//Militant born in Mysore! Encounter plot thickens

Militant born in Mysore! Encounter plot thickens

P M Raghunandan & Sandhya Divakaran DH News Service Mysore, 28 Oct.2006

A Bajrang Dal activist holds a pistol during a week-long training camp in Bhopal, Madhya Pradesh, on Thursday. Nearly 150 activists of the dal took part in the camp organised to train youths to fight in case a war with Pakistan breaks.

A Bajrang Dal militant with pistol in Bhopal,

The Mysore ‘encounter’ story is getting curiouser by the day, if not by the hour. Mohammad Koya, one of the Pakistani militants arrested on Thursday after the encounter, it now turns out, is a Mysorean by birth. ‘Legally’, at least.

Mohammad Koya alias Fahaad possesses a legitimate birth certificate issued by Mysore City Corporation (MCC). What’s more, even the city civil court has attested to this. In fact, it is the Judicial Magistrate First Class (JMFC) II court here that directed the MCC to issue the certificate to Fahaad, stating that he was born in Mysore on February 3, 1982.

“The petitioner (Koya) required the birth certificate for the purpose of getting a passport,” reads the court order issued to the MCC, a copy of which is available with Deccan Herald. “The respondent is directed to register the birth of Mohammed K, on 3.2.1982, in the birth register after taking the prescribed fee from the petitioner,” the court added.

It was in June 2006 that Koya had approached the MCC for the certificate. He had claimed that he was a resident of No 32, Rajiv Nagar, II stage, NR Mohalla. But the MCC turned down his application, citing lack of proof. To obtain the certificate, as per Sec 10 (2) of the Karnataka Birth and Death Registration Act, 1969, one has to file an application, furnishing an affidavit and a report “duly sworn” before a notary/advocate.

Under this Act, records for registration of a birth, either from the hospital concerned or the parents themselves (who have to be physically present) have to be perused in order to issue a birth certificate. But “there is a provision in the law to approach the court” with some legitimate document, such as the SSLC certificate or Transfer Certificate.

Official sources said Koya filed a petition before the JMFC on July 7, 2006, with the help of a local advocate and marched to the JMFC (II court), challenging MCC’s rejection of his application. It is learnt that he had produced a fictitious SSLC marksheet before the court, which later issued the order in his favour. Armed with the court order, Koya applied again by paying Rs 30 as fee, including a fine of Rs 10. Result: MCC was forced to issue the birth certificate to him on July 27.

MCC version

MCC Commissioner K N Chandrashekar said, “Since Koya did not have records of his birth registered under his name or his parents Koya and Subeda, we had to refused him the certificate. But we were forced to issue the certificate thanks to the court order.”

Interestingly, the address of the house where Fahaad was staying prior to the Friday early-morning ‘encounter’ and which the city police searched after the on-road scuffle, is different from what is mentioned in the application he had filed for the birth certificate. While the address in the application is Door No: 32, 2nd stage, Rajiv Nagar, NR Mohalla, the address where he was “searched” at was Door No: 186 in the same area.