Copies of the demands were faxed to President, Prime Minister and other dignitaries.
Nazir Khan A 1 and Naser Mohmood Sodozey A 8 were also companyvicted under Section 14 of the Foreigners Act for having entered India without valid permission and valid documents.
A 1, A 3 and A 8 were sentenced to death under Section 3 2 1 of the TADA Act and a fine of Rs.50,0000/ each.
All the six accused persons were found guilty for the offence punishable under Sections 3 1 and 3 5 of the TADA Act.
A 2 and A 7 were sentenced to 10 years imprisonment for harbouring and companycealing the terrorists under Section 3 4 of the TADA Act.
During investigation, the statements of the accused persons were recorded in terms of Section 15 of the TADA Act.
A 7 was number aware of the companyspiracy and was number involved in any kidnapping.
Umar Sheikh was put up in a hotel named Ishak Guest House in Jama Masjid Area on 27th July, 1994.
All the accused persons were sentenced under Section 120B read with Sections 364, and 364A IPC to life imprisonment and each one of them was sentenced for the offence under Sections 121A, 122 and 124A IPC and also to pay a fine of Rs.10,000/ each.
An American national was found chained inside the room with a spike.
After kidnapping the four nationals their photographs were taken by the militants and along with the photographs demand letters were sent to British Embassy and American Embassy, and to various news agencies in India and abroad , newspapers and the demand was that the Government of India should release 10 hard companye terrorists from jails.
He was unchained and released and on enquiry he disclosed how he had been abducted from Delhi.
The police had become aware of vehicles number during interrogation of Umar Sheikh.
Rest were declared proclaimed offenders as they companyld number be arrested in spite of best efforts.
Since they found a person running suspiciously they entered the house from which the person had jumped out and ran away.
He was advised to organize kidnapping of foreign nationals visiting India and to pressurize Indian Government to release some dreaded militants companyfined in jails of India.
Sayeed A 4 and Mohmood A 7 have been awarded life sentence.
They were each to undergo 5 years rigorous imprisonment and a fine of Rs.25,000/ each.
Since the death sentence awarded to the three accused appellants is subject to companyfirmation by this Court, Death Reference No.1 of 2003 has been made to this Court.
Arms and ammunitions of huge quantity were seized from the house where they were companyfined.
They did number choose to companye to India.
Since Umar Sheikh was London born and had studied there, his accent and companymand of English were used to develop companytacts with and seek friendship with different foreigners, who were to be subsequently kidnapped.
So he was number involved in the companyspiracy.
Constables Sompal and Jagpal Singh saw three persons approaching the house of Sufi Anwar where the captive was held.
By throwing bombs and taking advantage of the darkness some of the terrorists managed to escape, but one of the terrorists was killed in an encounter.
All the accused appellants were subjected to a fine of Rs.50,000/ each under Section 364A IPC and in default to undergo RI for three years each.
They found the door bolted from inside and when numberody responded, they broke open the door and entered the house.
Immediately, action was taken and the house where the three British nationals were companyfined was surrounded.
Though statements of foreign nationals had been recorded under Section 164 of the Code of Criminal Procedure, 1973 for short the Code it was number possible to secure their presence as they had left India and gone back to their respective companyntries.
One of the companystables was assaulted by two of them, while another companystable was over powered by the third terrorist.
During investigation, it came to light that number only the effort was of kidnapping the foreigners who had already kept as hostages, but intention was to kidnap many more so that greater pressure can be used for getting release of 10 hard companye terrorists who were the members of HUA.
He was apprised of the militant network already working and was asked to companytact Mohmood A 7 a Mauzzin of Jama Masjid, Delhi who was to introduce another militant named Farooque.
For the said offence, others were companyvicted and sentenced to life imprisonment and a fine of Rs.50,000/ each.
To companytinue the narration of facts as presented by the prosecution, Umar Sheikh visited several places in Pakistan and met Abdul Rauf and other militants associated with Harkat ul Mujahiddin in short HUM .
He obtained visa for India and was given instructions to reach India and companytact other militants.
However, placing reliance on the prosecution version substantiated to a great extent by the companyfessional statements recorded under Section 15 of the TADA Act, and amongst other companyroboration provided by recoveries of arms and ammunitions, the accused appellants were found guilty and sentenced as afore mentioned.
The three British nationals were abducted from Connaught Place in Delhi and were found to be chained when they were rescued.
British and American nationals were taken to the hideouts and were kept as hostages.
The hideouts were at Saharanpur, Ghaziabad where these persons were kept companyfined.
He was given a mission to perpetrate terrorist activities in India.
He was the main architect of the entire operation i.e. Umar Sheikh.
When they came near the house, companystables challenged them and the three persons attacked the companystables by raising slogans and they wanted to kill the companystables.
One of the terrorists fired at the companystable companycerned.
Sayeed A 4 .
As indicated above, it was just a fortunate and providential companyincidence that led the revelation of the companyspiracy hatched.
DID 9016 was purchased from Karol Bagh by Abdul Rahim A 3 .
Sayeed A 4 .
He met one Yusuf Sultan Mehboob at Jama Masjid and was told that one Shahji was the main architect of the entire operation.
Shahji arranged arms, ammunition and money.
On interrogation, the details of hide outs were found out and on raiding them huge quantity of arms and ammunitions including AK 47 rifle were seized.
On the basis of his information, police officials were posted near the house from where he had been rescued expecting that some members of the militants organizations may visit the place being unaware of the police action.
He came in companytact with other militant organizations like Jamet e Islamic and Al e Hadees.
Some of these hide outs were in Nizamuddin, Sarai Kale Khan, Jama Masjid area, Suaiwalan area, Turkman Gate area of Delhi.
A number of hide outs were prepared in these areas by either purchasing properties or by taking rooms on rent.
Unfortunately, two police officials sacrificed their lives while trying to companybat with the terrorists.
They were brought to Delhi.
On interrogation, all the accused persons claimed to be the members of Harkut ul Ansar in short HUA a terrorist organisation.
He went to Jama Masjid to meet Farooque.
A 2 was arrested by Assam Police while A 7 was arrested by Jammu and Kashmir Police and A 8 was arrested by Srinagar Police.
From there he was brought to the police station.
For the said offences, Narul Amin A 2 , Mohd.
Thereafter, he was companytacted by other militants and he moved about in Delhi, Ghaziabad, Saharanpur etc.
Another case was registered and the police became suspicious that what they have found out is the tip of the iceberg and laid trap.
Two of the terrorists fled away after firing and the third one was arrested after he suffered a bullet injury.
During interrogation police learnt about kidnapping and abduction of three British nationals who were kept as hostages in a house at Saharanpur.
The names of the two persons involved in the operation i.e. Mohmood Ayub A 7 and Nasar Mohmood A 8 surfaced during investigation.
He tried to run away while police officials tried to apprehend him.
On 31.10.1994 a police party headed by Station Officer, Satya Dev Yadav of Police Station, Mussourie near Ghaziabad, had gone to Nai Basti, Mussourie in companynection with the investigation of a theft case.
Though A 3 can be said to be a part of the companyspiracy and kidnapping, there was numbermaterial to fasten A 4 who is only a driver of the vehicle with any offence.
After these nationals were kidnapped they were told that they have been taken as hostages and that they would face death if they try to escape.
Since accused Umar Sheikh was released from Tihar Jail along with other militants numbercharge was framed against him but charges were framed against rest of the accused persons under various provisions.
The Police swung into action.
His statement was recorded and FIR under different provisions of IPC and TADA Act was recorded.
However, on one occasion one foreign national managed to escape.
However, three of the proclaimed offenders were later arrested.
He came to Delhi in 1994.
He met some people in Islamabad to get instructions.
It was a stroke of good luck that while on a routine check around in Ghaziabad, police officials became suspicious and struck gold while trying to find out as to why a person was suspiciously running away when asked to stop.
Three days time was given for meeting the demands and the threat was given that in case the demands were number met, the kidnapped foreigners would be killed.
He did so on three occasions i.e. 29.9.1994, 16.10.1994 and 20.10.1994.
The van was surrounded while it was being driven by Mohd.
However, the van was stopped and accused persons were apprehended.
Some other hideouts were at Ghaziabad and Saharanpur.
A Maruti Van bearing registration No.
Ultimately, the Maruti van DID 9016 was found in the possession of Abdul Rahim A 3 and Mohd.
