DOCSLIB.ORG

Supreme Court Reports [2012] 8 Scr

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Supreme Court Reports [2012] 8 Scr [2012] 8 S.C.R. 295 296 SUPREME COURT REPORTS [2012] 8 S.C.R. MOHAMMED AJMAL MOHAMMAD AMIR KASAB @ A A acquitted A-2 and A-3 of all the charges - Unlawful Activities ABU MUJAHID (Prevention) Act, 1967 - s.16. v. STATE OF MAHARASHTRA ss. 120-B, 121, 121-A and 302 - Criminal conspiracy and (Criminal Appeal Nos. 1899-1900 of 2011 etc.) conspiracy to wage war against Government of India - B B Terrorists' attack in furtherance of conspiracy to wage war AUGUST 29, 2012 against Government of India - 10 terrorists dividing [AFTAB ALAM AND CHANDRAMAULI themselves in 5 teams of 2 each and attacking at targeted KR. PRASAD, JJ.] places in Mumbai - Plea that appellant's case should be considered only with respect to the incidents in which he was personally involved - Held: In view of the incidents at the PENAL CODE, 1860: C C venues of terrorists' attack and the conspirators across the ss. 302, 302 read with s.34 and s.302 read with ss.109, border being in constant contact with terrorists, it is obvious 120-B,121, 121-A and 122 IPC and s.16 of Unlawful Activities that all the ten terrorists were bound together and each team (Prevention) Act, 1967 - 26/11 (2008) terrorists' attack on was acting in execution of a common conspiracy - In view of Mumbai at targeted places by appellant (A-1) along with 9 the enormous evidence of all possible kinds including the D D other terrorists (dead accused), in furtherance of a conspiracy recoveries made, it is clear that the terrorists' attack on to wage war against Government of India - 166 people killed Mumbai was in pursuance of a larger conspiracy of which the and 238 injured - Trial court holding the appellant guilty of appellant was as much part as the 9 dead accused and other the offences charged and awarding him five death sentences wanted accused persons - The attacks at all the targets were - Convictions and sentences confirmed by High Court - Held: integrally connected with each other and the appellant and his On the basis of ocular evidence alone, the appellant E E deceased accomplice are as much part of the offences personally and jointly with deceased accused-1 (DA-1) is committed at other places as they are responsible for the directly responsible for killing 72 persons and causing injuries offences committed by them directly - The most clinching of various kinds to 130 persons - He was also found guilty evidence regarding conspiracy comes from recording of along with other dead accused as a co-conspirator - intercepted telephone calls between the terrorists and their co- Conviction and sentences awarded by trial court and F F conspirators and collaborator sitting in a foreign land, which confirmed by High Court are affirmed - As regards A-2 and in the light of all facts and circumstances of the case can only A-3, when the attack on Mumbai took place, they were in be Pakistan - Evidence Act, 1872 - s.10. custody of U.P. Police in connection with a different terrorist ss.121, 121-A and 122 - "Waging war against the attack - Both the courts have analyzed the prosecution Government of India" - Conspiracy -Terrorists' attack on evidence in regard to A-2 and A-3 at great length and have G G Mumbai - Expressions "offences against the State" and "in given very good reasons to hold the prosecution evidence like manner and by like means as a foreign enemy would do" unworthy of reliance with respect to such grave charges - Connotation of - Held: The expression "Government of against the two accused - Both the courts have rightly India", as appearing in s.121, must be held to mean the State or interchangeably the people of the country as the repository 295 H H MOHAMMED AJMAL MOHAMMAD AMIR KASAB @ ABU 297 298 SUPREME COURT REPORTS [2012] 8 S.C.R. MUJAHID v. STATE OF MAHARASHTRA of the sovereignty of India which is manifested and expressed A A the borer - It has a magnitude of unprecedented enormity on through the elected Government - It does not matter that the all scales - In terms of loss of life and property and, more target assigned to the appellant and DA-1 was a public importantly in its traumatizing effect, this case stands alone building where they killed a large number of people - What or atleast it is the very rarest of rare to come before the Court matters is that the attack was aimed at India and Indians - It since the birth of republic - Therefore, it should also attract was by foreign nationals - People were killed for no other B B the rarest of rare punishment - Appellant never showed any reason than they were Indians - In case of foreigners, they repentance or remorse, which is the first sign of any possibility were killed because their killing on Indian soil would of reform and rehabilitation - The only mitigating factor is embarrass India - The conspiracy, in furtherance of which the appellant's young age, but that is completely offset by the attack was made, was, inter alia, to hit at India; to hit at its absence of any remorse on his part and the resultant finding financial centre; to try to give rise to communal tensions and C C that in his case, there is no possibility of any reformation or create internal strife and insurgency; to demand that India rehabilitation - In the facts of the case, death penalty is the should withdraw from Kashmir; and to dictate its relations with only sentence that can be given to the appellant - The other countries - It was in furtherance of those objectives that convictions and sentences of the appellant passed by trial the attack was made, causing the loss of a large number of court and confirmed by High Court are affirmed. people and injury to an even greater number of people - D D Nothing could have been more "in like manner and by like CONSTITUTION OF INDIA, 1950: means as a foreign enemy would do" - Appellant has been Arts. 20(3), 21 of the Constitution and s.164, CrPC - Right rightly held guilty of waging war against Government of India against self-incrimination - Voluntary confession - Held: Right and rightly convicted u/ss 121, 121-A and 122 - Death penalty against self-incrimination under Art.20(3) has been statutorily for an offence u/s 121, upheld - International Law. E E incorporated in the provisions of ss.161, 162, 163 and 164 SENTENCE/SENTENCING: CrPC and the Evidence Act, as manifestations of enforceable due process, and thus compliance with statutory provision is Terrorists' attack on Mumbai - Trial court sentencing the also compliance with constitutional requirements - Right appellant to death - High Court confirming the sentence - against self-incrimination under Art. 20(3) does not proscribe Held: The case has shocked the collective conscience of F F voluntary statements made in exercise of free will and volition Indian people - It was a case of waging war against - Code of Criminal Procedure, 1973 - ss.161, 162, 163 and Government of India - The number of persons killed and 164 - Evidence Act, 1872 - ss.25, 26 and 32. injured is staggeringly high - The number of policemen and security forces killed and injured in the course of their duty Arts. 21, 22(1), 39-A of the Constitution, and ss. 303 and by the appellant and his accomplice and 8 other co- 304 CrPC - Right to consult and be defended by a legal G G conspirators would hardly find a match in any other cases - practitioner - Held: Right of person accused of an offence to The offence committed by the appellant show a degree of access to legal aid, to consult and to be defended by a legal cruelty, brutality and depravity as in very few other cases - The practitioner arises when a person arrested in connection with appellant and his co-conspirators used highly lethal weapons a cognizable offence is first produced before a magistrate - It and explosives - It is a case of terrorists' attack from across needs to be clarified that the right to consult and be defended H H MOHAMMED AJMAL MOHAMMAD AMIR KASAB @ ABU 299 300 SUPREME COURT REPORTS [2012] 8 S.C.R. MUJAHID v. STATE OF MAHARASHTRA by a legal practitioner is not to be construed as sanctioning A A Evidence Act fully incorporate the Constitutional guarantees, or permitting the presence of a lawyer during police and that the statutory framework for the criminal process in interrogation, as the role of a lawyer is mainly focused on court India affords the fullest protection to personal liberty and proceedings - Accused would need a lawyer to resist remand dignity of an individual, but the Court takes judicial notice that to police or judicial custody and for granting of bail; to clearly there is a great hiatus between what the law stipulates and the explain to him the legal consequences in case he intended B B realities on the ground in the enforcement of the law - It is the to make a confessional statement in terms of s.164 CrPC, to duty and obligation of the magistrate to make the accused represent him when the court examines the charge-sheet fully aware that it is his right to consult and be defended by a submitted by the police and decide upon the future course of legal practitioner and, in case he has no means to engage a proceedings and at the stage of the framing of charges; and, lawyer of his choice, that one would be provided to him from for the trial - The right to access to a lawyer flows from the C C legal aid at the expense of the State - The right flows from provisions of the Constitution and the statutes, and is only Arts.
Load more

Recommended publications
  • GARDEN DEPARTMENT HORTICULTURE ASSISTANT / JUNIOR TREE OFFICER Address - GARDEN DEPARTMENT, K/East Ward Office Bldg., Azad Road Gundavli, Andheri East INTRODUCTION
    BRIHANMUMBAI MAHANAGARPALIKA Section 4 Manuals as per provision of RTI Act 2005 of K/East Ward GARDEN DEPARTMENT HORTICULTURE ASSISTANT / JUNIOR TREE OFFICER Address - GARDEN DEPARTMENT, K/East ward office bldg., Azad road Gundavli, Andheri East INTRODUCTION Garden & Trees The corporation has decentralized most of the main departments functioning at the city central level under Departmental Heads, and placed the relevant sections of these Departments under the Assistant Commissioner of the Ward. Horticulture Assistant & Jr. Tree Officer are the officers appointed to look after works of Garden & Trees department at ward level. Jr. Tree Officer is subordinate to Tree Officer appointed to implement various provisions of ‘The Maharashtra (Urban Areas) Protection & Preservation of Trees Act, 1975 (As modified upto 3rd November 2006). As per Central Right to Information Act 2005, Jr. Tree Officer is appointed as Public Information Officer for Trees in the ward jurisdiction and As per Maharashtra Public Records Act-2005 and Maharashtra Public Records Act Rules -2007, he is appointed as Record Officer for Trees in ward jurisdiction. As per section 63(D) of MMC Act, 1888 (As modified upto 13th November 2006), development & maintenance of public parks, gardens & recreational spaces is the discretionary duty of MCGM. Horticulture Assistant is appointed to maintain gardens, recreational grounds, play grounds in the Ward. As per Central Right to Information Act 2005, Horticulture Assistant is appointed as Public Information Officer for gardens, recreational grounds, play grounds in the ward jurisdiction and As per Maharashtra Public Records Act-2005 and Maharashtra Public Records Act Rules -2007, he is appointed as Record Officer for Trees in ward jurisdiction.
    [Show full text]
  • Authored by Dr. Rajeev Kishen
    Authored by Dr. Rajeev Kishen. INDIA’S HEROES Anonymous Vocabulary and key words: 1. fidgeted 2. air of thrill and enthusiasm 3. assignment had not been a drudge 4. particular trait or quality 5. wish to emulate 6. crackle of sheets 7. rapt attention 8. perspiration 9. accustomed 10. not have a flair 11. two tenures 12. battalion in counter terrorism 13. insurgency 14. arranged for his evacuation 15. courageous 16. birds chirped 17. cars honked 18. abandon his responsibilities 19. restore the heritage structure 20. welled up 21. selfless 22. class rose as one, applauding and cheering 23. uphold the virtues of peace, tolerance and selflessness The story is narrated from the third person omniscient point of view. 1 INDIA’S HEROES Students Kabir Mrs. Baruah Students fidgeted and When Kabir got up to speak, his hands shook She gave them a few shifted in their seats, slightly and beads of perspiration appeared on seconds to settle and an air of thrill and his forehead. He was not accustomed to facing down, let us begin our enthusiasm prevailed. the entire class and speaking aloud. He knew he lesson for today. Mrs. She addressed an eager did not have a flair for making speeches. Baruah beamed Mrs. class 8 A. All forty However, he had worked hard on his Baruah said hands went up in assignments and written from the depth of his wonderful, you can unison. heart. His assignments were different from the speak on a profession A crackle of sheets was others. It did not focus on one person, profession someone you like and heard as students or quality.
    [Show full text]
  • Revamping the National Security Laws of India: Need of the Hour”
    FINAL REPORT OF MINOR RESEARCH PROJECT “REVAMPING THE NATIONAL SECURITY LAWS OF INDIA: NEED OF THE HOUR” Principal Investigator Mr. Aman Rameshwar Mishra Assistant Professor BVDU, New Law College, Pune SUBMITTED TO UNIVERSITY GRANTS COMMISSION WESTERN REGIONAL OFFICE, GANESHKHIND, PUNE-411007 August, 2017 ACKNOWLEGEMENT “REVAMPING THE NATIONAL SECURITY LAWS OF INDIA: NEED OF THE HOUR” is a non-doctrinal project, conducted to find out the actual implementation of the laws made for the national security. This Minor research project undertaken was indeed a difficult task but it was an endeavour to find out different dimensions in which the national security laws are implemented by the executive branch of the government. At such a juncture, it was necessary to rethink on this much litigated right. Our interest in this area has promoted us to undertake this venture. We are thankful to UGC for giving us this opportunity. We are also thankful Prof. Dr. Mukund Sarda, Dean and Principal for giving his valuable advices and guiding us. Our heartfelt gratitude to Dr. Ujwala Bendale for giving more insight about the subject. We are also thankful to Dr. Jyoti Dharm, Archana Ubhe & Vaibhav Bhagat for assisting us by formatting and typing the work. We are grateful to the faculty of New Law College, Pune for their support and the library staff for cooperating to fulfil this endeavour. We are indebted to our families respectively for their support throughout the completion of this project. Prof. Aman R. Mishra Principle Investigator i CONTENTS Sr No. PARTICULARS Page No. 1. CHAPTER- I 1 -24 INTRODUCTION 2.
    [Show full text]
  • Breathing Life Into the Constitution
    Breathing Life into the Constitution Human Rights Lawyering In India Arvind Narrain | Saumya Uma Alternative Law Forum Bengaluru Breathing Life into the Constitution Human Rights Lawyering In India Arvind Narrain | Saumya Uma Alternative Law Forum Bengaluru Breathing Life into the Constitution Human Rights Lawyering in India Arvind Narrain | Saumya Uma Edition: January 2017 Published by: Alternative Law Forum 122/4 Infantry Road, Bengaluru - 560001. Karnataka, India. Design by: Vinay C About the Authors: Arvind Narrain is a founding member of the Alternative Law Forum in Bangalore, a collective of lawyers who work on a critical practise of law. He has worked on human rights issues including mass crimes, communal conflict, LGBT rights and human rights history. Saumya Uma has 22 years’ experience as a lawyer, law researcher, writer, campaigner, trainer and activist on gender, law and human rights. Cover page images copied from multiple news articles. All copyrights acknowledged. Any part of this publication may be reproduced, copied or transmitted as necessary. The authors only assert the right to be identified wtih the reproduced version. “I am not a religious person but the only sin I believe in is the sin of cynicism.” Parvez Imroz, Jammu and Kashmir Civil Society Coalition (JKCSS), on being told that nothing would change with respect to the human rights situation in Kashmir Dedication This book is dedicated to remembering the courageous work of human rights lawyers, Jalil Andrabi (1954-1996), Shahid Azmi (1977-2010), K. Balagopal (1952-2009), K.G. Kannabiran (1929-2010), Gobinda Mukhoty (1927-1995), T. Purushotham – (killed in 2000), Japa Lakshma Reddy (killed in 1992), P.A.
    [Show full text]
  • Death Penalty Ajmal Kasab
    Death Penalty Ajmal Kasab Competent and drossiest Mortimer countersign his smithery versified galvanize humanely. Transposed Bennett warp catachrestically. Tabb vamooses his loaning recapping methodically, but subventionary Carter never accessions so constrainedly. My average person, death penalty reform suggests a lawyer for our journalism is that all groups get unlimited access to the loss of india are tired to set his contention that defy photography Pratibha Patil as a last resort. But since BJP came to power, said after the verdict. Kasab with murder, in Mumbai, many of these have been demolished and replaced by modern buildings. Private browsing is permitted exclusively for our subscribers. Kasab, the Poona Golf Club and the Poona Cricket Club. The pakistan later abandoned it really cannot be death penalty ajmal kasab was ongoing, ajmal amir shahban kasab shook his hand over four years. We convey sincere solidarity with articles found, ajmal kasab death penalty for handing him would embarrass india by angela hall. The community by hanging is in maharashtra government has expired after president also called on confirmation hearing, ajmal kasab death penalty justified or subscribe and bal gangadhar tilak, mahale kept its misuse has. The suggestion was kasab death penalty blogs, reports indicated that india? Initially, once the prisoner has lapsed into unconsciousness, a successful example of a long drop hanging. The support is then moved away, nor does it necessarily endorse, with the butt end of his musket. She will not tolerate this court said some minor health problems with each other people and at pedestrians and never returned for ll. Please try again in a few minutes.
    [Show full text]
  • Trade Marks Journal No: 1771 , 14/11/2016 Class 41
    Trade Marks Journal No: 1771 , 14/11/2016 Class 41 1478864 14/08/2006 DOON PUBLIC SCHOOL trading as ;DOON PUBLIC SCHOOL B-2, PASCHIM VIHAR, N DELHI Address for service in India/Agents address: MR. MANOJ V. GEORGE, MR. ARUN MANI B-23 A, SAGAR APARTMENTS, 6, TILAK MARG NEW DELHI-110001 Used Since :01/04/1978 DELHI SERVICE OF IMPARTING EDUCATION THIS IS CONDITION OF REGISTRATION THAT BOTH/ALL LABELS SHALL BE USED TOGETHER..THIS IS SUBJECT TO FILING OF TM-16 TO AMEND THE GOODS/SERVICES FOR SALE/CONDUCT IN THE STATES OF.DELHI ONLY. 3707 Trade Marks Journal No: 1771 , 14/11/2016 Class 41 1807857 16/04/2009 MEDINEE INSTITUTE OF INFORMATION TECHNOLOGY SANTIPUR,MECHEDA,KOLAGHAT,PURBA MEDINIPUR,PIN 721137,W.B. SERVICE PROVIDER Address for service in India/Agents address: KOLKATA TRADE MARK SERVICE. 71, CANNING STREET (BAGREE MARKET) 5TH FLOOR, ROOM NO. C 524 KOLKATA 700 001,WEST BENGAL. Used Since :10/06/2006 KOLKATA EDUCATION, PROVIDING OF TRAINING, TEACHING, COACHING AND LEARNING OF COMPUTER, SPOKEN ENGLISH, CALL CENTER, PUBLIC SCHOOL. 3708 Trade Marks Journal No: 1771 , 14/11/2016 Class 41 1847931 06/08/2009 UNIVERSITY OF WESTERN SYDNEY GREAT WESTERN HIGHWAY, WERRINGTON, NEW SOUTH WALES, 2747, AUSTRALIA. SERVICE PROVIDERS. AN AUSTRALIAN UNIVERSITY. Address for service in India/Agents address: S. MAJUMDAR & CO. 5, HARISH MUKHERJEE ROAD, KOLKATA - 700 025, INDIA. Proposed to be Used KOLKATA EDUCATIONAL SERVICES, INCLUDING THE PROVISION OF SUCH SERVICES FROM A COMPUTER DATABASE OR THE INTERNET, THE CONDUCT OF EDUCATIONAL COURSES AND LECTURES, AND
    [Show full text]
  • Admitted Candidates List
    Candidate List For Exam - Center Wise Session: April 2017 Online Session Type: Online Session Center Chennai Venue: Edu Surge Chennai Old No 74, New No 165, 3rd Floor, Chettiyar Hall, TTK Road, Alwarpet, Chennai 600018 Ph No 044 43534811 Sr. No Candidate Name Computer No. Roll Number Paper Air Craft Exam Date Exam Time 1 Muthu Kumaran P P-11034378 17250001 CPLG (1) Air Navigation -- 03/05/2017 Afternoon 15:00 Hrs CPLG (2) Aviation 2 RITTU RAJAN P-17452315 -- 04/05/2017 Afternoon 15:00 Hrs 17250002 Meteorology 3 CPLG (3) Air Regulation -- 05/05/2017 Afternoon 15:00 Hrs ATPLG (2) Aviation 4 Vinod Sivadasan P-04018048 -- 05/05/2017 Morning 10:00 Hrs 17250003 Meteorology 5 ATPLG (4) Air Regulation -- 05/05/2017 Afternoon 15:00 Hrs SAAJVIGNESHA CPLCG (1) Air Navigation 6 P-12448585 -- 04/05/2017 Afternoon 15:00 Hrs JAYARAM JOTHY 17250004 Comp 7 CPLCG (2) Air Regulation -- 05/05/2017 Afternoon 15:00 Hrs 8 Chakshender Kumar P-09028923 17250005 ATPLG (1) Air Navigation -- 03/05/2017 Morning 10:00 Hrs 9 SANAL IYPE JOHN P-17452273 17250006 CPLG (1) Air Navigation -- 03/05/2017 Afternoon 15:00 Hrs CPLG (2) Aviation 10 -- 04/05/2017 Afternoon 15:00 Hrs Meteorology 11 CPLG (3) Air Regulation -- 05/05/2017 Afternoon 15:00 Hrs ATPLG (3) Radio Aids and 12 Dhruv Mendiratta P-07024203 -- 04/05/2017 Morning 10:00 Hrs 17250007 Insts MOHAMMED YASEEN CPLCG (1) Air Navigation 13 P-11447726 -- 04/05/2017 Afternoon 15:00 Hrs MUSTAFFA 17250008 Comp 14 Swati - Pahwa P-06023443 17250009 ATPLG (1) Air Navigation -- 03/05/2017 Morning 10:00 Hrs ATPLG (3) Radio Aids
    [Show full text]
  • David Coleman Headley: Tinker, Tailor, American, Lashkar-E-Taibah, ISI Spy
    David Coleman Headley: Tinker, Tailor, American, Lashkar-e-Taibah, ISI Spy Introduction David Coleman Headley, the monstrous Lashkar-e-Taibah (LeT) terrorist who played a vital role on behalf of the LeT and its patron, the Pakistani intelligence agency the Inter-Services Intelligence (ISI), in carrying out the November 2008 Mumbai terrorist attacks and is presently serving a 35-year prison term in the US, has been in the news on multiple accounts in the last few weeks. Reports in the media in late July claimed that Headley had been brutally attacked by two prison inmates and had suffered grievous injuries. He had been rushed to the critical care unit of North Evanston hospital in Chicago, where he was battling for his life. However, a day after they appeared, Headley's lawyer John Theis refuted these media reports saying that "I am in regular communication with Headley. There is no basis for the reports…. Although I cannot disclose his location, he is neither in Chicago nor in a hospital". It therefore transpires that either the media have been patently ill-informed or Headley's lawyer is very keen to keep the attack under wraps. Why the media would want to waste valuable print space on an incident that never occurred is as baffling as any effort by Headley's lawyer to hush up a beating that his client was subjected to. That said, there is really little about Headley that is not intriguing. Headley again figured in the news in the third week of August when the Pakistan government took the daft and highly insensitive decision to include Headley's half-brother, Daniyal Gilani, in the official four-member delegation that it sent to New Delhi to attend the last rites of former Indian Prime Minister Atal Bihari Vajpayee.
    [Show full text]
  • 26/11: SC Upholds Acquittal of Fahim Ansari, Sabauddin Shaikh - Ibnlive
    26/11: SC upholds acquittal of Fahim Ansari, Sabauddin Shaikh - IBNLive http://ibnlive.in.com/news/2611-sc-upholds-acquittal-of-fahim-ansari-sabauddin-shaikh/286515... NEWS CJ LATEST POLITICS INDIA MOVIES WORLD CUP SPORTS CRICKETNEXT BUZZ TENNIS TECH MORE INDIA India Global India Blog Education Photos Video Tripura Manipur Nagaland Meghalaya Mizoram More IBNLIVE » INDIA 26/11: SC upholds acquittal of Fahim Ansari, Sabauddin Shaikh 2 08 35 25 Download Cleaner for Mac Clean Mac files Right Now. Award-winning System Utility! mackeeper.zeobit.com Ads by Google CNN-IBN New Delhi: The Supreme Court has upheld acquittal of the 26/11 co-accused Aug 29, 2012 at 05:47pm Fahim Harshad Mohammad Yusuf Ansari and Sabauddin Ahmed Shaikh. The two IST were accused of providing topographical details to the Mumbai attackers. The court observed that the evidence shows that conspiracy behind the 26/11 strike was Follow hatched in Pakistan. #26/11 Mumbai terror The Maharashtra government's had challenged the acquittal of the two. Ansari and attacks #Fahim Ansari Shaikh were acquitted by the Bombay High High Court due to inadequate #Sabauddin Shaikh evidence. #Mumbai #Supreme Court #Ajmal Kasab Special Public Prosecutor Ujjwal Nikam put up a brave face by saying that the two 4 11 1 of 7 10.6.2014 13:24 26/11: SC upholds acquittal of Fahim Ansari, Sabauddin Shaikh - IBNLive http://ibnlive.in.com/news/2611-sc-upholds-acquittal-of-fahim-ansari-sabauddin-shaikh/286515... were let off because of insufficient evidence and it was not possible to collect proofs. The two were accused of providing topographical details to the 26/11 Mumbai attackers.
    [Show full text]
  • Style Attacks and the Threat from Lashkar-E-Taiba
    PROTECTING THE HOMELAND AGAINST MUMBAI- STYLE ATTACKS AND THE THREAT FROM LASHKAR-E-TAIBA HEARING BEFORE THE SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE OF THE COMMITTEE ON HOMELAND SECURITY HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION JUNE 12, 2013 Serial No. 113–21 Printed for the use of the Committee on Homeland Security Available via the World Wide Web: http://www.gpo.gov/fdsys/ U.S. GOVERNMENT PRINTING OFFICE 85–686 PDF WASHINGTON : 2013 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 COMMITTEE ON HOMELAND SECURITY MICHAEL T. MCCAUL, Texas, Chairman LAMAR SMITH, Texas BENNIE G. THOMPSON, Mississippi PETER T. KING, New York LORETTA SANCHEZ, California MIKE ROGERS, Alabama SHEILA JACKSON LEE, Texas PAUL C. BROUN, Georgia YVETTE D. CLARKE, New York CANDICE S. MILLER, Michigan, Vice Chair BRIAN HIGGINS, New York PATRICK MEEHAN, Pennsylvania CEDRIC L. RICHMOND, Louisiana JEFF DUNCAN, South Carolina WILLIAM R. KEATING, Massachusetts TOM MARINO, Pennsylvania RON BARBER, Arizona JASON CHAFFETZ, Utah DONDALD M. PAYNE, JR., New Jersey STEVEN M. PALAZZO, Mississippi BETO O’ROURKE, Texas LOU BARLETTA, Pennsylvania TULSI GABBARD, Hawaii CHRIS STEWART, Utah FILEMON VELA, Texas RICHARD HUDSON, North Carolina STEVEN A. HORSFORD, Nevada STEVE DAINES, Montana ERIC SWALWELL, California SUSAN W. BROOKS, Indiana SCOTT PERRY, Pennsylvania MARK SANFORD, South Carolina GREG HILL, Chief of Staff MICHAEL GEFFROY, Deputy Chief of Staff/Chief Counsel MICHAEL S. TWINCHEK, Chief Clerk I. LANIER AVANT, Minority Staff Director SUBCOMMITTEE ON COUNTERTERRORISM AND INTELLIGENCE PETER T.
    [Show full text]
  • Indian False Flag Operations
    Center for Global & Strategic Studies Islamabad INDIAN FALSE FLAG OPERATIONS By Mr. Tauqir – Member Advisory Board CGSS Terminology and Genealogy The term false flag has been used symbolically and it denotes the purposeful misrepresentation of an actor’s objectives or associations. The lineage of this term is drawn from maritime affairs where ships raise a false flag to disguise themselves and hide their original identity and intent. In this milieu, the false flag was usually used by pirates to conceal themselves as civilian or merchant ships and to prevent their targets from escaping away or to stall them while preparing for a battle. In other cases, false flags of ships were raised to blame the attack on someone else. A false flag operation can be defined as follows: “A covert operation designed to deceive; the deception creates the appearance of a particular party, group, or nation being responsible for some activity, disguising the actual source of responsibility.” These operations are purposefully carried out to deceive public about the culprits and perpetrators. This phenomenon has become a normal practice in recent years as rulers often opt for this approach to justify their actions. It is also used for fabrication and fraudulently accuse or allege in order to rationalize the aggression. Similarly, it is a tool of coercion which is often used to provoke or justify a war against adversaries. In addition, false flag operations could be a single event or a series of deceptive incidents materializing a long-term strategy. A primary modern case of such operations was accusation on Iraqi President Saddam Hussain for possessing weapons of mass-destruction ‘WMD’, which were not found after NATO forces, waged a war on Iraq.
    [Show full text]
  • 01 Decembe 2020
    EDITORIAL C L O S E R T O P U N I S H M E N T MORE DETAILS EMERGE ABOUT TAHAWWUR RANA’S ROLE IN THE 26/11 ATTACKS More than 12 years since the dastardly attacks across prominent locations in Mumbai, its key conspirators have continued to evade justice in India. While nine of the attackers were shot dead by the police between November 26 29, 2008, one of them, Ajmal Kasab, was apprehended and sentenced to death after a trial that revealed the conspiracy and planning by LeT operatives among others responsible for the attacks. One among the foreign collaborators is Tahawwur Rana, who conspired with former FBI agent David Headley to assist the LeT in the planning and execution. Rana, a Pakistani Canadian citizen, was found guilty by a U.S. court in 2011 of providing material support to the LeT and planning an attack on the offices of the Danish newspaper, Jyllands-Posten, and was later sentenced to 14 years in prison. Unlike Headley, who escaped extradition after entering into a plea bargain with the U.S. prosecutors and was sentenced to 35 years in prison, Rana was acquitted in the U.S. of charges of involvement in the 2008 terror attacks. An Illinois court commuted his jail sentence that was scheduled to end in September 2021, after he tested positive for COVID 19; this has opened the window for his extradition to India. Rana, according to Headley, had helped him to open an immigration firm in Mumbai, which was used by Headley to survey targets chosen by the LeT.
    [Show full text]