Clear conspiracy to recruit Muslim youth to wage war against India: Kerala HC

The Kerala High Court on Monday confirmed the conviction of suspected Lashkar-e-Taiba operative, Thadiyantavida Nazeer, and nine others for their involvement in recruiting young men for terrorist activities in Kashmir.

The Court also recorded its appreciation for the tremendous work put in both by the Kerala Police and the NIA; for which the Investigating Officers literally travelled the length and breadth of the country on the heels of the divisive forces; from Kerala to Kashmir and Meghalaya to Maharashtra, tirelessly working to bring their straying countrymen before the law.

The court viewed the case in the context of the Indian Evidence Act.
“The opening words in Section 10 of the Evidence Act, of there being a ‘reasonable ground to believe, that two or more persons have conspired together to commit an offence or an actionable wrong, is the incantation, that opens up the flood gates against the conspirators, literally drowning them in such ‘relevant facts’ proved in the trial regarding anything done, said or written by any of the conspirators with reference to the common intention“, the Court stated.

In an instant, the Court concluded that all the appellants, except 3, had conspired to radicalise and recruit Muslim youth to wage war against India.

Further, the Court stated that there was ample evidence to indicate the recruitment of men who were to be trained in arms and ammunition to wage war against India, for assumed illegalities perpetrated on a community.

Therefore, all the appellants, except 3, were convicted for the offences under Sections 120B and 122 IPC and sentenced to life imprisonment on each of the charges.