NIA insists it has found significant evidence of terror funds coming from Pakistan, but it is yet to establish a money trail, which could hurt its case.
Over the last three months, the National Investigation Agency (NIA) has conducted raids at 78 locations across Srinagar, Jammu and Delhi in connection with charges of Pakistani funding for terrorism and the separatist campaign in Jammu and Kashmir.
However, the raids have yielded cash amounting to just Rs 4.1 crore and another Rs 1 crore in a fixed deposit.
Though the Enforcement Directorate has registered a case under the Prevention of Money Laundering Act, it has not yet been able to establish a money trail, or the total amount suspected to have been pushed into India from across the border in the last few years.
This is despite gaining access to bank account details of hawala operators and chartered accountants allegedly working for the separatists. Incidentally, in the last 15 years, not a single case of hawala out of 173 has led to a conviction in Jammu and Kashmir.
Investigators are also not certain if the cash recoveries made during the searches were to be spent for “illegal activities”.
Strength of NIA’s case
According to a legal expert, the amount recovered is inadequate to support the grave charges levelled against 10 persons, including two alleged stone pelters, arrested so far.
However, sleuths claim letter-heads of Lashkar-e-Taiba and Hizbul Mujahideen recovered from the suspects’ homes, as well as receipts and invoices suggestive of the funding are big pieces of evidence.
“The recovery has nothing to do with the quantum of money that may have been used to fund terrorist activities. The money trail is hard to crack as the people pushing funds from across the border are not following a banking channel for transactions. It is being done through various channels. Terror finance never comes in a block, it comes in instalments,” an investigator told ThePrint.
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However, a senior advocate who has previously dealt with cases of this nature explained why the case looked weak.
“Holding cash is not an offence. In order to prove the charges, the agencies will have to draw out a trail that will suggest that the money recovered was to be used for unlawful activity, which will have to be backed by corresponding documents and statements of witnesses. Otherwise, it will make for a very weak piece of evidence,” the lawyer said, on the condition of anonymity.
‘Clear Pak connection’
During the raids, the NIA claims to have seized documents pertaining to financial transactions, diaries with contacts of hawala operators, accounts of cross-LOC trade, details of Jammu and Kashmir bank accounts, and travel documents of entities showing visits to the UAE.
Nothing on the list seems to establish a direct connect with Pakistan, but Sharad Kumar, outgoing director general of the NIA, told ThePrint there was a clear Pakistan connection, and that the agency had sufficient evidence to prove that Hurriyat leaders were acting in connivance with Hizb and Lashkar militants.
“They have been receiving and collecting funds through several channels, including hawala, for funding the separatists in Jammu and Kashmir with the sole agenda to disrupt peace in the valley. We have received many leads to establish the connection,” he said.
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Hinting at another possible link, investigators said many separatist leaders, including Hurriyat chairman Mirwaiz Umar Farooq, recommended several youth for training in medical colleges in Pakistan, for which he allegedly charged Rs 20-30 lakh. The money was then used for “illegal activities”, they said.
However, speaking to ThePrint, the Mirwaiz called the allegations “baseless” and the raids “politically motivated”.
“We have been recommending students to universities in Pakistan for the past 12 years, but there is no question of taking any money or donation for that. In fact, many students are given scholarships by the Pakistan government, for which we give recommendations,” the Mirwaiz said.
“We encourage talented students to opt for the scholarships, and have never taken a penny for giving recommendations. These raids are politically motivated, and a tactic to discredit Kashmir. It is vendetta against the pro-freedom movement.”
Where is the probe heading?
The NIA maintains that the case is heading in the right direction.
Two Hurriyat leaders – Abdul Hameed Magrey and Wali Mohammad – are to be called in for questioning soon, while Hurriyat hardliner Syed Ali Shah Geelani’s son Naseem and Kashmir Bar Association president Mian Qayoom are likely to be summoned again.
Naseem told ThePrint it was all a political game.
“This is all a political game to put pressure on us. They called me for questioning and asked me to furnish some documents, including bank details, property papers, bank statements and passbooks, which I did, but I do not know why they keep sending summons. What are they trying to achieve?” he asked.
An NIA officer countered Naseem. “We have only arrested those against whom we had sufficient evidence. For the rest, we let them go after questioning. It is a complex case and we are on the job,” he said.