By Raqib Hameed Naik, TwoCircles.net
New Delhi : Mushtaq Ahmad Lone, an accused in case National Investigation Agency v. Syed Salahuddin & Ors. (RC-11/2011/NIA-DLI) presently lodged in Central Tihar Jail in the national capital, has resorted to an indefinite hunger strike since August 25 demanding the transfer of his case from the NIA Court in Delhi to the NIA Court in Srinagar.
In a letter addressed to Superintendent of Tihar Jail, Lone has prayed for transfer of his case as the alleged offences in the charge sheet have been committed in Jammu & Kashmir which comes under the local jurisdiction of the NIA Court, Srinagar as per section 13 of the NIA Act, 2008.
Further, he alleged that the trial in the Delhi NIA court is depriving him to avail a proper legal defense and separation from his newly wedded spouse and old aged parents is adding to multiple health issues especially depression and stress.
Letter by Mushtaq Ahmad Lone
The accused who is a resident of District Anantnag, Jammu and Kashmir have been alleged by NIA of involvement in Hizbul Muhajideen (HM) fund raising network to a tune of Rs 80 crore through Jammu Kashmir Affectees’ Relief Trust (JKART), which was used allegedly for carrying out militant activities in India. The investigating agency has alleged that the money was also transferred to active terrorists and families of killed militants of HM in J&K.
The NIA has further accused Lone of receiving an amount to tune of Rs. 50.00 lakhs which he had allegedly distributed amongst certain persons from November 2009 to February 2011.
Advocate, Raies Ul Haq Ahmad Sikander, who works as a Junior Counsel at Chambers of Senior Advocate, Mehmood Pracha ,While giving legal opinion, spoke in length about the case.
“Since Section 13(1) of the National Investigation Agency Act, 2008 prescribes that the offences under the Act should ordinarily be tried in the Special Court for NIA within whose jurisdiction the offence has been allegedly committed and since almost all the allegations in this case, including conspiracy and overt activities have taken place in Jammu & Kashmir, the trial should take place in Special NIA Court, Srinagar as a matter of law, ” Sikander told TwoCircles.net adding that even if Special NIA Court, Delhi is considered to have jurisdiction, it is extremely pertinent to point out that out of the 285 witnesses cited by the prosecution in this case, 203 are the residents of Jammu & Kashmir state and it is likely, if not certain, that bringing more than 200 witnesses from Jammu & Kashmir to Delhi will inordinately prolong and hopelessly delay the trial, he added.
Pertinently, Mushtaq was taken into custody by NIA from his home in Kashmir and brought to Delhi in June 2014 and subsequently a supplementary charge sheet was filed against the him in December 2014.He is presently in Judicial Custody and lodged in Tihar Jail, Delhi. The case stands for framing of charges before court of ASJ, Court Room No.25, Patiala House Courts.