A court in Gujarat state sentenced three men to life in prison on Monday for espionage and leaking classified information
Published Date – Mon 17 Jul 23 at 6:40pm
Ahmedabad: A court in Gujarat state sentenced three men to life in prison on Monday for espionage and leaking classified information about Indian military bases to Pakistan’s spy agency, the Inter-Services Intelligence (ISI).
Additional sitting judge Ambalal Patel dismissed the prosecution’s appeal against the death penalty, saying the crimes committed by the three did not fall into the “rare of the rare” category.
The trio found employment in India but their love and patriotism was directed towards Pakistan, the court observed.
It also said that “those who are Indian citizens spying for Pakistan in India should leave the country voluntarily or the government should seek them out and send them to Pakistan”.
The court convicted Sirajuddin Ali Fakir (24 at the time), Mohammad Ayub (23 at the time of arrest) and Naushad Ali (23 at the time) of criminal conspiracy and waging war against the country under the Indian Penal Code (IPC). ), the Official Secrets Act and, in the 2012 case, the Information Technology Act.
The three were sentenced to life imprisonment under Sections 121, 121(A) and 120(B) of the IPC and Section 66(F) of the Information Technology Act and 14 under Section 3 of the Official Secrets Act. years of strict imprisonment and was sentenced to 10 years’ imprisonment. Sentenced to 12 years in prison under Article 123 of the IPC (Concealment of Intent to Facilitate Design to Wage War). All sentences will run simultaneously.
On October 14, 2012, the Ahmedabad City Crime Department arrested Fakir and Ayyub, residents of the Jamalpur district, on suspicion of passing on to the ISI a connection with the Ahmedabad Army Base and Gandhina. Confidential information about Gale Army Camp.
Another defendant, Naushad Ali, a Jodhpur resident, was arrested on 2 November 2012 for providing information about the Jodhpur Army camp and BSF headquarters.
A suspected ISI agent based in Jamnagar was also arrested. However, he was acquitted in February 2013 under article 169 of the Code of Criminal Procedure (CrPC) due to lack of evidence. He later became a supporter of the case.
According to the charge sheet, Fakir, Ayub and Ali kept the messages in draft so that Pakistani officials could access them using email.
Prosecutors said the accused Fakir visited Pakistan in 2007 and met a Teymur. In 2009, Ali met with ISI agents in a neighboring country.
Police recovered a map of the Ahmedabad army camp from Fakir’s residence.
The court held that although the three were Indian citizens, they had Pakistan’s interests in mind.
“In effect, persons who are Indian citizens spying for Pakistan in India should voluntarily leave the country for Pakistan, or the government should seek them out and send them to Pakistan,” the court said.
“All the defendants were Indian citizens and employed in India. But there was no love of country or patriotic feelings. Instead, they found love, affection and patriotism for Pakistan, so they sent Pakistan’s ISI for three consecutive years secret information on Indian Army operations and received hundreds of thousands of rupees from Dubai.”
The court held that the trio’s actions had undermined the integrity and sovereignty of India and that their actions aggravated the seriousness of the crime by victimizing not one individual but the entire country.
“Although they are Indian citizens, they have Pakistan’s interests in mind. They are not thinking about the safety of the 1.4 billion Indian people, but their own interests and Pakistan’s interests.”
“In my opinion, lesser punishments for those who engage in anti-state activities in the country should also be considered anti-state activities,” the judge noted.
Prosecutors have given prior approval to the Indian Army on what constitutes classified information. The Gujarat and central governments have also agreed to prosecute the trio.
