Monday, July 26, 2010
Criminal history of Sohrabbuddin
Teesta's "secular petty criminal" was no innocent lad!
Sohrabbuddin was not an ordinary criminal as projected by the petitioner in the alleged encounter case. Sohrabuddin had spread his tentacles in four states viz. Gujarat, Rajasthan, MP and Maharashtra. He was working in tandem with mafia dons like late Abdul Latif and Daud Ibrahim. With the active support of Dawood Ibrahim, Rasul Parti, and Mammumiya Panjumia, he was continuously smuggling in dangerous weapons and other contraband from Pakistan. In one case alone, detected by the DCB crime branch of Ahmedabad, 24 AK-56 rifles, 27 Hand grenades, 5250 cartridges and 81 magazines were recovered from one of his family owned property in Madhya Pradesh.
The details of Sohrabbuddin’s offences registered in different states are as under.
(1) DCB PS Ahmedabad CR No.11/94:
In this case, after the demolition of Babri Masjid, Sohrabbuddin and other accused had indulged in criminal conspiracy with a view to wage war against the Government of India by collecting and distributing arms and ammunition illegally and distributing them to attack during annual Lord Jagannath Rath Yatra in the year 1993 with a view to spread terror among the citizens of Ahmedabad City. After investigation, charge sheet was filed against 60 accused including Sohrabbuddin. During investigation 24 AK-56 rifles, 27 hand grenades, 5250 cartridges, 81 Magazines were recovered from the well located in the agricultural field of Sohrabbuddin. Sohrabbuddin was arrested on 9.11.1995 and was taken in police custody remand up to 9.12.1995.
(i) In this case, Sohrabbuddin along with 60 notorious accused was involved. All accused were arrested except (1) Dawood Abrahim, (2) Mammu Maiya Punju Miya (3) Farooq, (4) Ahmed (6) Sharif Khan, (7) Rasul Patti, (8) Syed Ali and seven others.
(ii) All 60 accused were tried in the Court of Designated Judge at Ahmedabad. The accused in this case were anti-national and anti-social persons having criminal antecedents and were associated with Dawood and Latif’s gang.
(iii) Number of accused who had absconded, are yet to be arrested. Amongst them are anti national criminals such as Dawood Ibrahim, Rasulkhan Party, Sharifkhan @ Dawood Shamsher. Red corner notices have been issued by Interpol for arrest of Rasul Party, Sharifkhan, Dawood Ibrahim. Dawood Ibrahim has been declared international terrorist.
(iv) It is evident that Sohrabbuddin was one of India based leader of these notorious criminals and their gangs. During investigation, Sohrabbuddin confessed to his involvement in this serious offence.
(v) The brief facts of his confession is mentioned in the judgment of this case which is as under:-
(Accused No.26: Sohrabbuddin @ Salimbhai Anvaruddin Shaikh: In his confessional statement he had stated that
he knew Sharifkhan since 1980. He came in contact with Shamim and Babukhan when he was driving a truck in Mahijpur. In March 1994 during the EID he went to meet Mahijpur to meet Shamimkhan and Sharrifkhan and met him at the residence of Shamimkhan. Sharifkhan told him that he was going to purchase one or two trucks and offered him to serve with him. Thereafter he purchased one truck. The driver Pappukhan was the younger brother of Shamimkhan and the conductor of the truck was Afzalkhan and the number of the truck was MOU-686. In may and June 1994 two trips carrying brown sugar in the truck were done by him at the instance of Sharifkhan to Bombay. In April 1994 he was told by Sharifkhan to go to Ahmedabad. He came to Ahmedabad, stayed in Ajanta Hotel in the name of Shohrab and as per the instruction of Sharifkhan, one Sattar Chacha handed over a box to him in the hotel. He brought the said box and handed over the same to Sharifkhan. The box contained 9mm pistols and cartridges. Again he came to Ahmedabad at the instance of Sharifkhan and stayed in Ajanta Hotel where one person handed over Rs. 1 lac as per the instruction issued by Sharifkhan who in turn handed over the same to Sharifkhan at Mahijpur. In June 1994 he came to Ahmedabad along with the cleaner of the truck and he stayed in Ajanta Hotel at Mirzapur. One person came to the hotel and handed over to him one box. The box contained 30 carbine guns and 100 cartridges. He in turn handed over the said box to Ajjukhan who was an accomplice of Sharifkhan and who went to Mahijpur with the box in the truck. He himself went to Mahijpur by train. In July 1994 he again came to Ahmedabad at the instance of Sharifkhan. Sharifkhan had told him that silver belonging to him was lying in Ahmedabad and therefore he was instructed to come to Ahmedabad along with Shamim Pappukhan the driver and Afzal the conductor. He went to Ahmedabad in Truck No.MOU-686. Pappu and Afzal had gone to one factory for the purpose of unloading the goods while he himself and Shamim dropped down at Kathwada and then they came to Astodia. He stayed in Hotel Ajanta. Sharifkhan had given him three currency notes of Rs. 100/- denomination and told them that if the notes were shown to the persons approaching them then he would talk with them. Thereafter he had a talk with Sharifkhan on telephone at Mahijpur. He gave the instruction to change the Hotel. Shamim was asked to stay in Hotel Ajanta while he went to stay in A-1 Guest House near Railway Station and stayed there. Thereafter he contacted Sharifkhan on telephone from A-1 Guest House and on next day at 4.00 p.m., two persons came to the guest house. He had shown the currency notes which were given by Sharifkhan. Thereafter as per their previously hatched plan, he followed the two persons in the auto rickshaw and the persons who came to the guest house followed them on Yamaha. Thereafter they went to the Amardeep Transport where Pappu, the driver of the truck, met him and informed him that the truck was loaded. Thereafter he, Shamim, Afzal and one unknown person followed the Yamaha motor cycle in a truck. The truck was taken near one mosque at Vatva. Thereafter, the persons who came on Yamaha motor cycle requested them to wait. At about 10.00 p.m., three pardanashin ladies came in the Maruti van with three persons including two persons who came on Yamaha. The name of one of the lady was Zarina. The Maruti Van was parked near the truck and the box lying in the Maruti van was loaded on to the truck. Thus, nine long boxes were loaded in the truck. Thereafter, he sat near the driver’s seat with Pappu and went to Mahijipur. Sharifkhan in the mean while managed one truck bearing No. MP-14-B-9177 Tata 1210 LP. The weapons were subsequently shifted in the said truck with help of Afzal and Shamim. It contained 32 AK-56 rifles, cartridges and magazines. The transfer of weapons was made near the pond situated at some distance from Mahijpur. Sharifkhan thereafter told him to keep the weapons at his residence for some days. During the night hours the weapons were kept in the back portion of his house. On the next day he purchased four containers and the weapons were put in the containers and few of them were buried. Sharifkhan, in the month of October-November, came in Maruti Van bearing No. DL-2-8224 and they met at the house of Shamim and at that time Afzal informed that some persons have come from Gujarat and they were interrogating Pappukhan at Malva Transport. In December, January and as well as in February he stayed in Ahmedabad. Salim and Rafiq RD came in Maruti Car bearing No. CTK-4605. He came along with them to Zarania and thereafter they went to the well situated in his field. He had brought 4 AK-56 Rifles, 8 to 10 magazines and one box of cartridges. Then he went with them to Indore and from there he had returned to Ujjain. Subsequently he came to Ahmedabad at the instance of Sharifkhan and stayed in the house of his sister Ramzani Gandhi. Thereafter again in the month of June 1995 he went to M.P. where police came to have a search at his place. He apprehended danger and therefore to conceal weapons, he threw all the weapons in the well and bombs and cartridges were buried near the well."
The order of conviction in judgement read:-
“ The accused no.1 YUSUFKHAN ALIAS LAPLAP KHUDDADKHAN PATHAN, accused no.2 SHIRAZMIYA AKBARMIYA THAKORE, accused no.5 SAJIDALI ALIAS DENI MOHEMADALI SAIYED, accused no.13 IQBAL ALIAS BAPU SAIYEDHUSSEIN SAIYED, accused no.15 GAJNAFARKHAN ALIAS BABU MINNAKHAN PATHAN, accused no.26 SOHRABBUDDIN ALIAS SALIM ANVARUDDIN SHAIKH, accused no.32 ABDUL SATTAR ALIAS SATTAR BATTERY ABDULGANI SHAIKH accused no.33 ABDULRAOOF ALIAS RAOOF ABDULKADAR SHAIKH accused no.47 HUSSEINBHAI ALIAS BHAJIYA MOHHAMMEDBHAI PATANI and accused no.58 HUJAFARKHAN ALIAS NASHIR LUHAR UMARDARAJKHAN PATHAN are convicted for the offence punishable under sections 3 and 5 of the TADA ACT and sentenced to undergo FIVE YEARS RI under both the sections and to pay a fine of Rs.250/- each and total amount of fine to the tune of Rs.5oo/- in default to pay fine to undergo further RI of ONE MONTH EACH. They are further convicted for the offence punishable under sections 4,5, and 6 of the EXPLOSIVE SUBSTANCES ACT and sentenced to undergo FIVE YEARS RI and to pay a fine of Rs.500/- indefault topay fine to undergo further RI of ONE MONTH. They are further convicted for the offence punishable under section 7 and 25(1)(a) of the ARMS ACT and sentenced to undergo imprisonment.".
For enhancing the punishment awarded to the accused, the state government has gone in appeal which is pending before the Supreme Court.
(2) Offence registered at Vejalpur Police Station of Ahmedabad City CR-II-238/2007 under section 123 B, IPC, 25 (i), B, A of Arms Act, 135 (i) of Bombay Police Station. In this case, Sohrabbuddin @ Salim @ Samir Agrawal was arrested along with other accused. In this case, the accused indulged in criminal conspiracy to commit murder by arming themselves with weapons to extract money from a person who had failed to pay a loan taken by him. In this case, associate of Sohrabbuddin, Sharifkhan @ SK,(known as Chhota Dawood) is absconding and has taken shelter in Pakistan. Red corner notice has been issued by Interpol for arrest of Sharif Khan.
(3) Shahpur Police Station of Ahmedabad City CR No.-II-169/95 under Section 467, 468, 469, 471 of IPC under Section 25 (i), A (i), AA of Arms Act and Section 29, 1 (B3) of Explosive Act. In this case, 32 accused persons entered into a criminal conspiracy by forgery of documents to use them for obtaining No Objection Certificate with a view to obtain a license for transportation as well as purchase of prohibited pistols, revolvers and cartridges and other weapons with a view to indulge in criminal activities in the city of Ahmedabad. Sohrabbuddin was one of the accused along with other anti-national criminals like Rasul Party, Sharifkhan etc. He was charge-sheeted. Rasul khan, Ezazkhan, Sharifkhan are absconding. In this case, the Sessions court acquitted the accused. Against this acquittal, the State Government has filed appeals No. Crl. Revision Appeal. No. 285/2002 and No. 286/2002 which are pending in the High Court of Gujarat. Red corner notices has been issued for arrest of Rasul Party and Sharif Khan.
(4) Navrangpura Police Station of Ahmedabad City CR No.II-1124/04 under Section 307, 427 of IPC, Section 25(i) A. In this case, Sohrabbuddin along with 9 other accused persons had opened fire in the office of Popular Construction Ltd., and had attempted to murder with a view to intervene himself in a property dispute. In this case, all the 10 accused were arrested and chargesheeted. In this case, Shorabbuddin was also arrested. The brother of Sohrabbuddin, Niabuddin is also co-accused.
(1) Chandgad Police Station of Kolhapur District CR No.52/2000 under Section 307, 120(b), 147, 148, 149 of IPC and under Section 25(i) (3), 27 of Arms Act. At that time, Sohrabbuddin was known as Sohrabbudin @ Salman @ Salim Anvaruddin Kureshi. In this case, Sohrabbuddin was involved along with 5 other accused. In this case, Sohrabbuddin was absconding and declared as such. The case has been charge sheeted in Jurisdictional Court and is pending for trial. On 8.11.2000, the accused, who were riding motor cycles, opened fire on 2 persons at Old ST Stand and injured them greviously. In this case, Sohrabbuddin along with Praful @ Tulsi @ Samir, Jalil, and Ramzan Shah were involved. In this case, accused Jalil was arrested whereas Praful and Sohrabbuddin have absconded.
(2) Chandgad Police Station of Kolhapur District Crime Registration No.4/2005 under Section 302, 120(b), 34 of IPC and under Section 25(1) (3) and 27 of Arms Act. In this case, Sohrabbuddin along with 5 other accused involved in criminal conspiracy by arming themselves with illegal weapons and killed Gopal Tukaram Badivadekar. In this case, Sohrabbuddin was arrested whereas other 5 accused had absconded. In this case, charge sheet was filed and the case is pending for trial.
1. Nagda Police Station of Ujjain District of MP Crime Registration No.237/95 under Section 122, 123 IPC and sections 25, 27 of Arms Act. In this incident Sohrabbuddin was caught while selling arms. The case was investigated by local police and C.B.I.
2. Mahidpur Police Station of Ujjain District of MP Crime Registration No.166/95 under Section 122,123 of IPC and 25 and 27 of Arms. Act. In this incident fire arms were recovered from Sohrabbuddin. The case was initially investigated by the local police and later on by C.B.I.
3. Lasudia Police Station C.R No.346/2003 under section 419 IPC in this case on 23.07.2003 Sohrabbuddin along with one Juberbhai were caught riding a motor cycle with driving licence with bogus name. They were arrested and charge sheeted along with two more persons who facilitated bogus licence.
4. On 06-07-1999 Sohrabbuddin was detained under National Security Act (N.S.A) In this case, accused were arrested and later on released on bail and since then they are absconding. Sohrabbuddin was detained under National Security Act on 5.7.1999 by Madhya Pradesh Police.
(1) Hathipol Police Station of Udaipur District of Rajasthan State Crime Registration No.214/04 dated 31.12.2004 under Section 147, 148, 149, 302 IPC and Section 3/25 of Arms Act. In this case, Sohrabbuddin along with other 6 accused persons formed an unlawful assembly and opened fire with fire arms and killed one Hamid Lata at a busy thoroughfare of Suraj pole in the heart of Udaipur City. These accused had come on motor cycles. In this case, 2 accused were arrested whereas other 5 accused are absconding.
The deceased was killed after he was pointed out by Sohrabbuddin. In this case, charge sheet was filed in the jurisdictional court. A reward of Rs. 2,000/- was declared on 11.1.2005 for arrest or help in arrest of Sohrabbuddin. The letter was circulated to all concerned police units of Rajasthan. As more record of criminal antecedents of Sohrabbuddin came on record, Director General of Police of Rajasthan on 27.10.2005 declared a reward of Rs. 25,000/- for the arrest or help in arrest or for assistance in use of lawful force during arrest if he resisted arrest.
Role of Sohrabuddin’s family members:
The Petitioner namely Rubabuddin and his brothers were also aware of the movement and activity of Sohrabbuddin. These facts have come on record during inquiry and investigation conducted. The details are as under:-
 Conduct of Rubabbudin(petitioner in Supreme Court) - The Petitioner in his writ petitions and additional writ petitions, had concealed criminal antecedents and activities of Sohrabbuddin. In no petition he has stated that his brother was terrorist and involved in serious offences deliberately to project picture of Sohrabbuddin as an innocent person, nor such details he has given to media, to whom he has given many interviews.
Sohrabbuddin was absconding after committing an offence of murder, for which an offence was registered at SurajPole police station of Udaipur District of Rajasthan in day light at a major thoroughfare. A reward of Rs. 25,000/- was also declared for his arrest or information. However, Petitioner who has constantly maintained relations with Sohrabbuddin, never informed local police station or other jurisdiction police about Sohrabbuddin during period of his absconding to save him from arrest. In fact, all acts of omission and commission of trial by media by the Petitioner are to hide his own culpable misconduct. From the signed statement of Rubabbuddin given to inquiry officer and statement given to the Investigating Officer on 3-2-2007 on 1.4.2007 and on 25.7.2007 following facts have come on record.
1. Rubabuddin provided photographs of Sohrabbuddin and Kauserbi to the Inquiry officer which is borne out by statement given by Rubbabuddin. These photographs show visit to Agra by Sohrabbuddin and Kauserbi, as in the background “Taj Mahal” is visible.
2. Rubabuddin was also aware of the movement Sohrabbuddin while on run and was actually harbouring him alongwith his brother at Jharania house. It is evident from the subsequent paras in the signed statement given to inquiry officer on 25/07/06. From his statement, following additional information and facts are revealed.
(a) Brother Niamuddin informed Rubabuddin on 23/11/05 at 05.20 hrs about Sohrabbuddin and Kauserbi going to Sangli from Hyderabad by his mobile phone.
(b) Rubabuddin was aware of mobile telephone No. of Sohrabbuddin
(c) Brother Naibuddin was aware of Seat number of bus occupied by Sohrabbuddin and Kauserbi when they went out from Hyderabad.
In the signed statement of Petitioner recorded by Inquiry Officer of this encounter case on 03/02/07, petitioner Rubabuddin has confessed and gave facts that on 16/17-11-05 in the morning Sohrabbuddin and Kauserbi had gone out of house at Jharania to go to Indore and at that time Sohrabbuddin informed him that he and Kauser will go to Hyderabad and stay with one Kalimuddin (b) Rubabuddin was informed that Sohrabbuddin would travel in maruti car owned by Kalimuddin from Indore to Hyderabad bought from previous owner Dr.Prakash Bandel. (c) Sohrabbuddin and Kauser had stayed in their joint family house at Jharania for a week.(d) Sohrabbuddin was living in Indore at Hizrabad Colony in the house of Ibrahim. (e) Sohrabbuddin was living in the house of a relative of Azam Dadhi. (f) Medical treatment records of Kauserbi of Bombay and at Indore were with him. (g) He was not aware of goods lying in the houses occupied by Sohrabbuddin. (h) Sohrabbuddin informed him on 22/11/05 on telephone that he was going out to Hyderabad for treatment of Kauser and after that he would return to Jharania. (i) List of goods of Sohrabbuddin and Kauserbi in house at Jharania was given to Inquiry Officer. (j) Sohrabbuddin and Kauserbi used to attend all religious functions and social functions of relatives by coming at Jharania. Sohrabbuddin and Kauserbi used to come frequently to the house of Rubabuddin.
 Conduct of Sababuddin Anwaruddin Shaikh aged 42, Advocate (Brother of Sohrabbuddin.)
Sababuddin was arrested in Nagda Police Station (M.P) C.R No. 237/95 u/s 122,123 IPC and 25-A,27 of Arms Act. The case was initially investigated by local police and later on by C.B.I which charge sheeted the case against him and other ten accused. In this case his brother Sohrabbuddin was also co-accused. Sohrabbuddin was absconding after committing day light murder in major –cross ways at Suraj Pole area of Udaipur City on 31.12.2004 and was hiding. As per statement recorded during inquiry of Sohrabbuddin encounter, on 16/17 November, 2005, Sohrabbuddin and Kauserbi were present in their house and then from his house Sohrabbuddin and Kauserbi had gone to board a bus of Nagda private travels to go to Indore. Sababuddin was also enjoying confidence of Sohrabbuddin as he has also stated in his statement that Sohrabbuddin was to stay at the house of Kalamuddin.
 Conduct of Niabuddin s/o Anvaruddin, aged 31 brother of Sohrabbuddin.
On 3.2.2007, Niabuddin admitted in his signed statement before Inquiry Officer of State CID Crime (Inquiring into death of Sohrabbuddin) following facts.
(1) On 16/17.11.2005, Sohrabbuddin and Kauserbi had gone from Jharania village by a private bus to Indore and while going Sohrabbuddin disclosed that he is going to meet Kalimuddin.
(2) Sohrabbuddin and Kauserbi were living at Shalimar township, Devas Road in Indore.
(3) Rubabuddin had informed that Dr. Prakash Bandel’s maruti van was used by Sohrabbuddin.
(4) Sohrabbuddin and Kauserbi stayed for one week in their house in Jharania.
(5) Earlier Sohrabbuddin was living at 111, Khijrabad Colony on rent in the house of Ibrahim.
(6) Sohrabbuddin was also living in the house of relative of Azam Dodhi in Udaipur. Sohrabbuddin and Kauserbi were living alternatively in Udaipur and Indore in above mentioned houses.
(7) Where ever Sohrabbuddin used to go, Kauserbi used to accompany him.
(8) Sohrabbuddin before going out of Hyderabad had rang him up and told him that he was taking Kauserbi for treatment to Sangli.
(9) Sohrabbuddin got married with Kauserbi in the house of Samabhai Khanjipir, Machla Magra.
The statement shows that Naiumuddin was very much aware about Sohrabbuddin’s activities, places of stay and movement. However, in spite of knowing Sohrabbuddin as an absconder and wanted by police in many cases, he never informed police station and actively harboured Sohrabbuddin. Naimuddin is also wanted in Navrangpura Police station (Ahmedabad) in CR No. 1124/04 u/s 307, 427 of IPC and section 25 of the Arms act. In this case Sohrabbuddin was also a co-accused.
 Conduct of Jabbunisa W/o Anvaruddin Quereshi , 60 years R/o Jharnia (Mother of Sohrabbuddin).
From the signed statement given to inquiry officer, following facts have emerged.
(1) Sohrabbuddin’s mother admitted that she had five sons. (1) Sababbuddin, (2) Sohrabbuddin, (3) Shanawajuddin (4) Rubabuddin and (5) Niabuddin.
(2) She had admitted that her son Sohrabbuddin had gone to Hyderabad and from Hyderabad he was going to Sangli by bus for treatment of Kauserbi.
From the signed statement of mother Jabbunisa and three brothers Niabuddin, Sababbuddin, and Rubabbuddin as briefly stated herein above given to the Inquiry Officer, they all have accepetd that they were aware that Sohrabbuddin was absconding and wanted in a case under sec. 302 of IPC and for whose arrest a reward of Rs. 25,000/- was declared by DGP Rajasthan, and yet they along with their family members actively harbored him violating section 216 of IPC.
[This is excerpted from a larger note sourced from official files.]