High court says 2003 blasts accused showed no repentance for the ghastly acts committed by them, deserve to be given the extreme penalty as a rarest of rare case
Shibu Thomas | TNN
The Bombay High Court on Friday confirmed the death sentence to three persons, including a husband-wife duo, in the 2003 twin blasts case. It is probably the second case since the Rajiv Gandhi assassination case that a husband-wife duo has been sentenced to death.
The high court on Friday also set aside the trial court order discharging two other accused in the case. Though it upheld the discharge of Hassan Batterywala and Rizwan Ladduwala under anti-terrorism charges, they will now have to face trial for murder conspiracy charges under the Indian Penal Code.
“It is a rarest of rare case, deserving extreme penalty. (They) are ordered to be hanged by neck till dead,” said a division bench of Justices Ajay M Khanwilkar and Pramod D Kode, adding that there was evidence that the accused were “members of the terrorist organization Lashkar-e-Taiba”. The court ordered the trio to also shell out Rs 70,000 each as fine.
Ansari and Sayed, lodged in the Arthur Road prison, and Fehmida, incarcerated in the women’s prison in Byculla, appeared before the court through a video conference link. None of the accused betrayed any emotion as Justice Kode read out the verdict. The court also declined to show any leniency to Fehmida. Defence lawyers had urged the court to show sympathy to her as she was a woman.
“The accused must be dealt with sternly considering that they had not committed the offence under influence of extreme mental or emotional disturbance but in a wellplanned manner in furtherance of criminal conspiracy to destabilize the country by causing serial bomb blasts in a city like Mumbai, which act was in retaliation to the Godhra incident,” said the judges.
The court took into consideration the fact that at no point had the accused shown any remorse.
“They had no repentance for the ghastly acts committed by them, nor any remorse for the same,” said the judges. “In that, not satisfied with the outcome of the incident at SEEPZ and the second attempt at Ghatkopar, they worked on a plan to cause serial blasts at Zaveri Bazaar and Gateway of India.” Additional public prosecutors Poornima Kantharia and Jayesh Yagnik said that the prosecution case of conspiracy had been accepted by the court.
Main accused Hanif worked as an electrician in Dubai and as an auto driver in Mumbai. Police said he was indoctrinated in Dubai and planted the bomb at the Gateway with his wife.
The third accused Ashrat Ansari was a zari worker living at Andheri. He helped make the bombs at Hanif ’s house and planted the one at Zaveri Bazaar.
TRIAL ORDERED
Mohammed Ansar Shaikh alias Hasan Batterywala
He was discharged after a POTA review committee gave him a clean chit. The cops claimed they recovered 750 gm of RDX from his auto repair shop in Kurla, but the panel couldn’t believe he would keep explosives when the cops were looking for suspects July 27, 2009: Discarged Feb 10, 2012: HC orders trial under sections of the IPC
Mohammed Ansari alias Usman Ladoowala
Discharged along with Batterywala on the recommendation of the same POTA committee. The cops claimed they had recovered two detonators from Ladoowala’s house
July 27, 2009: Discharged
Feb 10, 2012: HC orders trial under IPC sections
TIMELINE
Twin Blasts | August 25, 2003 1.05 pm at Zaveri Bazar | 36 dead 1.08 pm Gateway of India | 16 dead
Total injured: 184 |
Explosives: Gelatin, RDX
Accused: 6 | 3 convicted, 1 turned approver, 2 discharged |
Motive: Revenge for Gujarat riots
The Plot Hatched in Dubai in 2002. Nine absconding Pakistanis, allegedly LeT men, attended the meeting along with Nasir
The Final Minutes
8.30 am
Ashrat Ansari reaches the chawl at Chimatpada, Andheri, where the Syeds live. They insert timers into the bombs, which have been made earlier and kept on the Syeds’ mezzanine floor. The two bombs are put in separate rexine bags
10 am
The Syeds and Ansari have tea and a short discussion before leaving the house. They hire an auto to Juhu Gully
10.45 am
At Juhu Gully, they hire two taxis. Hanif Syed, wife Fehmida and daughter Farheen sit in one. The couple place a rexine bag in the boot. Ansari takes another cab
12.30 pm
Ansari leaves cab at Zaveri Bazar, the bomb remains in its boot
12.45 pm
The Syeds reach the Gateway, where they halt at the pay-and-park and tell the cabbie they are going shopping. The cabbie prepares to eat his tiffin, but first heads to answer nature’s call
1.05 pm
The Zaveri Bazar bomb goes off, killing the cabbie inside
1.08 pm
The Gateway bomb goes off. Cabbie Shivnarain Pandey is saved
Breakthrough
Shivnarain Pandey, the driver of the taxi with the bomb parked at the Gateway, decided to answer nature’s call. That decision saved his life and helped him assist the police in tracking down the culprits
Sept 2010 – The trio appeal in the HC, State files petition to confirm death sentences and challenges acquittal of two accused
Late 2011 – HC commences day-to-day hearings
Oct 2011 – HC orders the hearings be held through video conferencing with the jail where the accused are lodged
Feb 10, 2012 – HC confirms death penalty
CAPITAL PUNISHMENT CONFIRMED THE HIGH COURT REFUSING TO BE LENIENT TO FEHMIDA AS SHE WAS A WOMAN AND UPHELD THE TRIAL COURT RULING ON THE MAIN ACCUSED
Hanif Syed (52)
He worked as an electrician in Dubai and later as an auto driver in Mumbai. Police say that he was indoctrinated in Dubai by Lashkar-e-Toiba (LeT) agents who recruited him saying he had to avenge the killing of Muslims during the Gujarat riots
Role: Hanif helped make the bombs and planted the one at the Gateway. He was reportedly the leader of the ‘Gujarat Muslim Revenge Force’
July 27, 2009:
Death penalty
February 10, 2012: HC confirms the death penalty
He worked as an electrician in Dubai and later as an auto driver in Mumbai. Police say that he was indoctrinated in Dubai by Lashkar-e-Toiba (LeT) agents who recruited him saying he had to avenge the killing of Muslims during the Gujarat riots
Role: Hanif helped make the bombs and planted the one at the Gateway. He was reportedly the leader of the ‘Gujarat Muslim Revenge Force’
July 27, 2009:
Death penalty
February 10, 2012: HC confirms the death penalty
Fehmida Syed (49)
Hanif’s wife was also named as a fellow conspirator. Fehmida was supposed to be one of the first women who willingly took part in the making and planting of bombs. Earlier, in the 1993 serial blasts, women were accused of knowing about the conspiracy, but were not charged with directly executing it
Role: Fehmida helped make the bombs at home in Andheri (West) and helped plant the bomb at the Gateway
July 27, 2009: Death penalty
February 10, 2012: HC confirms death penalty
Hanif’s wife was also named as a fellow conspirator. Fehmida was supposed to be one of the first women who willingly took part in the making and planting of bombs. Earlier, in the 1993 serial blasts, women were accused of knowing about the conspiracy, but were not charged with directly executing it
Role: Fehmida helped make the bombs at home in Andheri (West) and helped plant the bomb at the Gateway
July 27, 2009: Death penalty
February 10, 2012: HC confirms death penalty
Ashrat Ansari (38)
He was a zari worker who lived in Andheri and visited Hanif often. He helped make the bombs at Hanif’s house. He lived near the Syeds’ Juhu Gully home, where he also worked in an embroidery firm. He also drove an auto.
Role: Ansari helped make the bombs and planted the one in a taxi at Zaveri Bazar
July 27, 2009: Death penalty
February 10, 2012:
HC confirms the capital punishment awarded by the trial court
He was a zari worker who lived in Andheri and visited Hanif often. He helped make the bombs at Hanif’s house. He lived near the Syeds’ Juhu Gully home, where he also worked in an embroidery firm. He also drove an auto.
Role: Ansari helped make the bombs and planted the one in a taxi at Zaveri Bazar
July 27, 2009: Death penalty
February 10, 2012:
HC confirms the capital punishment awarded by the trial court
Victims WHILE THOSE WHO SURVIVED ARE STILL COMING TO TERMS WITH THE EVENTS OF THE ILL-FATED DAY, THE KIN OF THE DEAD WAIT FOR THE ACCUSED TO BE HANGED
Tariq Punjabi (34), Zari Shop Owner
Punjabi has been working at the same spot at Zaveri Bazaar for the past 20 years. He was at his ‘gala’ on the day in 2003 when a blast rocked the area in front of his shop. He had glass shards in his knee and required a surgery. News of the HC’s verdict on Wednesday re-ignites his anger. “What is the point of this verdict till the authorities actually hang those found guilty,” he says, adding that court case has gone into repeated appeals. He has stopped tracking developments and is resigned to fate. He points out that there have been two blasts in the same area ever since. “What is the point of CCTVs if you cannot prevent another blast?” he wonders.
Punjabi has been working at the same spot at Zaveri Bazaar for the past 20 years. He was at his ‘gala’ on the day in 2003 when a blast rocked the area in front of his shop. He had glass shards in his knee and required a surgery. News of the HC’s verdict on Wednesday re-ignites his anger. “What is the point of this verdict till the authorities actually hang those found guilty,” he says, adding that court case has gone into repeated appeals. He has stopped tracking developments and is resigned to fate. He points out that there have been two blasts in the same area ever since. “What is the point of CCTVs if you cannot prevent another blast?” he wonders.
Radhakrishna Patwa (50), Jeweller
Patwa was seated at his stall in Zaveri Bazaar through all the three blasts which rocked the area. “I had my customers’ belongings and could not just leave them and run. Fortunately, I survived many times.” Ask about the verdict and he said such terrorists should be banned from entering the country. “After 2003, we have been attacked many times. In all incidents, poor working masses like us suffer,” he says. “There is a fear lurking after every incident which translates into bad business for us,” he says. Clutching a newspaper, Patwa says he has been following the news of the blast, and believes the accused should be brought to book at the earliest. His children keep cautioning him to take care, but Patwa is fearless. “I am brave and belong here.”
Patwa was seated at his stall in Zaveri Bazaar through all the three blasts which rocked the area. “I had my customers’ belongings and could not just leave them and run. Fortunately, I survived many times.” Ask about the verdict and he said such terrorists should be banned from entering the country. “After 2003, we have been attacked many times. In all incidents, poor working masses like us suffer,” he says. “There is a fear lurking after every incident which translates into bad business for us,” he says. Clutching a newspaper, Patwa says he has been following the news of the blast, and believes the accused should be brought to book at the earliest. His children keep cautioning him to take care, but Patwa is fearless. “I am brave and belong here.”
Harsh Bahadur Singh, Taxi Driver
Wife of taxi driver Harsh Bahadur Singh, who died in the taxi blast at Zaveri Bazar said, “The convicys should be hanged to death soon so that their family understands our suffering after losing the sole breadwinner in the family.” Sail Kumari is struggling to make ends meet for her three children. She had got Rs 2 lakh as compensation, which she she has saved. Her elder son works in a mall to help his family. “I approached many people for the education of my kids. Some people promised me to give me ‘vidhva-pension' under the government scheme but failed to keep their promise”. The family never followed the development as their daily struggle barely leaves them with the time or resources to do so. “Who will arrange my daughter’s marriage?”Kumari adds. “The matter has been delayed time and again. We fear the accused will get acquitted. I will be happy the day the accused are hanged to death.” -Vijay V Singh | TNN
Wife of taxi driver Harsh Bahadur Singh, who died in the taxi blast at Zaveri Bazar said, “The convicys should be hanged to death soon so that their family understands our suffering after losing the sole breadwinner in the family.” Sail Kumari is struggling to make ends meet for her three children. She had got Rs 2 lakh as compensation, which she she has saved. Her elder son works in a mall to help his family. “I approached many people for the education of my kids. Some people promised me to give me ‘vidhva-pension' under the government scheme but failed to keep their promise”. The family never followed the development as their daily struggle barely leaves them with the time or resources to do so. “Who will arrange my daughter’s marriage?”Kumari adds. “The matter has been delayed time and again. We fear the accused will get acquitted. I will be happy the day the accused are hanged to death.” -Vijay V Singh | TNN
Ramu Patil (42), Waiter
Patil greets Friday’s HC verdict with a sense of déjà vu. “They keep telling us that the perpetrators will be punished. But it’s been so many years,” he says. A resident of Kandivli, Patil who had been working at the same hotel when the blast rocked the area, lost his right eye in the incident. His children who were in primary school have now grown up. “The government should do something for our children’s education. The injury restricts me from taking on other jobs and deprives them of benefits we could have otherwise had.” He points to the police barricades and security and says many shops have been moved out, but what has to happen eventually does. “I tell my children that I have earned a second life. And we should be grateful for that.”
Patil greets Friday’s HC verdict with a sense of déjà vu. “They keep telling us that the perpetrators will be punished. But it’s been so many years,” he says. A resident of Kandivli, Patil who had been working at the same hotel when the blast rocked the area, lost his right eye in the incident. His children who were in primary school have now grown up. “The government should do something for our children’s education. The injury restricts me from taking on other jobs and deprives them of benefits we could have otherwise had.” He points to the police barricades and security and says many shops have been moved out, but what has to happen eventually does. “I tell my children that I have earned a second life. And we should be grateful for that.”
Judge ruled on ’93 blast case too
The three death penalties Justice Pramod Dattaram Kode pronounced on Friday took the tally of capital punishments he has handed out to 15.
Justice Kode, as special TADA judge, sentenced 12 persons to death in the 1993 Mumbai serial blasts case, including prime accused Tiger Memon’s brother Yakub Memon. He also sentenced actor Sanjay Dutt to six years’ imprisonment for illegal possession of arms in the case.
Interestingly, the investigation team for the Gateway-Zaveri Bazaar twin blasts was headed by ATS chief Rakesh Maria, then additional commissioner of police (crime branch) who also headed the 1993 blast probe. “We made all efforts in the investigation and our boys came up with a watertight case,” Maria said. -Shibu Thomas & Mateen Hafeez | TNN
The three death penalties Justice Pramod Dattaram Kode pronounced on Friday took the tally of capital punishments he has handed out to 15.
Justice Kode, as special TADA judge, sentenced 12 persons to death in the 1993 Mumbai serial blasts case, including prime accused Tiger Memon’s brother Yakub Memon. He also sentenced actor Sanjay Dutt to six years’ imprisonment for illegal possession of arms in the case.
Interestingly, the investigation team for the Gateway-Zaveri Bazaar twin blasts was headed by ATS chief Rakesh Maria, then additional commissioner of police (crime branch) who also headed the 1993 blast probe. “We made all efforts in the investigation and our boys came up with a watertight case,” Maria said. -Shibu Thomas & Mateen Hafeez | TNN
The Times of India, February 11, 2012
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