New Delhi: Militant groups providing funds to jailed, slain militants' kin work as motivational reassurance to its prospective cadres, said a Delhi court which on Friday ordered framing of charges against four alleged members of Hizb-ul-Mujahideen (HM) after prima facie finding that they received funds from Pakistan for carrying out militant activities in Jammu and Kashmir.
Special Judge Parveen Singh noted that in the case, also involving HM commander Syed Salahuddin, the outfit had created a frontal organization in the name of JKART (Jammu Kashmir Affectees Relief Trust) and the purpose of the trust was to fund militant activities and mainly to provide funds for the militants and their families.
The judge said every militant organisation needs funds to continue its activities, to provide salary, stipend and incentives to its cadres, for procurement of arms and ammunition and further, for taking care of incarcerated terrorists and the families of the militants who have been slain by the security forces. The last part, though does not directly seem to be a funding to the militant activities, but is in fact an integral part of militant activities.
I say so because, it is human tendency to take care of one's family and that tendency can become a de-motivating factor to some of the militants if they know, that after their capture or death, their family would be left in penury, the judge said. He, however, said if a militant organization continues to provide for the families of its members who have been killed or captured, it is a huge motivational reassurance to its prospective cadres and cadres in strength to continue to operate for that organization.
Therefore, provision of funds to jailed cadres and their families and the families of slain militants is funding of militant activities, he said while ordering framing of charges against Muhammad Shafi Shah, TalibLali, Muzzafar Ahmad Dar and Mushtaq Ahmad Lone for prima facie entering into a larger conspiracy (section 120-B of IPC) of waging war against India (Section 121-A of IPC).
They were also charged for the offence of raising funds and distributing it for terrorist acts (section 17 and 40 of UAPA), being a member of proscribed militant organization (section 20 of UAPA) and other offences. The court said that the fact that JKART is a frontal organization of HM is established prima facie by the testimonies of protected witnesses. The witnesses have further stated that overall control - administrative and operational control (of JKART) is with Syed Salahuddin.
The objectives were to raise funds in the garb of relief for 'affectees' of militancy in Jammu and Kashmir. Though, it is an irony that these 'affectees' were either militants or their family members. The witnesses have further stated that these funds were raised by different individuals, organizations and countries including ISI of Pakistan, the court observed.