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NATIONAL INVESTIGATION AGENCY MINISTRY OF HOME AFFAIRS

GOVERNMENT OF INDIA HYDERABAD BRANCH

BEFORE THE HONOURABLE SPECIAL COURT FOR NIA CASES

POONAMALLEE AT CHENNAI

(SESSIONS COURT FOR EXCLUSIVE TRIAL OF BOMB BLAST CASES, CHENNAI AT POONAMALLEE, CHENNAI)

CHARGE SHEET (Under Section 173 (2) (i) Cr. P.C.)

STATE

V/s

THAMEEM ANSARI AND 4 OTHERS

1 Name of the Branch : National Investigation Agency, Hyderabad

FIR No. : RC 03/2013/NIA/HYD

Year : 2013

Date : 01-05-2013

2. Final Report/Charge Sheet No. : Charge Sheet No.1

3 Date : 06-03-2015

4 Sections of Law (As per FIR)

: RC 03/2013/NIA/HYD Dt.01.05.2013

u/s 3, 4 & 9 of The Official Secrets

Act, 1923 r/w 120(B), 121(A) IPC

and Sec 18, 18(B) of Unlawful

Activities (Prevention) Act 1967.

5 Type of Final Report : Charge sheet against A1and A5.


6 If Final Report un-occurred/ False Mistake of fact/ Mistake of law Non Cognizable/ Civil Nature

:

Not Applicable

7 If charge sheeted: Original/ Supplementary

: Original

8 Name of Investigating Officers : 1) Shri. K.N.Sudharsan, DySP NIA Hyderabad.

2) Shri.A.Ramesh Reddy, IPS., SP, NIA, Hyderabad.

3) Shri.M.Prabhaharan, DySP NIA Hyderabad.

4) Shri.L.R.Kumar, IPS., SP, NIA, Hyderabad.

.

9 Names of the Complainants/ Informants

: Shri.A.Marimuthu, Sub-Inspector of Police, ‘Q’ Branch CID, Trichy.

10 Details of properties/Articles /Documents Recovered/ seized during investigation and relied upon.

: As per Annexure II & III. List enclosed.

11. PARTICULARS OF ACCUSED PERSONS CITED IN THIS

PRELIMINARY CHARGE SHEET: A-1, Thameem @ Ansari @ A.Thameem Ansari, S/o Abdul Rahman.

1. Name : Thameem @ Ansari @ A.Thameem Ansari.

2. Whether verified : Yes.

3. Age : 37/2015

4. Father’s name : Abdul Rahman.

5. Sex : Male

6. Nationality : Indian

7. Passport details : Indian PP No.F 1378442 /issued on 25.11.2004 by RPO, Trichy, valid up to 24.11.2014


8. Occupation : Business.

9. Address (present) : G-3, Taj Residency, AVP Alagammal Nagar, Thanjavur,Tamil Nadu.

10. Address(Permanent) : No.47, Brokers Street, Adiramapattinam, Pattukottai Taluk, Thanjavur district, Tamil Nadu

11. Whether verified : Yes, as per his Indian Passport.

12. Provisional Criminal No : Not applicable

13. Regular Criminal No.(If known) : Yes

14. Date of arrest : Arrested on 17.09.2012

15. Date of release on bail : On 08.03.2013

16. Under Act and Sections (of charge sheet)

: 1) U/s.17 and 18 of the UA (P) Act, 1967,

2) U/s.120-B, 121-A of the IPC,

3) U/s. 3 of the Official Secrets Act 1923.

17. Name(s) of bailer/sureties and Address

: 1. Muthunatchiar, W/o.Abdul Rahman, No.47, Brokers Street, Adiramapattinam, Pattukottai Taluk, Thanjavur District, TN.

2. Liagath Ali, S/o.SyedMaraika, No.57, Azad Nagar, Adiramapattinam, Pattukottai Taluk, Thanjavur, District, TN.

18. Previous Cases : Not Known

19. Previous convictions with case

Reference

: Not Known

20. Status of accused : Released on condition bail.

(A5) Arun @ Arun Selvarajan S/o.Selvarajan

1. Name : Arun @ Arun Selvarajan

2. Whether verified : Yes

3. Age : 29/2015

4. Father’s name : Selvarajan


5. Sex : Male

6. Nationality : Sri Lankan

7. Passport details : Sri Lanka Passport:

1. N2152804, issued by Authority of Colombo.

2. M1732664, issued by Authority of Colombo, issued on 14.01.1999 and Expired on 14.01.2004.

Indian Passport:-

1. H9585852, issued by RPO, Chennai, issued on 02.06.2010 and valid upto 01.06.2020 obtained by A-5 in the name of Sivagaminathan.

8. Occupation : Business

9. Address (present) : No.24/41, Flat No.F-5, Candle Nest Flats, K.K.Salai, Mathialagan Nagar, Dhasarathapuram, Saligramam, Chennai. Land Mark: Opp to AVM Studio Road Signal, Near NagathammanKovil.

10. Address(Permanent) : No.1/3, Sinsaba Road, Wellawatte, Wellawatta PS Limit, Colombo, Sri Lanka – 6.

11. Whether verified : Yes

12. Provisional Criminal No : ---

13. Regular Criminal No.(If known) : Yes

14. Date of arrest : Arrested on 10.09.2014.

15. Date of release on bail : In Judicial Custody

16. Under Act and Sections (of

charge sheet)

: 1) U/s.17 and 18 of the UA (P) Act, 1967 2) U/s.120-B, 121-A, 419, 465, 468 and

471 of the IPC, 3) U/s.3 of the Official Secrets Act 1923. 4) U/s.12(1)(b) of Passport Act,1967. 5) U/s.20 of NDPS Act 1985.


17. Name(s) of bailer/sureties and Address

: Not applicable

18. Previous Cases : Not Known

19. Previous convictions with case Reference

: Not Known

20. Status of accused : Judicial Custody at Central Prison.

Puzhal, Chennai.

12. PARTICULARS OF THE ACCUSED PERSONS AGAINST WHOM

INVESTIGATION PENDING U/S 173(8) CRPC:

1. (A-2) Haji @ Mohamed Anver @ Mohamed Siraj Ali, Sri Lanka

(Absconding - Look out circular –LOC, has been published)

2. (A-3) Boss @ Amir Zubair Siddique, Counselor (Visa)

High Commission of Pakistan, Colombo, Sri Lanka. (Absconding)

3. (A-4) Vineeth@Rana@Saghe@Lanka Saghe, Pakistan Intelligence Officer, Sri Lanka. (Absconding)

13. (i) Particulars of Witnesses examined

Separate list attached as Annexure-I

(ii) List of Articles Separate list attached as Annexure-II (List of documents)

& Annexure–III (List of Material objects)

14. If FIR is false, action taken

Not Applicable

15. Result of Laboratory Analysis As per the list enclosed in Annexure-II

16. BRIEF FACTS OF THE CASE:

16.1. That (A1) Thameem @ Ansari @ Thameem Ansari S/o. Abdul

Rahman of Thanjavur, (A2) Haji @ Mohamed Anver Mohamed Siraj Ali of

Sri Lanka, (A3) Boss @ Amir Zubair Siddique, Counselor (Visa) High

Commission of Pakistan, Colombo, Sri Lanka, (A4) Vineeth @ Saghe @

Lanka Saghe, Pakistan Intelligence Officer in Sri Lanka and (A5) Arun

Selvarajan of Sri Lanka presently residing at Chennai in the name of

Sivagaminathan entered into conspiracy to wage war against the

Government of India and commit terror acts in India.


16.2. The prosecution contends that in furtherance of the conspiracy

(A1) Thameem Ansari, as per the instructions of (A2) Haji @ Mohamed

Anver Mohamed Siraj Ali, (A3) Boss @ Amir Zubair Siddique and (A4)

Vineeth @ Saghe @ Lanka Saghe, collected vital information in the form of

photographs, video clippings and sketches related to the Wellington Military

Training Centre, Defence Service Staff College (DSSC), Station Head

Quarters at Wellington, Karaikkal and Nagapattinam harbours including

Naval detachment at Nagapattinam, Indian Naval base at Mallipattinam,

Mallipattinam Fishing Jetty, Indian Air Force station at Thanjavur and Indian

Army Insignias etc., and sent the above information to the (A3) Boss @ Amir

Zubair Siddique and (A4) Vineeth @ Saghe @ Lanka Saghe of Pakistan

Intelligence Officials stationed at High Commission of Pakistan in Sri Lanka.

In furtherance of the conspiracy, (A1) Thameem Ansari took photographs/

videos and uploaded them in the common email IDs given by (A3) Boss @

Amir Zubair Siddique and (A4) Vineeth @ Saghe @ Lanka Saghe. The

modus operandi followed by (A1) Thameem Ansari, as per the agreement

was to upload the information/photographs/videos which he collected in the

common email id, wherein the passwords was known to each others, which

then can be viewed by (A3) Boss @ Amir Zubair Siddique and Vineeth @

Saghe @ Lanka Saghe stationed in Sri Lanka. This is how (A1) Thameem

Ansari passed on the sensitive information of Government of India and

information related to prohibited/restricted places to the foreign agents.

16.3. Facts pertaining to (A1) Thameem Ansari:

16.3.1. In furtherance to conspiracy, (A1) Thameem Ansari took

photographs, video clippings and sketches related to the Wellington Military


Quarters at Wellington, Karaikkal and Nagapattinam Harbours including


Mallipattinam Fishing Jetty, Air Force Station at Thanjavur etc., and sent the

above information to his handlers who were stationed at Sri Lanka. (A1)

Thameem Ansari collected the information of Indian Air Force at Thanjavur.

(A1) Thameem Ansari also shared through common e-mail wherein the

password was known between themselves and in person, the photographs


of the Indian Army insignias, clandestinely taken from an Army Officer, with

the Intelligence Officers serving in High Commission of Pakistan in Sri

Lanka. (A1) Thameem Ansari also planned to collect information on

“Operation Varsha” at Visakhapatnam and intended to visit Sri Lanka.

16.3.2. (A1) Thameem Ansari decided to venture into export business.

He attended classes on Export Management at Chennai and Thanjavur and

later obtained an import and export licence in the name of Lafir

Pharmaceuticals. (A1) Thameem Ansari did Pharma business for another 4

years (2007-2011) and incurred losses. Later, during April 2011, (A1)

Thameem Ansari persuaded his schoolmate Ayyappan (r/o

Adiramapattinam, Thanjavur) to go to Colombo along with him, Sri Lanka to

find out the suitability of exporting of Pharma products.

16.3.3. (A1) Thameem Ansari had no means for booking air ticket to

Srilanka. He arranged money from other sources and booked their tickets

from one Nijamudeen (a travel agent) of Adiramapattinam. While interacting

with Nijamudeen about their impending visit to Colombo, he gave them a

reference of one Bilal (owner of Bilal restaurant, Colombo) stating that he

would help them in their business. Upon reaching Colombo in April 2011,

(A1) Thameem Ansari and Ayyappan stayed in Western Paradise Hotel at

Colombo and later went and met Bilal. Bilal expressed his inability to help

them but told that he would introduce his brother-in-law (A2) Haji @

Mohamed Anver Mohamed Siraj Ali (a Sri Lankan, holding Sri Lankan

Passport No. N-2073578). He was running an import company named New

Palace Enterprises, Importers, Exporters & General Merchant, No.176,

3rdFloor, Room No.26, Attar Mahal, Keyzer Street, Colombo -11 and a

resided at No.27/99, Perakumba Place, Colombo-6. (A2) Haji @ Mohamed

Anver Mohamed Siraj Ali had a long discussion with (A1) Thameem Ansari

and encouraged him to venture into Onion export business instead of

Pharma business him that he will help him in his business and settle all his

financial problem if he adhered to the terms of (A3) Boss @ Amir Zubair

Siddique and (A4) Vineeth @ Saghe @ Lanka Saghe. (A1) Thameem

Anssari agreed the same and after staying for a week at Colombo they

returned to India.


16.3.4. Later, (A2) Haji @ Mohamed Anver Mohamed Siraj Ali of Sri

Lanka came to Chennai in the month of July and November 2011 on a

business trip and (A1) Thameem Ansari went and received him at Airport

and stayed with him for one day at Hotel in Vadapalani, Chennai. During

that time (A2) Haji @ Mohamed Anver Mohamed Siraj Ali gave him a

business order worth of Rs.4.5 lakhs for exporting 26 tonnes of Onions to

Sri Lanka. Subsequently, (A1) Thameem Ansari exported 26 tonnes of

Onions (worth Rs.4.5 lakhs) to Colombo. After receiving the Onion

consignment, (A2) Haji @ Mohamed Anver @ Mohamed Siraj Ali informed

that the prices of Onions had come down in Colombo and the imported

Onions were rotten and hence the consignment would not fetch any amount

but he sent Rs.2 lakhs to (A1) Thameem Ansari.

16.3.5. In the month of August 2011, (A2) Haji @ Mohamed Anver @

Mohamed Siraj Ali sent Rs.2 lakhs to (A1) Thameem Ansari through Hundial

and asked him to procure potatoes and export it. As such (A1) Thameem

exported 13 tonnes of potato to Colombo, Sri Lanka and (A2) Haji @

Mohamed Anver @ Mohamed Siraj Ali told that all the potatoes had rotten,

therefore, it will not fetch any sale proceeds but (A2) Haji @ Mohamed

Anver Mohamed Siraj Ali sent him some amount and this export obligation

also resulted in loss of Rs. 2 lakhs. (A1) Thameem Ansari hence was in debt

to the tune of Rs.4.5 lakhs for the business he had with (A2) Haji @

Mohamed Anver Mohamed Siraj Ali.

16.3.6. Again in September 2011, (A1) Thameem Ansari went to

Colombo from Tuticorin Port by ship and met (A2) Haji @ Mohamed Anver

Mohamed Siraj Ali, Colombo, Sri Lanka. They discussed about the business

loss and explored the possibilities of exporting pharma products to Maldives

to recover their loss from Onion and Potato business. (A2) Haji @

Mohamed Anver Mohamed Siraj Ali and (A1) Thameem Ansari visited

Maldives from Sri Lanka on 06.09.2011 and visited some pharma

companies and tried the feasibility of exporting drugs. But the trip was not

fruitful and on the next day (i.e. on 07.09.2011) they returned to Colombo.

(A1) Thameem Ansari halted for a day at Colombo and came back to Trichy

on 08.09. 2011.


16.3.7. During the month of December 2011, (A2) Haji @ Mohamed

Anver Mohamed Siraj Ali and his partner Faseel (Jawahir Mohammadu

Faseel) arrived at Chennai from Colombo. (A1) Thameem Ansari went to

Chennai Airport and received (A2) Haji @ Mohamed Anver Mohamed Siraj

Ali and his friend Faseel and they stayed in a Hotel at Mannady, Chennai.

Next day all the three went to Mumbai by air and met one Abid Bhai who

was an Onion exporter. His firm namely RR Exporters, was located at

Panvel Fort, Mumbai. Abid Bhai had business relations with (A2) Haji @

Mohamed Anver Mohamed Siraj Ali. After staying for a day at Mumbai they

all came back to Chennai and then went to Mettupalayam by road to meet

exporters who were dealing in potatoes. (A1) Thameem Ansari and (A2)

Haji @ Mohamed Anver Mohamed Siraj Ali also went to attend the

marriage function in the house of Haji’s Indian business partner one

Mohamed Farook @ Santhanathoppibai who was the owner of F & F

Exports, No.17, Seera Sahib Street, Dharapuram,Tirupur District, Tamil

Nadu - 638 656.

16.3.8. In February, 2012, (A1) Thameem Ansari left for Colombo to

meet (A2) Haji @ Mohamed Anver Mohamed Siraj Ali to finalise about his

payment, which was due for a long time. (A2) Haji @ Mohamed Anver

Mohamed Siraj Ali took him to a beach side hotel to discuss about the

business loss. During that time, (A2) Haji @ Mohamed Anver @ Mohamed

Siraj Ali introduced (A4) Saghe @ Lanka Saghe (a Pakistan Intelligence

Officer) as a businessman and a friend. (A2) Haji @ Mohamed Anver

Mohamed Siraj Ali informed (A4) Saghe @ Lanka Saghe about (A1)

Thameem Ansari’s business loss etc, who assured that all his debts could

be cleared and asked him not to worry. (A4) Saghe @ Lanka Saghe told

that (A1) Thameem would be introduced to his ‘Boss’ (who was later

identified by Thameem as Amir Zubair Siddiqui, Counselor and Visa, High

Commission of Pakistan in Colombo, Sri Lanka) and all financial worries will

be taken care by him. After talking for few minutes, (A3) Boss @ Amir

Zubair Siddique came to the hotel and was introduced to (A-1) Thameem

Ansari. They all had food together and (A3) Boss @ Amir Zubair Siddique

agreed to help (A1) Thameem Ansari out of his financial crisis.


16.3.9. After 2 days, (A1) Thameem Ansari again had a meeting with

(A3) Boss @ Amir Zubair Siddique and (A4) Saghe @ Lanka Saghe (both

are Pakistan Intelligence Officers) in a Beach Resort near Colombo in which

(A3) Boss @ Amir Zubair Siddique assured of bailing him out from his

financial crisis if he listen to his terms. Since (A1) Thameem Ansari agreed

to his terms, (A3) Boss @ Amir Zubair Siddique highlighted to him about the

plight of Muslims in India and asked him to do a favour as (A1) Thameem

was also a Muslim. (A1)Thameem Ansari agreed to collect Indian defence

related information, which would help in the conspiracy of waging a war

against the Govt. of India. (A3) Boss @ Amir Zubair Siddique collected

details about (A1) Thameem Ansari and his family members and also took

the photo copies of (A1) Thameem Ansari’s Indian Passport.

16.3.10. In furtherance of the agreement, (A3) Boss @ Amir Zubair

Siddique and (A4) Saghe @ Lanka Saghe instructed A1 Thameem Ansari to

get certain details about the Indian Army formations, locations, insignia etc.

(A-3) Boss @ Amir Zubair Siddique had tasked him to take photographs/

videos graphs of Karaikal and Nagapattinam harbours, Mallipattanam

fishing Harbours, coastal areas, Naval detachments etc, which would be

useful for attacking these installations and hence commit terror attacks. (A3)

Boss @ Amir Zubair Siddique assured him to pay for these tasks. (A-3)

Boss @ Amir Zubair Siddique had then specifically instructed (A1)

Thameem Ansari to get details about Vishakapatnam Naval Base and

Project Varsha for which he asked him to go to Vishakapatnam and hire an

accommodation near Naval station. (A3) Boss @ Amir Zubair Siddique

asked (A1) Thameem Ansari to visit the places which Naval officers/

personnel frequent viz. hotels, bars, cinema theatres etc., and asked him to

pose as a rich businessman and befriend them. (A3) Boss @ Amir Zubair

Siddique had told him that he will send money by some means so that he

can spend money for the same and also instructed him to collect details like

maps/drawings/photos/videos etc. (A4) Boss @ Amir Zubair Siddique

suggested that if (A1) Thameem Ansari was able to befriend Ex-Army

Officer, Naval/Army officers, they could be brought to Colombo, where he

would arrange all kinds of facilities for them like women, cash, drinks etc.

for getting information of the defence details. During the conversation, (A3)

Boss @ Amir Zubair Siddique and (A4) categorically told him that (A1)


Thameem Ansari could take an alibi that he was producing a movie ‘Power

of India’ wherein he could bring characters and places related to Armed

forces and which would safe guard (A1) Thameem Ansari from doubt. At the

end of the meeting, (A3) Boss @ Amir Zubair Siddique and (A4) Saghe @

Lanka Saghe gave him an e-mail ID and password with a pre-arrangement

that both will operate the mail and store the information only in draft mode,

so that they can communicate the same between themselves without being

detected by anybody. The other end could open and take the reply/

instructions of any (vice versa) and they can erase the contents also. During

that time (A2) Haji @ Mohamed Anver Mohamed Siraj Ali told (A1)

Thameem Ansari that he will send an ATM Card to him for the expenses to

meet out the spying activities. After staying in Sri Lanka for a few days (A1)

Thameem Ansari came back to India. (A2) Haji @ Mohamed Anver

Mohamed Siraj Ali gave an ATM card bearing No.4532 1301 0680 9571 of

Sampath Bank, Sri Lanka which the (A3) Boss @ Amir Zubair Siddique has

asked (A2) Haji @ Mohamed Anver Mohamed Siraj Ali to hand over to (A1)

Thameem Ansari. (A2) Haji @ Mohamed Anver Mohamed Siraj Ali told (A1)

Thameem Ansari that the ATM card can be used for the expenses which he

would incur for collection of information.

16.3.11. (A1) Thameem Ansari, on the pretext of a business trip, asked

his friend Ayyappan to accompany him to visit Ooty. They reached Ooty and

met one Rajkumar who was also doing Onion/Potato business at

Ooty/Mettupalayam since the said Rajkumar was acquainted with Ooty and

had known the places in Ooty and surrounding areas. After completing the

discussions (A1) Thameem Ansari suggested that they could go for

sightseeing and asked Rajkumar to show some Military areas also. (A1)

Thameem Ansari clicked photographs/took videos of all such places they

went. Rajkumar showed him the Defence Services Staff College (DSSC)

and Madras Regimental Centre (MRC), Station Head Quarters at Wellington

and other places. When (A1) Thameem Ansari was taking photographs /

videos of the Defence Services Staff College (DSSC) and Madras

Regimental Centre (MRC), Station Head Quarters at Wellington, Rajkumar

and Ayyappan objected and pointed out to (A1) Thameem Ansari that a

public notice has been displayed there that it is a prohibited/restricted places

and nobody should photograph the same. In spite of the objection (A1)


Thameem Ansari photographed / video graphed the same by using his

Black Berry Mobile phone. Later (A1) Thameem Ansari sent these photos /

videos to Pakistan Intelligence Officers through e-mail as instructed by

them.

16.3.12. Later, (A1) Thameem Ansari had received a mail from (A4)

Saghe @ Lanka Saghe, to collect information as per the questionnaires sent

to him about Indian Army formations. (A1) Thameem Ansari collected those

details and sent a reply through draft mode by e-mail. The Pakistan

handlers ((A3) Boss @ Amir Zubair Siddique & (A4) Vineeth @ Saghe @

Lanka Saghe had further asked some clarifications and requested (A1)

Thameem Ansari to provide the descriptions in the pictures etc. During this

period (A1) Thameem Ansari received a call from (A4) Saghe @ Lanka

Saghe and asked (A1) Thameem Ansari to go to Vishakapatnam. (A1)

Thameem Ansari communicated in his draft mail to his handlers that he was

not having sufficient funds and also demanded 35,000 US dollars for the

‘project’. (A1) Thameem Ansari uploaded some more information in the

common email ID.

16.3.13. In May 2012, (A4) Saghe @ Lanka Saghe and (A2) Haji @

Mohamed Anver Mohamed Siraj Ali asked (A1) Thameem Ansari to come to

Colombo and accordingly on 20.05.2012 (A1) Thameem Ansari left for

Colombo from Trichy. There he met (A2) Haji @ Mohamed Anver Mohamed

Siraj Ali at a KFC restaurant where (A3) Boss @ Amir Zubair Siddique and

(A4) Saghe @ Lanka Saghe arrived. They all expressed that they want

some more details and insisted to get more information about Rambilli,

Indian Naval base near Visakhapatnam and specifically instructed to collect

information regarding the details of stage and depth of the channel of the

Visakhapatnam Naval base. (A1) Thameem Ansari expressed that language

may be handicap for him to interact with local people at Vishakapatnam so it

will take some time for the same. Further in the meeting the PIOs again

instructed (A1) Thameem Ansari to take the videos and photos of Karaikkal

and Nagapattinam harbours, ports, Mallipattinam fishing harbours, naval

detachments, coastal areas, maps of these places etc., and send them. (A1)

Thameem Ansari agreed to do the work immediately on his return.


16.3.14. (A1) Thameem Ansari, after returning from Colombo, started the

work assigned by (A3) Boss @ Amir Zubair Siddique and (A4) Saghe @

Lanka Saghe. (A1) Thameem Ansari made contact with an Army Officer

(Retd.) who had earlier worked in Para regiment and ASC of Indian Army

and got introduced to him formally in Granary Rotary club of Thanjavur. (A1)

Thameem Ansari went to the house of the Army Officer (Retd.) at Thanjavur

and tried to make him as an acquaintance, as he was also a member of the

Granary Rotary club at Thanjavur. (A1) Thameem Ansari took the alibi as

instructed by (A3) Boss @ Amir Zubair Siddique and (A4) Saghe @ Lanka

Saghe, that he was collecting the information for a documentary film “Power

of India” which he was making. (A1) Thameem Ansari went on with the story

that he is also involved in production of a film titled “Power of India’’ and

required photos/videos related to Army. The said Army Officer (Retd.) took

out his rank/badges, medals etc. and showed them to (A1) Thameem

Ansari. He went into another room to look for the CD on Army Para jumping

and Motorcycle acrobats, which he had taken during his Para Regiment

period. In the mean time, taking advantage of his absence and without his

knowledge, (A1) Thameem Ansari quickly photographed all the insignia and

medals in his Black Berry mobile phone. (A1) Thameem Ansari later

collected the CD and informed an Army Officer (Retd.) that it would be

displayed in the Rotary club while honouring him. After collecting all these

(CDs and photos of the medals/insignia) (A1) Thameem Ansari gave it for

editing to one Vijayanthira Rao a photographer at Thanjavur (Jackson

Videos shop in Thanjavur). After copying the same in a CD, he uploaded the

contents to the Pakistan Intelligence Officers through common e-mail. (A1)

Thameem Ansari also visited Indian Naval detachment at Mallipattanam and

video graphed the coastal area and fishing harbour Mallipattinam in his

Black Berry mobile phone. (A1) Thameem Ansari sent the details to the

Pakistan Intelligence Officers through e-mail. Later, (A1) Thameem Ansari

also visited Nagapattinam and Photographed / videographed the Prohibited

area of Nagapattinam harbour, Nagapattinam coastal area, and also

photographed the sketches of entry and exit marked on a map of

Nagapattinam port in his Blackberry mobile phone along with his friend.

Subsequently (A1) Thameem Ansari sent those Photos/ Videos clippings

through common e-mail to the Pakistan Intelligence Officers.


16.3.15. Meanwhile, in June 2012, (A2)Haji @ Mohamed Anver

Mohamed Siraj Ali, contacted (A1) Thameem Ansai and told him that (A4)

Saghe @ Lanka Saghe was asking to send the photographs and videos

which he had been instructed to take. (A1)Thameem Ansari informed (A2)

Haji @ Mohamed Anver @ Mohamed Siraj Ali that he had prepared a

detailed description for the photos and videos he had taken, copy it in a CD

and would hand it over.

16.3.16. On 23.06.2012 (A1) Thameem Ansari along with Miller @

Miller Prabhu went to Colombo and they were received by (A2) Haji @

Mohamed Anver Mohamed Siraj Ali at the Airport. Then they went to a hotel

and stayed there. On the same day evening they went to another location by

road (150 kms) where they met Faseel, a friend of Haji. On the next day A1

met A2 at the KFC outlet, within few minutes of meeting, (A3) Boss @ Amir

Zubair Siddique and (A4) Saghe @ Lanka Saghe also arrived there. They

had a detailed discussion and (A3) Boss @ Amir Zubair Siddique and (A4)

Saghe @ Lanka Saghe were happy about the videos/photos of Indian Naval

Detachment at Mallipattinam and Nagapattinam, but they insisted that the

photos and videos should be supported with writings. (A1) Thameem Ansari

assured him to send it. (A4) Saghe @ Lanka Saghe also insisted to collect

more details on defence related matters. (A4) Saghe @ Lanka Saghe told

(A1) Thameem Ansari that he had credited Sri Lankan Rs.10,000/- in the

Sampath Bank, Sri Lanka ATM, account for expenses to collect more

information.

16.3.17. On 12.07.2012, (A1) Thameem received information from

Faseel that Haji was visiting India and was in Mumbai and would be visiting

Bangalore on 13.07.2012. Immediately (A1) Thameem Ansari and his friend

Senthil Kumar left for Bangalore in a car. The next day (A1) Thameem

Ansari met (A2) Haji @ Mohamed Anver @ Mohamed Siraj Ali at Bangalore

and they went to a Madarsa and attended a Jamath meeting. Haji’s friend

Hazarath-Moulana Abdul Rahim was also with him. Later, (A1) Thameem

Ansari, (A2) Haji @ Mohamed Anver Mohamed Siraj Ali and Senthil Kumar

came to Chennai by road and (A2) Haji @ Mohamed Anver @ Mohamed

Siraj Ali went to Sri Lanka via Chennai Airport. (A1) Thameem Ansari and

Senthil Kumar returned to Thanjavur.


16.3.18. After the departure of (A2) Haji @ Mohamed Anver Mohamed

Siraj Ali, on 13.07.2012, (A1) Thameem Ansari tried to concentrate more on

the work assigned to him by the Pakistan Intelligence Officers. (A4) Saghe

@ Lanka Saghe, contacted (A1) Thameem Ansari frequently and asked him

to send the details over e-mail. (A1) Thameem Ansari told that it would take

few more days.

16.3.19. On 22.07. 2012, (A1) Thameem Ansari had received a call from

(A4) Saghe @ Lanka Saghe, he asked to send the CDs collected from Army

Officer (Retd.) and other information about Indian Army. (A1) Thameem

Ansari had not send the details through e-mail as the data was in bulk and

could not be sent via e-mail. (A1) Thameem Ansari informed (A4) Saghe @

Lanka Saghe that he would send those details copied in a CD shortly.

16.3.20. On 06.08.2012, (A1) Thameem Ansari received calls from (A4)

Saghe @ Lanka Saghe which he did not attend. Later, (A2) Haji @

Mohamed Anver Mohamed Siraj Ali called him on the same day and

reprimanded for not attending the call of (A4) Saghe @Lanka Saghe. (A1)

Thameem Ansari informed (A2) Haji @ Mohamed Anver @ Mohamed Siraj

Ali that he had collected the insignias as required by (A4) Saghe @ Lanka

Saghe and had already sent it. A2 asked A1 to send SMS to (A4) Saghe @

Lanka Saghe in this regard. Later, again (A4) Saghe @Lanka Saghe called

(A1) Thameem Ansari and said that he should attend his call and said that

he did not mind if work is delayed, but he should be prompt in attending his

calls. Further, (A1) Thameem Ansari assured (A4) Saghe @ Lanka Saghe

that he would be sending the e-mail shortly and would give best results in a

day or two.

16.3.21. (A4) Saghe @ Lanka Saghe had greeted (A1) Thameem Ansari

on the occasion of Id-Ul-Fitr. (A2) Haji @ Mohamed Anver @ Mohamed

Siraj Ali asked (A1) Thameem Ansari to send details requested by the (A4)

Saghe @ Lanka Saghe immediately. (A1) Thameem Ansari said that since

the volume of data is more he could not send it in e-mail and had copied it in

a CD. A2 asked A1 Thameem Ansari should keep the CD carefully and told

that he would be coming to India shortly and at that time he would

personally collect the CD from him.


16.3.22. (A2) Haji @ Mohamed Anver Mohamed Siraj Ali called (A1)

Thameem Ansari, and asked him to come to Colombo on 10.09.2012 as

(A3) Boss @ Amir Zubair Siddique wanted to meet him. (A2) Haji @

Mohamed Anver Mohamed Siraj Ali informed that Boss had gone to

Germany and would be back to Colombo on 10.09.2012 and he wanted to

meet (A1) Thameem Ansari on 11.09.2012. (A1) Thameem Ansari planned

to go on 11.09.2012 but postponed his journey to 16.09.2012. Later on

16.09.2012, at 0515 hrs (A1) Thameem Ansari boarded a bus from

Thanjavur to Trichy Airport to go to Colombo. By that time he was arrested

by the Q Branch CID, Trichy on specific information.

16.3.23. (A1) Thameem Ansari had stored e-mail communication with

other accused (A3) Boss @ Amir Zubair Siddique and (A4) Saghe @ Lanka

Saghe. The communication details which was stored in CD was recovered

from the possession of (A1) Thameem Ansari during his arrest.

16.3.24. On specific information, a joint team of ‘Q’ branch, C.I.D and

Special Division of Tamil Nadu Police arrested (A1) Thameem Ansari,

S/o.Abdul Rahman, Door No.G3, Taj Residency, AVP Azhagammal Nagar,

New Bus Stand, Thanjavur on 16.09.2012, at 2000 hrs. During interrogation,

he also confessed the offences. On the complaint of Shri A.Marimuthu, SI,

‘Q’ Branchi CID, Trichy, a case was registered in Trichy ‘Q’ Branch CID PS

in Cr.No.01/2012 U/s. 3, 4 and 9 of the Official Secrets Act 1923 r/w Sec

120(B) IPC. During the course of investigation by Trichy ‘Q’ Branch CID

incorporated Section 18, 18(B) of the Unlawful Activities (Prevention) Act

1967 and Sec 121(A) IPC.

16.3.25. In view of the gravity of the offence, the Central Government in

exercise of its powers U/s 6 r/w 8 of NIA Act, the Ministry of Home affairs

vide order F.No.11011/08/2013–IS.IV dated 23.04.2013, directed NIA to

take up further investigation in this case. Accordingly, NIA re-registered the

case as RC No.03/2013/NIA/HYD and the FIRs was submitted before the

Hon’ble NIA Special Court, Poonamallee, and Chennai on 01.05.2013 and

investigation was taken up.


16.4. Facts pertaining to (A5) Arun Selvarajan:-

16.4.1. (A5) Arun Selvarajan is a Sri Lankan national and having a Sri

Lankan Passport bearing No.N215280 issued by Passport authority of

Colombo. (Earlier Sri Lankan Passport bearing No.M1732664). The

Passport details shows that he frequently visited Colombo and India. The

prosecution case is that (A3) Boss @ Amir Zubair Siddique and (A4)

Vineeth @ Saghe @ Lanka Saghe used the modus operandi as like as with

(A1) Thameem Ansari, with (A5) Arun Selvarajan to collect secret

information of defence installations from India. During August 2008, (A5)

was be friended by one Vineeth, who was later identified as (A4) Saghe @

Lanka Saghe. (A5) Arun Selvarajan told (A4) Vineeth @ Saghe @ Lanka

Saghe that he is having some financial problems in Sri Lanka and he is in

need of some financial assistance. (A4) Vineeth @ Saghe @ Lanka Saghe

introduced (A3) Boss @ Amir Zubair Siddique to (A5) Arun Selvarajan on

the pretext that (A3) Boss @ Amir Zubair Siddique will help him financially if

(A5) Arun Selvarajan agreed to fulfil the obligations of (A3) Boss @ Amir

Zubair Siddique, which was a conspiracy to wage a war against India and

commit a terrorist activity. (A5) Arun Selvarajan agreed for the same and

was instructed to go to India under the guise of doing some business and

collect information from India about Indian Defence vital installations and

send him for which he will be paid. (A3) Boss @ Amir Zubair Siddique and

(A4) Vineeth @ Saghe @ Lanka Saghe also instructed that the information

furnished by him should be confidential and useful to them to enable them to

cause damage or destruction to any property in India in particular or to the

security of India in general. (A5) Arun @ Arun Selvarajan agreed to his

proposal.

16.4.2. As conspired with (A3) Boss @ Amir Zubair Siddique and (A4)

Vineeth @ Saghe@Lanka Saghe, (A5) Arun Selvarajan came to Chennai,

India on 11.11.2008. (A3) Boss @ Amir Zubair Siddique provided (A5)

Arun Selvarajan Rs.25,000/- Sri Lankan rupees. Thus (A5) Arun Selvarajan

entered India with criminal intent to commit an offence of Terrorist Act.


16.4.3. In furtherance to the conspiracy, (A5) Arun @ Arun Selvarjan

started uploading the important information available in the local newspaper

regarding the vital installation and political meetings. (A5) Arun Selvarajan

used to contact (A4) Vineeth @ Saghe @ Lanka Saghe to pass information

and (A3) Boss @ Amir Zubair Siddique and (A4) Vineeth @ Saghe @ Lanka

Saghe funded for (A5) Arun Selvarajan for the information furnished by (A5)

Arun Selvarajan to them in the common email ID known to the each other.

(A4) Vineeth @ Saghe @ Lanka Saghe used to send money to (A5) Arun

Selvarajan by depositing in his account in Seylon Bank based in Borelli

branch and Havelock branch of Srilanka. Since (A5) Arun Selvarajan was

having a Visa Debit Card of Seylon Bank he used to draw money from

ATMs in India for his expenditure regarding collection of vital information.

16.4.4. (A5) Arun Selvarajan used to send information through e-mail

IDs which (A4) Vineeth @ Saghe @ Lanka had provided. (A5) Arun

Selvarajan used to communicate the information through draft mail in the

given e-mail ID in text form as instructed by (A4) Vineeth @ Saghe @

Lanka, who used to open the e-mails since the passwords were known to

each other he could read the messages and delete them. The e-mails used

include smith123 or 007 @ yahoo.com, wincent_123 @ yahoo.com or

wincent-123 @ yahoo.com or wincent_007 @ yahoo.com or wincent-007 @

yahoo.com, naresh_iyer @ live.com and naresh_iyer @ hotmail.com etc. A

total of 14 e-mail IDs were revealed. (A5) Arun Selvarajan had sent these e-

mails from net cafes in Collector Nagar, Muggapeir, Chennai. (A5) Arun

Selvarajan also used to contact (A4) Vineeth @ Saghe @ Lanka on his

Skype ID preethizinda, etc.

16.4.5. The Prosecution case against (A5) Arun Selvarajan is that,

various mails were sent from his e-mail ID [email protected]

e-mail ID of (A4) Vineeth @ Saghe @ Lanka Saghe, Sri Lanka, Pakistan

Intelligence Officer [email protected]. The contents of the mail

exchanged include information about Indian Army battle tanks. On

19.09.2014, e-mail extraction proceedings of the accused (A5) Arun

Selvarajan revealed the above.

mailto:wincent_123%20@%20yahoo.com

mailto:[email protected]

mailto:[email protected].


16.4.6. Further, (A5) Arun Selvarajan committed the offences as under:

On 01.05. 2009, (A5)Arun Selvarajan came to India and rented a house in

Chennai, Muggapeir, Collector Nagar in an apartment by name “Queens

Villa" on the 2ndFloor. For around one year he studied Aviation Hospitality

Course in Frank Finn Institute and continued to talk to (A4) Vineeth @

Saghe @ Lanka Saghe. (A5) Arun Selvarjan used to contact (A4) Vineeth @

Saghe @ Lanka Saghe in his mobile phone No.0094711147293 from using

Indian mobile No.9176062277 and passed information about the collection

information and places of Indian Army installations. The said mobile number

No.0094711147293 is same mobile number used by (A4) Vineeth @ Saghe

@ Lanka Saghefor giving instructions to (A1) Thameem Ansari also. This is

the connecting link between handlers and (A1) Thameem Ansari and (A5)

Arun Selvarajan.

16.4.7. Further, (A4) Vineeth @ Saghe @ Lanka Saghe and A3) Boss

@ Amir Zubair Siddique said that they were not interested in the information

he had sent and instructed (A5) Arun Selvarajan to collect information of

Indian Naval base and Nuclear Submarine in Vishakapatnam, Kalpakkam

Atomic Power Plant in Chennai, Naval bases and defence areas in Cochin,

take photographs, mark the places on GPS and send to them. Further they

instructed (A5) Arun Selvarajan to collect information about Indian Navy

Ship movements and also to hire a house at Avadi Chennai, stay there,

befriend defence persons and then introduce them to him.

16.4.8. (A4) Vineeth @ Saghe @ Lanka Saghe instructed (A5) Arun

Selvarajan to collect information about NSG and make friendship with some

trainees. On another occasion (A4) Vineeth @ Saghe @ Lanka Saghe

wanted (A5) Arun Selvarajan to collect information about crowded, market

place in Koyamedu, Chennai. (A4) Vineeth @ Saghe @ Lanka Saghe

asked (A5) Arun Selvarajan to go to Officer’s Training Academy (OTA),

Pallavaram, Chennai and prepare a sketch and befriend young military

officers.


16.4.9. In furtherance to the conspiracy to execute the same (A5) Arun

Selvarajan obtained an Indian passport bearing No.H9585852 in the name

Sivagaminathan Saravanamuthu using forged documents and in a fictitious

name. The aim of obtaining Indian Passport is to have an easy access in

prohibited/restricted area and to collect information, posing as an Indian

Citizen. So that no will suspect him.

16.4.10. Further, in pursuance to the conspiracy and in the process of

collecting information as instructed by (A3) Boss @ Amir Zubair Siddique

and (A4) Vineeth @ Saghe @ Lanka Saghe, (A5) Arun Selvarajan was to

identify persons who could access the prohibited/restricted areas in India.

(A5) Arun Selvarajan joined as an employee in the event management

groups functioning at Chennai who were doing event management at

Chennai Port, Indian Coast Guard, Indian Army etc. Under the guise of

employee of event management, (A5) Arun Selvarajan entered

prohibited/restricted areas. Thus intentionally / knowingly (A5) Arun

Selvarajan obtained Indian Passport by using forged documents in the

name of Sivagaminathan Saravanamuthu to facilitate the commission of a

terrorist act. He collected vital information and hence participated in acts

preparatory to the commission of a terrorist act.

16.4.11. As instructed by the handlers, (A5) Arun Selvarajan visited

Officer’s Training Academy, Chennai (OTA), prepared a sketch of OTA and

also shared information about it. (A5) Arun Selvarajan used the code

“business people” for army officers in telephonic conversation as with his

handlers. They exchanged information through skype communication also.

(A4) Vineeth @ Saghe@Lanka Saghe also wanted (A5) Arun Selvarajan to

make friends with Coast Guard officers.

16.4.12. (A4) Vineeth @ Saghe @ Lanka Saghe also told (A5) Arun

Selvarajan that he would arrange his meeting with A-1 Themeem Ansari,

who is another person working for them in India.


16.4.13. (A4) Vineeth @ Saghe @ Lanka Saghe deposited money into

(A5) Arun Selvarajan’s Seylan Bank account in Sri Lanka to the tune of Sri

Lankan Rupees 1,30,500/- for carrying of espionage/subversive activities in

India. (A4) Vineeth @ Saghe @ Lanka Saghe also sent names of other

account holders, account numbers and branch name through SMS to (A5)

Arun Selvarajan through Sri Lankan mobile number 94716934218. (A5)

Arun Selvarajan received message to deposit this money to third party

account holders in Moradabad. As per the direction of (A4) Vineeth @

Saghe @ Lanka Saghe, (A5) Arun Selvarajan withdrew the Indian Currency

using his Seylan debit card in Chennai and on 01.03.2010 and 23.06.2010

deposited Rs.1,300/- and Rs.2200/- respectively into the SB account

bearing No.2023809011 of one Mohammed Ansar Ahamed held in

Allahabad Bank, Moradabad branch from the Muggapair East branch of

Allahabad bank, using pay in slip. Likewise, (A5) Arun Selvarajan had also

deposited Rs.1000 into the SB account bearing No.3982000100100383 of

one Anwar Hussaine held at Punjab National Bank, Moradabad branch from

Punjab National Bank of Anna Nagar branch, using pay in slip. (A4)Vineeth

@ Saghe@Lanka Saghe wanted (A5) Arun Selvarajan to send money to

another person on the second instance. (A5) Arun Selvarajan sent the

same.

16.4.14. (A5) Arun Selvarajan to continue his activities in India, prepared

false documents for supporting his claims and applied an Indian Passport

through one broker in Chennai and obtained the same in a fakename i.e.,

Sivagaminathan Saravanamuthu impersonating his photograph as

Sivagaminathan Saravanamuthu on 02.06.2010.

16.4.15. In continuation of the conspiracy, on 05.07.2012, (A5) Arun

Selvarajan, being a Sri Lankan, on the pretext of event manager trespassed

into the prohibited/restricted place of the Chennai Port where the

inauguration programme designed for installation of Vessel Traffic

Management System (VTMS) at Chennai port Trust on 06.07.2012 and took

classified photographs of VTMS Tower installed for the purpose of safe

navigation of ships including Indian Naval and Coast Guard Ships entering

and leaving Chennai Port, to warn the ship while approaching the


anchorage, to provide hydrological and metrological data of ship, to provide

security and prevent illegal entry of vessels into the Chennai Port and

regulating maritime traffic flow. The above information and photographs

were retrieved from the electronic gadgets seized from the possession of

(A5) Arun Selvarajan during his arrest.

16.4.16. In continuance of the criminal conspiracy, (A5) Arun

Selvarajan used to send the collected information through e-mail IDs which

(A4) Vineeth @ Saghe @ Lanka Saghe had provided. (A5) Arun Selvarajan

also used to communicate the information through draft e-mail in the given

e-mail ID in text form as instructed by (A4) Vineeth @ Saghe @ Lanka

Saghe used to open the e-mails since the passwords were given by him,

read the messages and delete them. The e-mails used include smith123@

yahoo.com, [email protected], [email protected], wincent-

[email protected], [email protected], wincent-007 @ yahoo.com,

[email protected] and naresh_iyer@ hotmail.com etc. The mail was

sent to (A4) Vineeth @ Saghe @ Laka Saghe to his email id

[email protected] and the contents of the mail exchanged include

information about the Indian Army battle tanks and Indian Army Wants to

add another 1,000 T-90S Tanks by 2020 with the photographs of Indian

Army Tank details.

16.4.17. The prosecution contends that after the arrest of (A1) Thameem

Ansari, his CDRs of mobile number was verified and CDRs reveals that a

frequent calls has been made to 0094711147293 and on the analysis report

reveals that from 0094711147293 a frequent calls has been made/received

by that mobile number from one Indian Mobile bearing No.9176062277

which was identified as mobile number used by one Arun Selvarajan.

Therefore, during the month of August 2014, the NIA requested the

Government of India for legal interception. Based on the legal interception

that (A5) Arun Selvarajan also made frequent calls to the Sri Lankan Mobile

Numbers.0094711147293 used by (A4) Vineeth @ Saghe @ Lanka Saghe.

During one of a lawfully intercepted call (A5) Arun Selvarajan made call to

one of his person and voluntarily confessed that he committed an offence as

above stated and he feels bad and therefore needed a narcotic drug.

mailto:smith123@%20yahoo.com

mailto:smith123@%20yahoo.com






mailto:wincent-007%20@%20yahoo.com



mailto:ineeth%20@%20Saghe%20@%20Laka%20Saghe%20to%20his%20email%20id%20%[email protected]

mailto:ineeth%20@%20Saghe%20@%20Laka%20Saghe%20to%20his%20email%20id%20%[email protected]


16.4.18. Based on the lawfully intercepted call, (A5) Arun Selvarajan

was summoned and he confessed his guilt and he was arrested on

10.09.2014. Based on the confession several incriminating material

including a laptop, hard drives containing classified photographs and

sketches of nd GanChennai Port /Harbour, Indian Coast Guard (ICG),

Officers Training Academy (OTA) aja (Cannabis) were seized in the

presence of two independent witnesses. It is pertinent to note that during the

house search of (A5) Arun Selvarajan under Mahazer, a paper containing

mobile number of (A1) ThameemAnsari also seized. This is a clear proof to

show that (A5) Arun Selvarajan and (A1) Thameem Ansari were engaged by

(A2) Haji @ Mohamed Anver Mohamed Siraj Ali, (A3) Boss @ Amir Zubair

Siddique and (A4) Vineeth @ Saghe @ Lanka Saghe for carrying out acts

preparatory to the commission of terrorist act and the conspiracy between

them.

16.4.19. As per the confession made by (A5) Arun Selvarajan, (A5) Arun

Selvarajan was in habit of recording the conversion in micro cassettes

between the handlers and him, since he wanted to keep as a proof for his

act to demand fund from his handlers. On the basis of the confession during

the search the said micro cassettes were recovered on 11.09.2014 from the

possession of (A5) Arun Selvarajan and the same was forwarded to TNFSD,

Mylapore, Chennai for analysis.The result is yet to be received.

16.4.20. Investigation conducted so far has revealed that accused (A1)

Thameem Ansari, (A2) Haji @ Mohamed Anver Mohamed Siraj Ali, (A3)

Boss @ Amir Zubair Siddique, (A4) Vineeth @ Saghe @ Lanka Saghe and

(A5) Arun Selvarajan hatched a criminal conspiracy to cause damage or

destruction to property in India intended to be used for its defence, which

was likely to threaten the unity, integrity, security or sovereignty of India.

(A1) Thameem Ansari and (A5) Arun Selvarajan collected classified

photographs, video clippings, sketches and other information related to the

Wellington Military Training Centre, Madras Regimental Centre(MRC),

Defence Service Staff College (DSSC) and Station Head Quarters at

Wellington, Karaikkal and Nagapattinam Harbours including Indian Naval

Detachment inside the Nagapattinam Port and Fishing Jetty of


Mallipattinam, Coastal areas, Chennai Port including about the installation of

Vessel Traffic Management System (VTMS), Officer’s Training Academy

(OTA) at Chennai, Indian Air Force Station at Thanjavur, the restricted /

prohibited areas of the Indian Coast Guard and Indian Army related

insignias and handed over to their foreign handlers operating from outside

the country. They were also instructed to provide details of the “Project

Varsha”. Project Varsha is a new naval base being developed under Project

Varsha for the Indian Navy. This base will be the home of the Navy's new

fleet of nuclear submarines and ships of the Indian Navy and information

relating to Nuclear Submarines. They intended to cause damages to

defence of India and also the unity, sovereignty and integrity of Government

of India and to disturb the peace in the Indian Nation. They carried out acts

preparatory to the commission of terrorist act, as well as conspired to wage

a war against the Government of India, which also involves violation of the

Official Secrets Act, the Passport Act and NDPS Act.

17. FACTS DISCLOSED DURING THE INVESTIGATION:-

17.1. During the period from 2008 to 2014, A1, A2, A3 A4 and A5

hatched a criminal conspiracy to commit a terrorist act. They all agreed with

the common intent to threaten the unity, integrity and security and by using

means of whatever nature, mentioned below, and did acts which were likely

to cause damage to, or destruction of, property. They conspired and

knowingly facilitated the commission of acts preparatory to a terrorist act.

In furtherance of the common object and acts preparatory to the commission

of terrorist act, the investigation disclosed that (A2) Haji @ Mohamed Anver

Mohamed Siraj Ali, (A3) Boss @ Amir Zubair Siddiqueand (A4) Vineeth @

Saghe @ Lanka Saghe identified and recruited (A1) Thameem Ansari on

account of his financial vulnerability and initiated him to the business of

export of Onions and Potatoes from India. (A1) Thameem Ansari suffered

losses in the said business and (A3) Boss @ Amir Zubair Siddique and (A4)

Vineeth @ Saghe@ Lanka Saghe promised to help him out in the financial

crisis thereby making him feel obliged and directed him to get details about

Army formations, locations, insignia, etc. They told him that the plight of

http://en.wikipedia.org/wiki/Indian_Navy


Muslims in India needed to be improved and asked him to help in whatever

way possible. (A1) Thameem Ansari was directed to pose as a rich

businessman to befriend personnel of the Armed Forces by spending

money on them and arrange luxuries and vices including women, cash and

drinks and obtain details like maps, drawings, photos of Vishakhapatnam

Naval Base Camp, Coastal areas and Naval detachments and concentrate

more on the prestigious ‘Project Varsha’. (A1) Thameem Ansari was asked

by (A3) Boss @ Amir Zubair Siddique and (A4)Vineeth @ Saghe@ Lanka

Saghe to take the alibi of producing a movie in the name of “Power of India”

by which he could associate himself with the targets and gather necessary

information.

17.2. In furtherance to the conspiracy, (A3) Boss @ Amir Zubair

Siddique and (A4) Vineeth @ Saghe @ Lanka Saghe gave (A1) Thameem

Ansari an e-mail ID and password with pre-arrangement that both will

operate the e-mail and store information only in draft mode which would

facilitate the other person to open, reply and later erase the contents so as

to avoid detection of authentic evidence.

17.3. The conspiracy was explicitly put into action and (A1)

Thameem Ansari on the instructions of (A3) Boss@ Amir Zubair Siddique,

travelled from Colombo to Thanjavur, Vishakhapatnam and Trichy. (A1)

Thameem Ansari had befriended an Army Officer (Retd.) and had

photographed insignia of the Indian Army discretely. (A1) Thameem Ansari

obtained classified information in the form of videos and photographs about

prominent Army formations and sectors,the Madras Regimental Centre,

Defence Service Staff College of Wellington, Cantonment area, Indian Naval

Detachment at Nagapattinam and Mallipattinam, Pipe lines installed by

Chennai Petroleum Corporation Limited at Karaikkal Port. Some of the

material was edited and enhanced at video shops at Thanjavur. This

information was shared with his co-conspirators and his Pakistani handlers

in Sri Lanka.

17.4. In order to carry out these acts in furtherance of the conspiracy

(A1) Thameem Ansari had collected funds from (A3) Boss @ Amir Zubair

Siddique and (A2) Haji @ Mohamed Anver @ Mohamed Siraj Ali. (A3)


Amir Zubair Siddique gave (A1) Thameem Ansari, Sampath bank ATM card

belonging to another person at Colombo.

17.5. (A1) Thameem Ansari was arrested on 17.09.2012 at Trichy

when he was going to handover the incriminating information contained in

the form of CDsand DVDs to (A3) Boss @ Amir Zubair Siddique, who is the

Intelligence Officer of Pakistan serving in Pakistan High Commission in

Colombo, Sri Lanka.

17.6. The CDs/DVDs which were recovered from (A1) Thameem

Ansari’s possession at the time of arrest, containedsensitive photographs,

videos, e-mails, which is an important piece of evidence that (A1) Thameem

Ansari had entered prohibited places, shot, recorded and collected

information, photographs and communications which if had fallen in the

enemy hands will be prejudicial to the safety of India, likely to threaten the

unity, integrity, security or sovereignty of India. The ATM Cards and the

bank records thereof revealed that (A1) Thameem Ansari has been

rewarded for his espionage/subversive activities and the details of the

movement of funds have been stated in great detail. There is no doubt that

there is material available against this accused (A1) Thameem Ansari for

the espionage/subversive activities done by him.

17.7. During the course of investigation, the CDRs of (A1) Thameem

Ansari was analysed and found that calls to (A3) Boss @ Amir Zubair

Siddique and (A4) Vineeth @ Saghe @ Lanka Saghe i.e. 0094729664046

and 0094711147293 were made.It was ascertained that many calls to (A5)

Arun @ArunSelvarajan in mobile No. 9176062277 was made by (A4)

Vineeth @ Saghe @ Lanka Saghe from his mobile No. 0094711147293. On

verification it was found that (A5) Arun @ Arun Selvarajan is a Sri Lankan

national, residing at Chennai. Hence legal interception was mounted on his

mobile No. 9176062277 during the month of August 2014. During one of

the lawfully intercepted calls (A5)Arun Selvarajan has made an voluntarily

confession to one of his friend that he acted at the behest of Pakistan

Embassy officials in Sri Lanka, collected and disseminated vital information

of Indian defence installations.


17.8. (A3) Boss @ Amir Zubair Siddique and (A4) Vineeth @ Saghe@

Lanka Saghe had adopted the same modus operandi with (A5)Arun

@ArunSelvarajan to collect secret and sensitive information of defence

installations from India. During August 2008, (A5)Arun @ ArunSelvarjan

was befriended by (A4)Vineeth@ Saghe @ Lanka Saghe. (A5)Arun

Selvarajan told (A4) Vineeth @ Saghe@Lanka Saghethat he is having some

financial problems in Sri Lanka and he is in need of some financial

assistance. (A4) Vineeth @ Saghe@Lanka Sagheintroduced (A3) Boss @

Amir Zubair Siddiqueto (A5) Arun Selvarajan on the pretext that (A3) Boss

@ Amir Zubair Siddiquewill help him financially if (A5) Arun Selvarajan

agreed to fulfil the obligations of (A3) Boss @ Amir Zubair Siddique. (A5)

Arun Selvarajan agreed for the same and was instructed to go to India

under the guise of doing business and collect information from India about

Indian Defence vital installations and send him for which he will be paid.

(A3) Boss @ Amir Zubair Siddique and (A4) Vineeth @ Saghe@Lanka

Saghe also instructed that the information furnished by him should be

confidential and useful to them to enable them to cause damage or

destruction to any property in India in particular or to the security of India in

general. A5 agreed to his proposal with a common object of conspiracy to

commit terrorist acts.

17.9. In furtherance of the common object on the directions of

(A4)Vineeth @ Saghe@Lanka Saghe, (A5) Arun Selvarajan started

gathering information of the Indian Army battle tanks, Police Headquarters,

Government Office opposite to Marina beach. This data was asked to be

handed over by (A5) Arun Selvarajan to (A4) Vineeth @ Saghe @ Lanka

Saghe who was in the Pakistan High Commission at Colombo. When (A5)

Arun Selvarajan came to the High Commission at Colombo, Sri Lanka, (A4)

Vineeth @ Saghe @ Lanka Saghe introduced him to (A3) Boss @ Amir

Zubair Siddique and the real purpose was revealed to him. (A5) Arun

Selvarajan was specifically instructed by (A3) Boss @ Amir Zubai Siddique

to take sensitive photographs and collect information about the vital defence

installations in India like, Indian Naval Base, Nuclear Submarine Station,

Atomic Power Plant, etc., (A5) Arun Selvarajan was also instructed to

befriend Defence Personnel and gather information from them and for this


purpose (A5) Arun Selvarajan was sent back to India. (A5) Arun Selvarajan

upon his arrival in India started executing his objectives and for his services

(A4) Vineeth @ Saghe @ Lanka Saghe was paying (A5) Arun Selvarajan.

17.10. In furtherance to the conspiracy, in order to gather further

sensitive information, (A5) Arun Selvarajan joined the event management

business and gathered the necessary documentation required such as PAN

Card for the business. For this he fabricated false documents and applied

for an Indian Passport on a different name. (A5) Arun Selvarajan used the

passport obtained by fraudulent means and obtained easy access to Indian

Defence installations like Officers Training Academy (OTA), at Pallavaram,

Chennai, Chennai Port and Indian Coast Guard at Chennai. (A5) Arun

Selvarajan even prepared a sketch of the restricted areas of OTA.

17.11. The intention was to collect material / sensitive information so

as to cause damage to the defence establishment of India thereby affecting

the unity, sovereignty and integrity of the Government of India and to disturb

the peace in the nation. (A5) Arun Selvarajan was under legal interception

and he voluntarily confessed to his friend on phone about the activities

involving (A3) Boss @ Amir Zubair Siddique and (A4) Vineeth @ Saghe @

Lanka Saghe. (A5) Arun Selvarajan recorded his conversation with (A4)

Vineeth @ Saghe @ Lanka Saghe and also saved them in micro cassettes.

These microcassettes were recovered on 11.09.2014 from the possession

of (A5) Arun Selvarajan. These microcassettes forwarded to the Director,

TNFSD, Chennai for examination and result is awaited.

17.12. (A1) Thameem Ansari visited and took photographs of Wellington

Military Training Centre and Defence Services Staff College (DSSC) (Indian Army),

Mallipattinam & Nagapattinam Naval Detachments (Indian Navy), Thanjavur Air Force

Station (Indian Air Force) which are prohibited places as per the Official Secrets Act.

(A5) Arun Selvarajan entered Chennai Port / Harbour which is also declared

as prohibited area by the Notification Letter No. WB/1291-13/74 of Public

(SC) Department, Government of Tamilnadu dated 04.06.1976 and also

visited/entered Officer’s Training Academy (Indian Army-OTA), Chennai and

Indian Coast Guard, Chennai. Most of the above installations are under

threat of possible attacks by terrorist organisations according to the different


inputs issued by the various security agencies. Both (A1) Thameem Ansari

and (A5) Arun Selvarajan in furtherance of the common object have

committed illegal acts by entering prohibited places, collecting information

and communicating with Pakistan Intelligence Officers serving in Pakistan

Embassy in Sri Lanka violating official secrets act.

Experts Examination/Analysis and Opinion:-

17.13. Investigation on the e-mail communications have revealed that

the modus operandi that has been adopted to communicate with handlers

was to upload the sensitive information, photos and video clippings in draft

mode and making it accessible for the intended recipient by sharing the

password with recipient(s)who would login at their end with the shared

password. The IP registration of one e-mail ID is in Sri Lanka created on

01.03.2012 using of the service provider “Sri Lankan Telecom” with static IP

with latitude & longitude 6.8.48 North, 79.92.65 East respectively. This e-

mail is a draft mode communication in which sensitive photographs have

been uploaded and the same includes various insignia, medals of the Indian

Army and the sketches of entry & exit details of Nagapattinam harbour

including Naval Detachment inside of the Nagapattinam Port. The sensitive

photographs uploaded have been taken by (A1) Thameem Ansari’s Black

Berry mobile as is evident from the properties of the photographs and which

was recovered from his possession. The insignia of Indian Army and

sensitive photographs were taken without his knowledge from an Army

Officer (Retd.) by (A1) Thameem Ansari which is corroborated by statement

of an Army Officer (Retd.) and also the expert opinion matching the medals

and insignia with the images (photographs of insignia) stored in Black Berry

mobile which was seized from his possession at the time of his arrest on

16.09.2012.

17.14. The investigation disclosed the facts that the e-mail

[email protected] is used by (A1) Thameem Ansari to communicate

with (A4) Vineeth @ Saghe @ Lanka Saghe. The draft e-mail dated

13.03.2012 proves about the exchange of certain sensitive photographs

earlier and questions related to defence field information, the total numbers,

commanding officer’s name etc.

mailto:%[email protected]

mailto:%[email protected]


17.15. It is pertinent to note that this e-mail also reveals (A4) Vineeth @

Saghe @ Lanka Saghe asking for more defence related information and

also give reward based on (A1) Thameem Ansari’s performance. Another

e-mail dt.25.04.2012 asks (A1) Thameem Ansari to get more details about

the Navy and tasks him to get the unit signs of various Indian Army

formations and commands. (A4) Vineeth @ Saghe @ Lanka Saghe is also

asking (A1) Thameem Ansari to make friends in the Navy and Army and

send their news.

17.16. The contents of the e-mail is also corroborated with the e-mail

messages stored in a CD which was recovered from (A1) Thameem

Ansari’s possession. The CD further shows the reply of (A1) Thameem

Ansari writing about two military training centres Wellington and

Vishakapattanam. He also writes about sending photos of Wellington, the

total area and training in Wellington. Further (A1) Thameem Ansari

discusses about the places of Air Force in Tamil Nadu and also Navy’s

presence in Tamil Nadu. He also mentions about staying in Ooty for four

days and collecting information.

17.17. The e-mail also has two draft letters sent from mail ID Thanjavur

Natarajan Jayakumar [email protected] which was drafted by one

Sriram, office staff of Jeyakumar on behalf of (A1) Thameem Ansari to be

communicated to (A4)Vineeth @ Saghe @ Lanka Saghe. In this letter he

mentioned that the questions raised by (A4) Vineeth @ Saghe @ Lanka

Saghe on defence divisions and command pertain to different States in India

and will take more time. He also mentioned of photos that have been sent to

(A4)Vineeth @ Saghe @ Lanka Saghe and also asks for a personal

meeting to discuss the issue.

17.18. In the CD recovered, (A4) Vineeth @ Saghe @ Lanka Saghe

further asks for defence related information which is not in the open media

and asks to get information on Rambilli Naval base near Vishakapattinam.

(A4) Vineeth @ Saghe @ Lanka Saghe also enquires about the crest

/monogramme of army units which he had asked earlier. (A4)Vineeth @

Saghe @ Lanka Saghe also says that ATM Card is in final stages and he

will send it to A1 Thameem Ansari. (A4) Vineeth @ Saghe @ Lanka Saghe

further asks for the details of project “Varsha” which is the newly constructed



Naval base of India near Vishakapattinam. He queries about the details,

stage and depth of the channel.

17.19. The CD containing other e-mail which was drafted on

03.05.2012 to be communicated to (A4) Vineeth @ Saghe @ Lanka Saghe

mentioned his commitment to fully contribute to the project. He mentions his

loss in business and asks him to help him with a loan of 35000 USD which

could be adjusted in due course of the project work which clearly implies

collection and communication of information related to defence.

Alternatively he asks him to help him with Opening Letter of Credit (LC) with

banks so that he can export.

17.20. The CD containing Mail dated 06.07.2012 also mentions the

communication of (A4)Vineeth @ Saghe @ Lanka Saghe to (A1) Thameem

Ansari about his effort in Mallipattinam. (A4)Vineeth @ Saghe @ Lanka

Saghe appreciates his effort overall but asks him to get the names on the

object when recording the videos (A4) Vineeth @ Saghe @ Lanka Saghe

also asks (A1) Thameem Ansari to get information on solar base and

Nagapattinam and send as draft mail. Here the modus operandi of

communication is discussed. (A1) Thameem Ansari writes about the

Mallipattinam Naval Detachment, details of training, firing practice and

inspection intervals along with the details of soldiers (solgar)

17.21. The investigation disclosed the facts that e-mail transaction

between the (A1) Thameem Ansari and (A4) Vineeth @ Saghe @ Lanka

Saghe also reveals that (A4) Vineeth @ Saghe @ Lanka Saghe asking for

more defence related information and also give reward based on (A1)

Thameem Ansari’s performance. As per the e-mail transaction

dt.09.04.2012, 27.04.2012 and on 28.04.2012 proves the Sampath Bank

ATM Card was sent to A-1 for providing funds to (A1) Thameem Ansari by

A-3 Boss @ Amir Zubair Siddique.

17.22. The investigation disclosed the facts that (A1) Thameem Ansari

uploaded the sensitive information and photographs to his foreign handlers

from Deepam Browsing Centre at Thanjavur. On his disclosure the Hard

Disks seized from the owner of Deepam Browsing Centre on 15.11.2013

and 05.12.2013 under production cum seizure mahazar and the same was

forwarded to the Central Forensic Sciences Laboratory, Ramanthapur,


Hyderabad. The examination report is yet to be received through Hon’ble

Court.

Forensic Evidence against A-5 Arun Selvarajan

17.23. In pursuance of the small quantity of Ganja (Cannabis) seized

during house search from the possession of (A5) Arun Selvarajan on

11.09.2014, was analysed by the Tamil Nadu Forensic Sciences

Department, Chennai and the positive report was received.

17.24. In pursuance of electronic gadgets seized from the possession

of (A5) was forwarded to C-DAC, Thiruvananthapuram and the bit stream

imaging of the said electronic gadgets found in that was received. The

report on the same is yet to be received and will be submitted before this

Hon’ble Court.

17.25. The microcassettes seized from the possession of (A5) Arun

Selvarajan, on 11.09.2014 was forwarded to Physics Division TNFSD,

Chennai and the analysis report is yet to be received. The same will be

submitted before this Hon’ble Court.

Digital Analysis: Mobile Phone Evidence:-

17.26. The CDR analysis of the mobile numbers of (A1) Thameem

Ansari establishes his location and also corroborates the evidences from

reply of request under Mutual Legal Agreement Treaty (MLAT) from United

States of America (USA) pertaining to e-mail used by (A1) Thameem Ansari

and the CD which was used by (A1) Thameem Ansari to keep a record of

e-mail communications with (A4) Vineeth @ Saghe @ Lanka Saghe. The

CDR analysis of (A1) Thameem Ansari’s Mobile Numbers 9585778961,

7358913138 and 9003751137 shows the communication between (A1)

Thameem Ansari and (A2) Haji @ Mohamed Anver Mohamed Siraj Ali

(0094714317870), (A3) Boss @ Amir Zubair Siddique(0094729664046) and

(A4) Vineeth @ Saghe @ Lanka Saghe (0094711147293) over mobile

phone.

i. Most of the communication are before or after (A1) Thameem Ansari’s

visits to the prohibited/restricted places such as Military training centre

at Wellington, Indian Naval Detachment at Nagapattinam harbour,


Indian Naval Detachment at Mallipattinam, Karaikkal harbour, Air

Force Station at Thanjavur and the residence of army officer at

Thanjavur. (A1) Thameem Ansari on 09th March 2012 was in

Wellington, the same day he has communicated to (A4) Vineeth @

Saghe @ Lanka Saghe.

ii. Similarly (A1) Thameem Ansari has visited Mallipattinam Naval

Detachment on 28th May 2012 which is reflected in his CDR location,

the same day he was in communication with (A4) Vineeth @ Saghe @

Lanka Saghe on his Mobile number as also on 29th May and 31st May

2012, succeeding his visit to the Naval detachment. The visit to

Nagapattinam Naval detachment according to CDR and corroborated

by his entry in visitors register of Nagapattinam Port was on 11th June

2012.The CDR analysis shows that immediately after his visit to

Nagapattinam he was in communication with (A4) Vineeth @ Saghe

@ Lanka Saghe on 13thand 14th June 2012.

iii. According to CDR location and other evidences, (A1) Thameen

Ansari’s location in Wellington / Ooty, Mallipatinam and Nagapatinam

were on 9th March and 28th May 2012 and 11th June 2012 respectively.

The exif data of the photos taken by his Blackberry Mobile in

Wellington/Ooty, Mallipatinam and Nagapattinam were 07th March

2012, 26th May 2012 and 09th June 2012 respectively. All the photos

taken shows two days prior to the actual date of the CDR location.

This could be explained by the fact that his date stamp in his Mobile

which was used to take photographs were set two days prior to the

actual date. This could be used by the accused ( A1) Thameem Ansari

to take an alibi.

17.27. The evidences collected so far with respect to (A5) Arun

Selvarajan include the reverse hit CDRs of (A4) Vineeth @ Saghe @ Lanka

Saghe, Srilankan mobile number 0094711147293 shows that he was in

communication with 09176062277 which was identified as mobile number of

(A5) Arun Selvarajan. The legal interception was mounted on this number

and subsequent to which he made a voluntary confession (extra judicial

confession) to his friend on mobile phone about his assignments tasked by


Pakistan Intelligence Officers. As part of a larger conspiracy of attempting to

wage a war and conspiracy to commit an act preparatory to the commission

of terrorist act (A4) Vineeth@ Saghe @ Lanka Saghe along with (A3) Boss

@ Amir Zubair Siddique asked (A5) Arun Selvarajan to collect sensitive

information on Indian defence related installations, befriend officers and

share information with them.

LINK CHART BETWEEN A1, A2, A3, A4 AND A5

0094711147293 (Sri Lanka) 94729664046 (Sri Lanka) Saghe (PIO) Amir Zubair Siddiqui (PIO) 09176062277 (ARUN SELVARAJAN)

09585778961 (Thameem Ansari) 07358913138 (Thameem Ansari)

17.28. The CDR locations, Photographs and videos in his mobile, CD

containing e-mail communications, reply of MLAT from USA along with other

evidences (Oral and Documentary) clearly established that (A1) Thameem

Ansari has approached, visited, entered the prohibited places collected and

recorded information, sensitive photographs and communicated to foreign

agents through draft mode e-mail and Mobile Phones and attempted to

communicate the same,in person, for a purpose prejudicial to safety or

interest of the state. He had sought pecuniary advantages from (A2)Haji @

Mohamed Anver Mohamed Siraj Ali, (A3) Boss @ Amir Zubair Siddique and

(A4)Vineeth @ Saghe @ Lanka Saghe as reward for the commission of

espionage/subversive activities and the transmission of the sensitive

Photographs, video clippings and sketches related to the Wellington Military



Quarters at Wellington, Karaikkal and Nagapattinam Harbours including


Mallipattinam Fishing Jetty,details of coastal areas, Indian Air Force station

at Thanjavur and Indian Army Insignias etc.,

17.29 The extra judicial confession in the legal interception, recorded

conversations as per his statement, the incriminating materials analysed

from his bit stream images, forged bank account statements, income tax

reports and matriculation certificate, email extraction proceedings, obtaining

Indian Passport by fraudulent means are some of the illegal acts done by A5

in furtherance of the common object. The CDRs and the reverse hit analysis

and oral evidences on record prove that the accused had knowing facilitated

acts, which are preparatory to terrorist acts and conspiracy to wage a war

against the Govt. of India.

17.30 The main ingredients which would be required to be brought out

clearly to prove conspiracy through evidence are an agreement between

two or more persons, an illegal act by them and a common object. The

existence of an agreement can be safely inferred from the acts being done

by (A1) Thameem Ansari and (A5) Arun Selvarajan on the instructions of

their handlers, for instance trying to enter prohibited places, taking

photographs etc. and mailing them to their handlers. The commission of

illegal acts has been clearly established. The common object can be

inferred from the circumstances and the peculiar acts performed which had

no other reasons to be performed by them in their regular course of life. The

circumstances which are relevant here include a specific threat perception in

relation to OTA, Wellington Staff College, etc. There had been specific

instances where unauthorized persons wearing uniforms of security forces

had committed offences against the state. The modus operandi of draft

mode communication through e mail which was used by the accused was a

common trick used by the terrorists all over the world to avoid detection,

is clearly an example of a conduct which brings out their participation in

conspiracy.

18. CHARGE:-


18.1. During the period from 2008 to 2014, A1, A2, A3, A4 and A5

hatched a criminal conspiracy to commit a terrorist act. They all agreed to

threaten the unity, integrity and security and by using means of whatever

nature, mentioned below, and did acts which were likely to cause damage

to, or destruction of, property. They conspired and knowingly facilitated in

the commission of acts preparatory to the terrorist acts. In furtherance of the

common object and acts preparatory to the commission of terrorist acts they

collected sensitive defence related information, prejudicial to the safety and

interest of the state and shared this information and communicated to

foreign agent through e-mail, mobile phone and also meeting them in

person. They used methods to avoid detection by using draft mode

communication in e-mail for sharing sensitive information related to

prohibited places of defence and other areas notified under OS Act. They

were also involved in raising funds directly or indirectly for all these acts,

thereby sections 120-B r/w 17, 18 of the UA (P) Act r/w Section 3 of the

Officials Secret Act 1923 are made out.

18.2. During the said period the A1, A2, A3, A4 and A5 indulged in the

conspiracy to wage a war against the Govt of India. They agreed to act with

a common object for causing damage and destruction to properties in India,

which were likely to threaten the unity, integrity and security. In furtherance

of the agreement, A1 and A5 indulged in illegal acts like taking videos,

photos of vital Indian defence installations, collecting photos of prohibited

areas and communicating the same to foreign agents and were also

rewarded for these illegal acts, thereby conspiring for attempting to wage a

war. Thus offence punishable under Section 121-A of IPC is made out.

18.3. (A1) Thameem Ansari in pursuance to the conspiracy with A2,

A3, A4 and A5 knowingly facilitated acts preparatory to the commission of

terrorist acts. The preparatory acts include spying, taking sensitive

photographs, videos of restricted / prohibited areas of the Wellington Military


Quarters at Wellington, Karaikkal and Nagapattinam harbours including


Mallipattinam Fishing Jetty, coastal areas, Indian Air Force station at


Thanjavur and Indian Army Insignias etc., and pass on the same to foreign

agents in Sri Lanka.All these acts are a means necessary for the

commission of a terrorist acts. Fully aware of the consequences of these

acts (A1) Thameem Ansari has committed offence punishable under

Section 18 of the UA (P) Act.

18.4. (A1) Thameem Ansari in pursuance to the conspiracy, conspired

with (A2) Haji @ Mohamed Anver Mohamed Siraj Ali, (A3) Boss @ Amir

Zubair Siddique and (A4) Vineeth @ Saghe @ Lanka Saghe and knowingly

collected large amount of funds which were used for espionage/subversive

activities. He collected funds indirectly through export foreign remittances

from (A2) Haji @ Mohamed Anver Mohamed Siraj Ali in the name of

exporting Onions and Potatoes and also used a Sri Lankan ATM card given

by his co-conspirators to fund acts preparatory to the commission of terrorist

acts. Thereby, (A1) Thameem Ansari committed an offence punishable

under section 17 of the Unlawful Activities (Prevention) Act 1967.

18.5. (A1) Thameem Ansari, in pursuance to the conspiracy has

approached, entered and passed over prohibited places in Wellington,

Mallipatnam and Nagapattinam. He took photographs, videos of the

Wellington Military Training Centre including Defence Service Staff College

(DSSC), Station Head Quarters at Wellington, Karaikkal and Nagapattinam

Harbours including Naval detachment at Nagapattinam, Indian Naval base

at Mallipattinam, Mallipattinam Fishing Jetty, entry & exit details of coastal

areas, Indian Air Force station at Thanjavur and collected information of

Indian Army Insignias etc., He has committed all these acts with a criminal

intent, knowing fully the consequences. As the circumstances of the case

and the conduct of the investigation shows that his purpose was prejudicial

to the safety and interest of the state. Further, he has also uploaded and

communicated the same through e-mail to his foreign agents/Pakistan

Officials, which also establishes, that his purpose was prejudicial to the

safety and interest of the state, thereby (A1) Thameem Ansari

constituting an offence punishable under section 3 of the Official

Secrets Act 1923.


18.6. As a part of the overall conspiracy during the above period, (A5)

Arun Selvarajan being a Sri Lankan National in order to commit the spying

/subversive activities in India, prepared false documents by impersonation

and obtained Indian Passport. This was done to gain easier access to

prohibited/restricted places viz., Indian defence installations like Officers

Training Academy (OTA), Indian Coast Guard station and other vital

installations and to pass on the information to Pakistan foreign agents in Sri

Lanka. Thus (A5) Arun Selvarajan impersonated him as

Sivagaminathan Saravanamuthu, thereby committed an offence

punishable under section 419 of Indian Penal Code, 1860.


Arun Selvarajan being a Sri Lankan National in order to commit the spying /

subversive activities in India which will result in terrorist act prepared false

documents by impersonation and obtained Indian Passport. This was done

to gain easier access to prohibited / restricted places viz., Indian defence

installations like Officers Training Academy (OTA), Indian Coast Guard

station and other vital installations and to pass on the information to

Pakistan foreign agents in Sri Lanka. He furnished forged ICICI Bank

Account Statements, Matriculation & Higher Secondary certificates, Pan

Card, Income Tax returns in the name of Sivagaminathan Saravanamuthu

affixing his photograph as Sivagaminathan Saravanamuthu.Thus (A5) Arun

Selvarajan in the process of getting the Indian Passport, forged official

records, used forged records as genuine and cheated the official of

Regional Passport Office(RPO) for issuance of Indian Passport, thereby

committed an offence punishable under sections 465, Indian Penal

Code, 1860.



subversive activities in India, prepared false documents by impersonation


prohibited / restricted places viz., Indian defence installations like Officers




Lanka.He furnished forged ICICI Bank Account Statements, Matriculation &

Higher Secondary certificates, Pan Card, Income Tax returns in the name of

Sivagaminathan Saravanamuthu affixing his photograph as Sivagaminathan

Saravanamuthu.Thus (A5) Arun Selvarajan in the process of getting the

Indian Passport, forged official records, used forged records as genuine and

cheated the official of Regional Passport Office(RPO) for issuance of Indian

Passport, thereby committed an offence punishable under sections

468 Indian Penal Code, 1860.



subversive activities in India, prepared false documents by impersonation


prohibited / restricted places viz., Indian defence installations like Officers



Lanka.He furnished forged ICICI Bank Account Statements, Matriculation &

Higher Secondary certificates, Pan Card, Income Tax returns in the name of

Sivagaminathan Saravanamuthu affixing his photograph as Sivagaminathan

Saravanamuthu. Thus (A5) Arun Selvarajan in the process of getting the

Indian Passport, forged official records, used forged records as genuine and

cheated the official of Regional Passport Office(RPO) for issuance of Indian

Passport, thereby committed an offence punishable under sections

471 Indian Penal Code, 1860.

18.10. In pursuance to the conspiracy,(A5) Arun Selvarajan being a Sri

Lankan National in order to commit the espionage/subversive activities in

India, prepared false documents by impersonation for supporting his claims

to obtain Indian Passport and to use the same to gain easier access to

prohibited/restricted Indian defence installations like Officers Training

Academy (OTA), Indian Coast Guard station, and installation of Vehicle

Traffic Management System (VTMS), VTMS tower and its signal systems,

control room at Chennai Port / harbour and pass on the same to foreign

agents in Sri Lanka. In pursuance of the same, (A5) Arun Selvarajan

knowingly prepared false documents by suppressing the material

information with a view to obtaining Indian Passport and furnished forged


ICICI Bank Account Statements, Matriculation & Higher Secondary

certificates, Pan Card, Income Tax returns in the name of Sivagaminathan

Saravanamuthu affixing his photograph as Sivagaminathan Saravanamuthu

and applied for Indian Passport on 25.05.2010 along with verification

certificate from the Joint Secretary to the Government of Tamil Nadu and

Notary Certificate obtained from the Advocate Notary. Thus (A5) Arun

Selvarajan impersonated as Sivagaminathan and thereby committed

an offence punishable under sections 419 Indian Penal Code,1860 r/w.

465 Indian Penal Code,1860 r/w.12 (1) of Passport Act 1967.

18.11. In pursuance to the conspiracy, (A5) Arun Selvarajan being a Sri

Lankan National in order to commit the spying /subversive activities in India,

prepared false documents by impersonation for supporting his claims to

obtain Indian Passport and to use the same to gain easier access to

prohibited/restricted Indian defence installations like Officers Training

Academy (OTA), Indian Coast Guard station, and installation of Vehicle

Traffic Management System (VTMS), VTMS tower and its signal systems,

control room at Chennai Port Trust at Chennai and pass on the same to

foreign agents in Sri Lanka. In pursuance of the same, (A5) Arun Selvarajan

knowingly prepared false documents by suppressing the material

information with a view to obtaining Indian Passport and furnished forged

ICICI Bank Account Statements, Matriculation & Higher Secondary

certificates, Pan Card, Income Tax returns in the name of Sivagaminathan

Saravanamuthu affixing his photograph as Sivagaminathan Saravanamuthu

and applied for Indian Passport on 25.05.2010 along with verification

certificate from the Joint Secretary to the Government of Tamil Nadu and

Notary Certificate obtained from the Advocate Notary. Thereby A5 Arun @

Arun Selvarajan obtained Indian Passport suppressing the fact that he was

having a Sri Lankan passport and also a foreign national, by giving false

information, thereby committed an offence punishable under section 12

(1) (b) of Passport Act 1967.

18.12. (A5) Arun Selvarajan in pursuance to the conspiracy, has taken

photographs of theprohibited/restricted Indian defence installations like

Officers Training Academy (OTA), Indian Coast Guard station, and


installation of Vehicle Traffic Management System (VTMS), VTMS tower

and its signal systems, control room at Chennai Port Trust at Chennai,

knowing fully well that the same are prohibited areas and where

photographs are prohibited/restricted. This was done with a criminal intent to

upload the same by email and also in person to his foreign agents/Pakistan

Officials in Sri Lanka which is prejudicial to the safety or interest of state

thereby, constituting an offence punishable under section 3 of the

Official Secrets Act 1923.

18.13. (A5) Arun Selvarajan in pursuance to the conspiracy with A1,

A2, A3 and A4 knowingly facilitated acts preparatory to the commission of

terrorist acts. The preparatory acts include spying, taking sensitive

photographs, videos of restricted / prohibited areas of the indulged in taking

photographs/videos of Prohibited/Restricted areas i.e., Indian defence

installations like Officers Training Academy (OTA), Indian Coast Guard

station, and installation of Vehicle Traffic Management System (VTMS),

VTMS tower and its signal systems, control room of Chennai Port / harbour

Trust at Chennai and pass the same to Pakistan foreign agents in Sri Lanka.

Thereby, committed an offence punishable under section 18 of the

Unlawful Activities (Prevention) Act 1967.

18.14. (A5) Arun Selvarajan had received funds, by way of cash

deposits made in Sri Lankan account by his co-conspirators to carry out

espionage activities and passing on information about Defence and Coast

Guard and other strategic installations. He also made deposits on the

instructions of his co-conspirators to deposit money in different accounts in

India. Thereby, committed an offence punishable under section 17 of

the Unlawful Activities (Prevention) Act 1967.

18.15. During house search, (A5) Arun Selvarajan was found in

possession of Ganja (Cannabis) to a quantum of around 15 grams

knowingly well that Ganja is a prohibited and notified contraband under


Narcotics and Drug Psychotropic Substances (NDPS) Act 1985. An expert

of Narcotics division, Tamil Nadu Forensic Sciences Department, Chennai

analysed and the positively certified that it is contraband under NDPS act.

Thereby, (A5) Arun Selvarajan committed an offence punishable under

section 20 of NDPS Act 1985.

18.16. The sanction of prosecution for prosecuting the accused (A1)

Thameem Ansari and (A5) Arun @ Arun Selvarajan in exercise of powers

conferred under Section 45(1) of the Unlawful Activities (Prevention) Act,

1967 (as amended in 2008) and under Section 196 of Cr.PC 1973 has been

accorded by the Ministry of Home Affairs, Government of India along with

the authorisation to file a complaint under Sub Section (3) of Section 13 of

the Official Secrets Act,1923 vide order No.11011/08/2013-IS.IV,

Government of India, Ministry of Home Affairs, Internal Security-I,

Division, North Block, New Delhi dated 04.03.2015 against (A1)

Thameem Ansari and (A5) Arun @ Arun Selvarajan. The original

sanction order is produced herewith.

18.17. The investigation with respect to the absconding accused (A2),

(A3) and (A4) is pending and further will be continued u/s 173 (8) CrPC.

The prosecution sanction for (A5) Arun Selvaraj from the appropriate

authority is awaited u/s 12 (1) of the Passport Act,1967.

19. It is, therefore, prayed that this Hon’ble Court may be pleased to

take cognizance of the offences against (A1) Thameem Ansari punishable

under section 120(B), 121-A of IPC; Section 17& 18 of the Unlawful

Activities (Prevention) Act 1967; Section 3 of Official Secrets Act, 1923

and against (A5) Arun Selvarajan punishable under section 120(B),

121-A, 419 465, 468 and 471 of IPC;Section 17& 18 of the Unlawful

Activities (Prevention) Act 1967; Section 3 of Official Secrets Act 1923


and Section 20 of NDPS Act, 1967 and any other offences by this Hon’ble

Court deems fit and thus render justice.

20. Despatched on : 06.03.2015

21. No. of enclosures : 03

22.22. List of enclosures : Annexure - I (List of Witnesses) Annexure - II (List of Documents) Annexure -III (List of Material objects)

Final Report submitted by

(L.R.Kumar, IPS.,) Superintendent of Police/CIO,

National Investigation Agency, Hyderabad, Camp at Chennai.