Talking with Pak number doesn't prove conspiracy for terror plot, 5 men acquitted

New Delhi: In a significant verdict, a Delhi court acquitted five persons facing charges of a terror plot on Monday.

The court observed that recovery of the mobile phones and SIM cards used to converse with a Pakistani number was not sufficient to prove a conspiracy of the terror plot, according to The Indian Express.

The call records, according to the court, could prove Indian citizens conversed on one end with a person using a Pakistan mobile number on the other end.

Mohd Shahid, Mohd Rashid, Ashabuddin, Abdul Subhan and Arshad Khan were facing charges under Section 120 B of the Indian Penal Code and several sections of the Unlawful Activities (Prevention) Act.

The court refused to accept the evidence given as sufficient for proving the existence of any conspiracy.

In 2001, CBI arrested Subhan and Ashabuddin for allegedly carrying a consignment of explosives and weapons in Gujarat.

The prosecution alleged that Subhan came out of jail in 2010, but the communal riots in Rajasthan in the following year "kindled his passion for jihad", according to the report.

The prosecution reportedly further alleged Subhan had a plan to kidnap a businessman to raise funds for jihad.

The accused were allegedly also in touch with a Pakistan-based terrorist, Javed Balluchi.

The court, however, blunted the allegation, saying there was nothing on record to establish the Pakistani number belonged to the terrorist Javed Balluchi.

The investigation agency was seemingly not sure about the terrorist's real name, as it referred to Javed Balluchi as Javed Wadaich and Javed Chaudhary in the records, the court reportedly observed.

The court said the investigating agency made no efforts to establish identity of Javed Balluchi, and wondered if Javed Balluchi actually exists or if some mischievous was acting under a fake identity.