The Special Cell of Delhi Police filed its final report before Additional Sessions Judge Daya Prakash against the two top IM men under various sections of the IPC including 307 (attempt to murder), 120B (criminal conspiracy) and under the provisions of Unlawful Activities (Prevention) Act and the Arms Act. (Agencies)
The police claimed in the chargesheet that IM's Indian chief Yasin Bhatkal was instructed by Pakistan-based handlers to carry out terror attacks just before the beginning of 2010 Commonwealth Games (CWG) which were held in Delhi.
It said the conspiracy for the attack was hatched to "dissuade foreign nations from participating in the same (CWG) and to portray the image of India, the host nation, as a weak and disturbed nation".
The police said that in pursuance to the conspiracy, Yasin had procured one carbine and one pistol and the initial plan was to target foreign tourists at the German Bakery at Paharganj here.
It further said that in mid 2010, accused Qateel Siddiqui, who had died under mysterious circumstances in Pune Yerawada Jail in 2012, had hurt himself due to accidental firing of the carbine and the plan to strike at German Bakery was aborted.
It said thereafter, Yasin Bhatkal planned to carry out terror strike at the Jama Masjid and on September 19, 2010, IM operatives opened fire at tourists de-boarding a bus near gate number 3 of the mosque.
Bhatkal had also planted a pressure cooker IED in a car outside the Jama Masjid and a mild explosion had taken place after the firing incident, it said.
The court has now fixed the chargesheet for scrutiny on April 30.
The police had told the court that on September 19, 2010, two bikers had fired on tourists at the gate of Jama Masjid in Old Delhi area and two Taiwanese, Ku-Ze-Wei and Ko-chiange, had sustained bullet injuries whereas a bomb was fitted in a car parked in the area.
Bhatkal and Akhtar were arrested by National Investigation Agency (NIA) from Indo-Nepal border on the night of August 28 last year. They were wanted for their roles in a string of terror attacks in the country.
The court had earlier in March allowed the plea of police seeking 15 days time to complete its probe against Bhatkal and Akhtar.
The Special Cell, in its charge sheet against Bhatkal and Akhtar, claimed that earlier seven accused including Siddiqui were arrested and chargesheeted in connection with the case and during the investigation, they had disclosed that they were members of IM.
It said that after the plan to carry out attack at German Bakery in Paharganj here failed, Pakistan-based top IM leaders sent Pakistani national and IM operative Zia-ur-Rehman alias Waqas, who was recently arrested, and Tabrez for the terror strike.
"All the accused persons then conspired together and decided that a terror attack be carried out in Delhi on the occasion of anniversary of Batla House encounter, that is, on September 19, 2010. It was decided that foreign tourists found near the Jama Masjid would be randomly shot and a secondary bomb blast will be executed," it said.
Police alleged Siddiqui and accused Adil went on a stolen motorcycle and fired at the tourists at gate number three of Jama Masjid whereas Yasin Bhatkal had parked the car, in which the bomb was planted, in the area.
The police said that during the investigation, Akhtar had disclosed that towards the end of July 2010, IM co founder Riyaz Bhatkal had told him that India was hosting CWG and it was a perfect time to carry out a terror strike as anniversary of the September 19, 2008 Batla House encounter was also coming up.
"Riyaz had also told him (Akhtar) that Yasin had made a plan for attacking foreigners in Delhi and Pakistani national namely Adil had been sent to India to assist Yasin in this task," the police said.
The chargesheet also said that a pistol and a carbine with bullets were arranged by Yasin who had decided that ate number three of Jama Masjid was a suitable place to carry out the strike as foreigners used to come there on a frequent basis.
"The accused voluntarily and actively participated in the conspiracy and planning leading to the firing at foreigners in Jama Masjid and planting of IED," it said.
The Special Cell of Delhi Police filed its final report before Additional Sessions Judge Daya Prakash against the two top IM men under various sections of the IPC including 307 (attempt to murder), 120B (criminal conspiracy) and under the provisions of Unlawful Activities (Prevention) Act and the Arms Act.