A fact-finding committee constituted by the Delhi Minorities Commission has raised questions on the NIA probe in the Palwal mosque case.
In a press conference on 31 October 2018, the committee released its report countering allegations by the NIA of terror funding in the construction of the Khulafa-e-Rashideen masjid at Uttawar in Palwal.
On 25 September, the NIA (National Investigation Agency) had conducted raids at various places in Delhi and arrested three persons, namely, Mohammad Salman, Mohd Salim and Sajjad Abdul Wani. In its press release, the country’s premier investigation agency stated that it had “busted Falah-e-Insaniyat (FIF) terror funding module”. The Falah-e-Insaniyat Foundation (FIF) is a front-end organisation closely linked with 26/11 attacks mastermind Hafiz Saeed.
Days later, the NIA conducted raids at Khulafa-e-Rashideen masjid where Salman was the designated Imam. The NIA claims that Salman had allegedly received Rs 70 lakh from FIF, which was diverted towards the construction of the mosque.
‘Masjid Committee Had Receipts of About Rs 1 Cr’
According to the fact-finding committee that had gone to Palwal on 20 October, construction of the mosque began in 2009. Residents of 84 villages had helped in raising money; some had even helped with bricks, and construction material as a gesture of charity.
Recalling their conversation with Akhtar Hussain, former sarpanch (village head) of Uttawar village, the panel members told the media that the Masjid Committee had “receipts of about Rs 1 crore” but “all the records including receipts and registers in original were taken by NIA”.
Speaking to The Quint, Ovais Sultan, an activist and member of the fact-finding committee stated that ‘nowhere be it in press releases or statement, the NIA has not been able to establish link between masjid and terror funding’. Ovais further claims that there have been ‘procedural lapses in the whole episode’.
“Most of the documents, the receipts of donations, register and other papers all have been seized by the NIA. Local people, (masjid) committee management of the Khulafa-e-Rashideen masjid don’t have any original paper with them. But the committee has some papers which they got photocopied before submitting all the original documents. That includes only some registers, not all the documents.”Ovais Sultan, Member (Fact Finding Committee)
Why Was No Seizure Memo Was Handed Over by the NIA?
Elaborating on the procedural lapses, the fact-finding committee told the media that a seizure memo had not been given to Mohd Salman’s family when raids were conducted at his house in Delhi. Similarly no seizure memo was given to the Masjid Committee members after confiscating all the original receipts, records, diaries and registers.
Speaking to The Quint, Abubakr Sabbaq, human rights lawyer and member of the fact finding committee said that ‘due procedure of seizure were not followed by the NIA’.
Under section 100 of the CrPc, when a search is conducted by the police, a list of all things taken possession of needs to be prepared and handed over to such person. The fact that the NIA has not handed over a seizure memo leaves space for manipulation and falsifcation of evidence.
‘It is the politics of polarisation being played by the NIA’, said Sabbaq as he raised doubts on the motive behind dragging the mosque into the row. The two press releases by NIA in connection with the FIF module dated 26 September and 12 October do not mention the name of Khulafa-e-Rashideen masjid. However, news reports suggest that the raids were conducted at the mosque in palwal on 3 October.
Family Alleges Salman Was ‘Abducted’ Outside UCO Bank
The fact-finding committee that comprised of Ovais Sultan, Abubakr Sabbaq, AC Michael and Sardar Gurmindar Singh Matharu also met with Salman’s family.
According to Salman’s son, his father received a call from UCO Bank at Bhogal where he has a bank account.
Salman’s family claims that he was abducted from outside the bank. The panel that had interacted with Salman’s family also found out that he had sold his ancestral land and donated Rs 20 lakh to the mosque which contradicts NIA’s claim of Salman diverting Rs 70 lakh for the same.
The fact finding committee also quoted local police personnel, Deputy SP Suresh Kumar and SHO Ram Dayal, who told the panel they had ‘never received any complaint or intelligence input regarding any anti national activity in the region’.
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