal for the state observed that is foreign (Pak) national, Faiza who had entered into Indian Territory without any valid permit and was found in restricted area /protected area, thus, violated the provision of section 14-A of Foreign (Amendment) Act, 2004 and section 3(3) of the Passport ( Entry into India) Act, 1920.
The Faiza is a young lady of 27 years. Therefore, having regard to the circumstances of the case and her age, she is sentenced to undergo imprisonment for a period of 03(Three) years and shall also be liable to pay a fine of Rs. 10,000/- (Rupees Ten thousand only) for offence under section 14-A Foreign (Amendment) Act, 2004 and in case of her default to pay the fine, she shall further undergo imprisonment for a period of three months.
She is also sentenced to undergo imprisonment for a period of 02(Two) years and shall also be liable to pay a fine of Rs. 10,000/- (Rupees Ten thousand only) for offence under section 3(3) Passport ( Entry into India) Act, 1920 and in case of her default to pay the fine, she shall further undergo imprisonment for a period of three months. Both the sentences shall run concurrently.
Court also acquitted Sheraz Ahmed & Ghulam Ali as the prosecution has to prove the same but there is no such evidence, therefore accused No. 1 and 2 in such circumstances and on the basis of evidence produced by the prosecution, cannot be held that to have committed the offences punishable under sections 17,18,19,20,21 ULA, 120-B RPC, 14-C/F A, 3/EAO, 2/3 E&IMCO.