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This is an archive article published on May 14, 2002

Dec 13 attack chargesheet today, Azhar is absconding

The Delhi Police’s Special Cell is expected to file its chargesheet in the December 13 Parliament attack case in the Designated POTA Co...

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The Delhi Police’s Special Cell is expected to file its chargesheet in the December 13 Parliament attack case in the Designated POTA Court of S.N. Dhingra tomorrow.

Sources told The Indian Express that Lieutenant-Governor Vijai Kapoor has approved the framing of charges under POTA against the accused — Jaish-e-Mohammed Delhi coordinator Mohammed Afzal, Shaukat Hussain, his wife Afsan Guru alias Navjot Sandhu and Zakir Hussain College lecturer Syed Abdul Rehman Geelani.

The accused — all of whom are in Tihar jail — have also been booked under the Arms and Explosives Act.

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The chargesheet includes the conspiracy, the role of individual militants and the sequence of events leading up to the attack. Though Special Cell DCP Ashok Chand had recorded the statements of Afzal and Shaukat Hussain, his his wife Afsan Guru and Geelani refused to give their statements.

Despite this, police sources said, Guru and Geelani will be booked under POTA since the written confessions of Afzal and Shaukat mention their involvement.

Unlike charges slapped under the Criminal Procedure Code, the written statement before a DCP is a piece of evidence admissible in courts under POTA.

The evidence thrown up at the end of the five-month probe includes printouts of the phones calls made by Afzal, Shaukat and Geelani with the suicide squad led by Mohammed. The police have also recorded statements of the owner of the Mukherjee Nagar house in New Delhi, which was rented out to Shaukat, and others including the Parliament staff.

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JeM chief Masood Azhar, his Kashmir commander Gazi Baba, and Tariq have been declared proclaimed offenders. The Special Cell still hasn’t received either a confirmation or a denial from the Central Bureau of Investigation over whether Mohammed, who led the suicide attack, was indeed Burger, one of the IC-814 hijackers.

During his interrogation, Afzal claimed that Mohammed had told him that he was Burger. Sources said the laptop, which was extensively used by Mohammed to correspond with his contacts in Pakistan, contained e-mails sent from the account names Burger 123, 123 Burger and Burger 321.

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