In a major embarrassment for the National Investigation Agency (NIA), a Chennai court has acquitted Khaja Mohiuddin, whom the agency portrayed as a key figure in the ISIS network in India, the man responsible for the alleged radicalization of the youth it shipped to Syria, and part of terror units across three south Indian states, Tamil Nadu, Kerala and Karnataka.
Moideen is being investigated by various police and continues to move between Tihar Jail and prisons in Tamil Nadu. He is currently lodged inside a Bengaluru jail.
The court also acquitted his accomplice, Ansar Meeran, of terrorist conspiracy charges but sentenced him to four years in prison for harboring a Singaporean citizen of Indian origin, Haji Fakhruddin, who, along with supporters, was allegedly instrumental in radicalizing people during his multiple visits to Chennai in 2013 and was among the first to join ISIS in Syria from India, along with his family in January 2014.
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The federal counter-terrorism probe agency registered a case in 2017, naming 10 people, mostly hailing from Tamil Nadu, in its investigation into ISIS activities in India from 2013 to 2016. It alleged that Fakhruddin and supporters set up a terrorist unit that collected and received funds, organized camps, recruited and trained individuals, and facilitated their travel to Syria to join ISIS.
In 2018, an indictment was filed against Medin, Fakhruddin (a fugitive), Ansar Miran, and Shakul Hamid (who attempted to travel to Syria in 2015 but were deported by Turkish authorities to India). Hameed later became the NIA’s approver in the case.
“There is no evidence linking Khaja Mohiuddin to Ansar Miran.”
“There is no evidence linking Khaja Mohiuddin and Ansar Miran to any terrorist organization including ISIS. There is no material on record to show that they belong to ISIS or that they were recruiting gullible youth for ISIS,” the special NIA court in Chennai ruled in its June 10 ruling.
She added: “There is no credible evidence indicating that the defendants hatched a criminal conspiracy to join ISIS and recruit other people to wage war against Syria.”
Mohammad Thapariz, who also tried to travel to Syria, has been cleared for the case by the NIA.
The court noted that there was no evidence, even in the testimony of the accredited persons, that Medin and Miran were involved in any terrorist activity.
“The evidence given by the approvers will show that there was no discussion of anything linked to terrorism or any form of violence.”
The judgment highlights that the NIA failed to hold a meeting of minds to commit an illegal act through illegal means.
It concluded, “The prosecution did not prove that Moayed and Miran conspired, and because those who agreed to the aforementioned conspiracy joined the banned terrorist organization called ISIS, mere contact with each other will not be sufficient to prove the existence of a conspiracy between them.”
The NIA did not respond to inquiries.
Mohiuddin was first arrested by the Tamil Nadu Police in 2004 for organizing a training camp in Neelkuppam where people were allegedly converted to Islam and trained in weapon handling and martial arts. He was later arrested by the Chennai Police in July 2014 in connection with the June 2004 murder of Hindu Munnani member KP Suresh Kumar.
He was released on bail in July 2019. He was arrested by Delhi Police in 2020 after a brief shootout over an alleged terror plot.
