'Reached Sudan, joining ISIS': Indian recruit's text to dad key evidence for NIA

"Welcome to Sudan", a message on ISIS recruit Mohammed Naseer's Lenovo phone number 97155551**** is now an important part of evidence, in the first chargesheet of NIA in the ISIS case.

The investigating agency is set to file its first chargesheet in the ISIS case, against Mohammed Naseer, a 23-year-old computer engineer from Tamil Nadu, who was deported to India from Sudan on December 10 last year.

Interestingly, the two main witnesses in the case are the terror recruit's own father Mohammed Pakeer and a terminally ill cancer patient Yusha Kashmiri.

Mohammed Pakeer who has given a statement under section 164 Crpc about his son's misadventure into ISIS and how he failed to dissuade his son. A statement under Section 164 can be used as evidence in court. Naseer's phone which was seized by NIA, also had a message of Naseer to his father Pakeer, which was found in the draft box of his mobile.

The message to the father stated. "I have reached Sudan. I am joining the ISIS. Please take care of the family." This now is part of digital evidence gathered by NIA.

Digital trail

Mohammed Naseer left a wide digital trail. He has close to two dozen accounts in various social media platform sites and downloaded mobile applications including Facebook, Twitter, Telegram. NIA has scanned at least 15 of them, which they believe are important to the investigation. While NIA sought Mutual Legal Assistance Treaty (MLAT) from USA on servers like gmail and yahoo which are based there, there has been procedural delay. But Nia may have to file a chargesheet without the evidence as Naseer is close to completing 180 days in arrest. Under section 167 of code of criminal procedure, an accused can get default bail if chargesheet is not filed against him within 180 days in case he has been arrested under the Unlawful Activities (Prevention) Act (UAPA).

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But NIA, which since 26/11, have been in touch with FBI over various terror cases, has managed to elicit a response on the mail trail through Emergency Disclosure report (EDR), providing inevitable evidence against Naseer. However the drawback with EDR is that it cannot be used in court procedures and is not "admissible evidence."

FBI has however confirmed that there were several exchanges between father and son on email ID's. Mohammed used Pmohamednaserjobs@hotmail.com to his father on pmameer34@yahoo.co

According to the NIA, Naseer was deported from Sudan while attempting to head to Libya and Syria to join the Islamic State. Pakeer has corroborated Naseer's jihadi links, and has revealed how his son (took) the wrong path. In the statement, Pakeer has revealed how Naseer's behaviour turned suspicious, and how he was drawn to reading jehadi literature," a source said. Evidence which was collected from his Dell computer. FSL lab technicians will also stand witness in the regard.

Hailing from Thanjavur, Naseer did computer engineering at MNM Engineering College in Chennai between 2010 and 2014. It was during this period that Naseer and a couple of his friends started visiting a mosque in Chennai run by the Tamil Nadu Thowheed Jamath, a non-political Islamic organisation that preaches a puritanical version of Islam. In December 2014, he joined Takmeel Global in Deira as a web developer and graphic designer on a monthly salary of 2,500 dirhams. Unhappy with his work, he started watching videos of IS propaganda. Through Twitter, his journey to become ISIS Jihadi eventually materialised.

Terror connection

Investigators claim that in August 2015, Naseer began communicating on Twitter with 'Mad Mullah', an IS propagandist whose profile message was, "for Hijrah (migration) to Libya, for advice". He used several twitter id crazy, khalid bin al waheed, abu, khalid al hindi and telegram id like carry me.

Naseer allegedly expressed the desire to go to Syria, and Mad Mullah told him that due to heavy security on most routes to Syria and its border, the only option available was through Sudan. Mad Max is said to have promised Naseer accommodation, a job and food in Sudan, and encouraged him to travel on to Libya, saying he would be the first Indian IS fighter to do so. Through twitter a scanned copy of passport was sent by Naseer to Madmullah for Sudanese visa to be arranged.

Naseer has reportedly told interrogators that he managed to secretly remove his passport from the custody of his employers, and that a visa for Sudan was e-mailed to him by Mad Mullah. He traveled from Dubai to Sudan on September 25 on a Flydubai flight, after reportedly deleting all his IS-related e-mails, WhatsApp and Telegram accounts.

While the second witness is Yusha Kashmiri, a Dubai-based Kashmiri who is ailing from kidney cancer is also an important witness. In last stage of terminal cancer, NIA is in process of taking his dying declaration. Yusha, who is currently be treated at Rajiv Gandhi cancer institute has already made a statement under section 161 of Crpc to NIA, as he was not deemed fit to depose before a magistrate, which is otherwise mandatory under section 164 of crpc . Yusha who was an acquaintance of Naseer in Dubai, told interrogators that Naseer was radicalised and intended to join ISIS. Yusha Kashmiri flew to India in December, 2015 soon after Naseer was deported from Sudan to India. A dying declaration, under section 32 of Indian evidence act is considered credible and trustworthy and will be a shot in the arm for investigators. Sources say " even if a dying declaration cannot be made, his deposition in 161, will be used."

Despite hiccups, NIA believes they have strong evidence. There will be much scrutiny of the first chargesheeted case against ISIS. There have been 49 arrests by various state police and NIA. NIA has in total registered six cases against the ISIS recruits, including a larger conspiracy against India.

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