Ahmedabad: A special court in Ahmedabad on Wednesday sentenced Irfan Shaikh, a 32-year-old Mumbai resident, to five years of rigorous imprisonment for attempting to murder a police officer during a raid by the Gujarat Anti-Terrorism Squad (ATS) at a hotel in 2020. The court found Shaikh guilty of firing at the officer while the ATS team was conducting an operation related to organized crime and terrorism.

Special Judge Kamal Sojitra, who presided over the case, acquitted both Shaikh and his co-accused, Siddhesh Kharade, of charges under the Unlawful Activities (Prevention) Act (UAPA) and the Gujarat Control of Terrorism and Organised Crime (GujCTOC) Act for a criminal conspiracy to kill former Gujarat home minister Gordhan Zadafiya. The two had been accused of plotting to assassinate Zadafiya in retaliation for the 2002 Gujarat riots.

While Shaikh was convicted for the attempted murder of the police officer, the court ruled that there was insufficient evidence to convict him and Kharade for their involvement in the larger conspiracy to assassinate Zadafiya. The charges related to the plot, which had been allegedly orchestrated by the Pakistan -based Chhota Shakeel gang, were dropped.

According to the prosecution, Kharade had been contracted by the Chhota Shakeel gang to kill Zadafiya, who had served as the home minister during the 2002 communal riots. Kharade then allegedly sub-contracted the assassination job to Shaikh, promising him a portion of the payment, and provided him with two guns and ammunition to carry out the task.

However, the court concluded that the evidence did not establish a clear link between Shaikh and the conspiracy to murder Zadafiya, resulting in their acquittal on these charges.

Gujarat Anti Terrorist Squad (ATS) raided a hotel in Ahmedabad on August 19, 2020, on an intelligence input. Shaikh allegedly opened fire at the then ATS DySP B P Rojiya, who escaped unhurt.

The court accepted the prosecution’s argument that Shaikh attempted to murder the cop, but found no evidence of a criminal conspiracy against Kharade and also acquitted him.

The evidence regarding the supply of weapons by Kharade to Shaikh was not cogent and concrete. Additionally, the CCTV footage showed only one person handing over a bag to another which is inadequate to establish handing over of money, the court stated.

“There is no evidence to show that the accused persons are connected with any Pakistan-based terrorist organisation, nor is there evidence to (show) whether they received any funds from banned terrorist organisations or whether they were members of a terrorist organisation indulged in unlawful activities,” the court stated in its order.

“This court comes to the conclusion that the prosecution has failed to prove the charge of criminal conspiracy to commit a terrorist act,” it said.

Shaikh has been in jail in Ahmedabad for over four years and this period will be offset against the five-year sentence.