4 get life behind bars for Lajpat terror blast

| | New Delhi
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4 get life behind bars for Lajpat terror blast

Friday, 07 July 2023 | PNS | New Delhi

The Supreme Court on Thursday handed down life sentences without remission to four convicts involved in the 1996 Lajpat Nagar bomb blast case, which resulted in the death of 13 people and left 38 injured. The court deemed their actions as part of an “international conspiracy” to “destabilise” India. While acknowledging the severity of the offense, the court decided against awarding the death penalty due to the substantial delay in the case.

The bench, comprising Justices BR Gavai, Vikram Nath, and Sanjay Karol, emphasised the mitigating circumstances of the 27-year delay in the case, including a 14-year delay in the trial court.

The court said, “The incident took place on May 21, 1996, approximately 27 years ago, and the trial court awarded the sentence of death on April 22, 2010, more than 13 years ago. These are all mitigating circumstances for not awarding the sentence of death, even though the offense falls within the category of rarest of rare cases.”

“In view of the severity of the offence resulting in deaths of innocent persons and the role played by each accused person, all these accused persons are sentenced to imprisonment for life, without remission, extending to natural life. Accused, if on bail, are directed to immediately surrender before the Court concerned and their bail bonds stand cancelled.”

The convicts — Mohd Naushad, Mirza Nissar Hussain alias Naza, Mohd Ali Bhatt alias Killey, and Javed Ahmed Khan — were sentenced to imprisonment for life without remission, extending to natural life.

The court expressed strong criticism of the delay in the trial, stating that it compromised “national interest.” It emphasised the need for expeditious trials, particularly in cases concerning national security and the well-being of the common man.

The court expressed disappointment that the prominent market attack had not received the required degree of promptitude and attention, suggesting the involvement of “influential persons” as only a few accused were put on trial.

“The record reveals it is only on the prodding on the part of the judiciary that the trial could be completed after more than a decade. The delay, be it for whatever reason, attributable to the judge in-charge or the prosecution, has certainly compromised national interest,” it said.

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4 get life behind bars for Lajpat terror blast

 

 

It said expeditious trial of such cases is the need of the hour, especially when it concerns national security and the common man.

“Regrettably, enough vigilance was not displayed by the investigating as well as the judicial authorities. A prominent market in the heart of the capital city is attacked and we may point out that it has not been dealt with the required degree of promptitude and attention,” it said.

The judgment extensively analysed the circumstantial evidence, facts related to the recovery and arrests of the convicts, and their participation in a larger conspiracy planned by other accused persons who remained elusive and were declared proclaimed offenders.

“Having considered the circumstances alleged by the prosecution against the accused persons..., it is clear that the prosecution has proved the guilt of the accused in the commission of the crime. The last question which arises before us is - whether all these accused persons were part of a conspiracy under Section 120B (criminal conspiracy) of the IPC? We find this question to be answered in the affirmative,” the bench said.

It held that the blast was planned at the behest of other accused persons who remained elusive and were declared proclaimed offenders.

“It is evident that all these accused were known to each other and were participating with the common objective to carry out the blast in Delhi in furtherance of an international conspiracy to cause disruptive activities in India. All the proven circumstances taken together form a chain of events that implicates the accused persons,” it said.

Initially, the Delhi Police filed charges against 17 people involved in the blast. Out of the 17, one died, seven were declared proclaimed offenders and evaded trial, while the remaining nine accused were tried.

The trial court convicted six individuals and imposed varying jail terms, including the death penalty for Mohd Naushad, Mirza Nissar Hussain, and Mohd Ali Bhatt. Only the four convicts mentioned above filed separate appeals in the Delhi High Court against their convictions and sentences.

The Delhi High Court upheld the conviction of Mohd Naushad and Javel Ahmad Khan but commuted the death penalty to a life term. However, it acquitted Mirza Nissar Hussain and Mohd Ali Bhatt. In its ruling, the Supreme Court held all four convicts guilty of various offenses, including the theft of a car used in the crime.

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