KERALA HC UPHOLDS SENTENCES OF 10 CONVICTS

THIRUVANANTHAPURAM: The Kerala high court on Monday upheld the conviction of 10, including former self-styled south Indian commander of terror outfit Lashkar-e-Taiba Thadiyantavida Nazeer, over terrorist recruitment but acquitted three others.

The case came to light in 2008 after security forces shot dead eight suspected terrorists in Kashmir including four from Kerala.

The National Investigation Agency (NIA) probed the case and a special court in Kochi in 2012 sentenced 13, including Nazeer.

The NIA, which is expected to move the Supreme Court against the acquittal of the three, concluded five men were brainwashed, given arms training, and sent to Kashmir. One of the five was arrested from Hyderabad.

According to the NIA charge sheet, Nazeer was the kingpin and in constant touch with his contacts in Kashmir. It said he arranged training and the recruitment of the five. Nazeer was also accused of involvement in terror-related incidents in Bengaluru. In January, the high court acquitted him and another person in a blast case in Kozhikode.

The recruitment case made headlines after the high court allowed the examination of a Bharat Sanchar Nigam Limited (BSNL) official, who issued a call record document showing communication between the accused and some people in Kashmir. Usually, witness examination in criminal cases is completed at the trial stage. The higher courts only evaluate evidence gathered at the trial level. Later, the defence argued the BSNL official had not attested to the document under the Evidence Act. On April 8, the official was summoned for cross-examination.

The court accepted the call record certificate as additional evidence after the cross-examination.