Supreme Court stays execution of death sentence of IM operative in 2008 Ahmedabad blasts case

The Supreme Court on Thursday stayed the execution of the death penalty of an operative of terror outfit Indian Mujahideen in connection with the 2008 Ahmedabad serial bomb blasts that left 56 people dead.

A bench of Justices Vikram Nath, AG Masih and Sandeep Mehta, issued notice to the Gujarat government on a plea of Ahmed Bawa alias Abbu Abubakar Barelvi against the high court verdict, which upheld the death penalty awarded to him by the trial court.

The top court called for the trial court records in the case and stayed the execution.

Solicitor General Tushar Mehta, appearing in the matter, said it is a serious case.

On July 7, the high court, while upholding the death sentence of 38 operatives of the Indian Mujahideen (IM) in the 2008 Ahmedabad serial bomb blasts case, cited the large number of casualties, the "humongous" conspiracy and the intention to spread widespread terror as key reasons for affirming the punishment.

It also upheld life imprisonment given to 11 other convicts, holding that their roles in terror training camps in Gujarat and Kerala, and logistical support to the conspiracy had been proved.

On July 26, 2008, a series of 21 bomb blasts ripped through different areas of Ahmedabad in a span of 70 minutes, killing 56 people and leaving more than 200 others injured. 

Explosions also occurred at hospitals where victims were being taken for treatment, marking the first such targeting of medical facilities in a terror attack in India.

The high court rejected all appeals filed by the convicts and confirmed the February 2022 judgment of the special court, which had sentenced 38 IM members to death and 11 others to life imprisonment. The state government had sought confirmation of the death sentences.

The high court had said the criminal antecedents and roles of the 38 convicts established that they had carried out a terrorist act warranting the death penalty.

It noted that the special court considered both mitigating and aggravating circumstances before imposing the sentence.

The high court said the number of deaths, the "humongous nature of conspiracy", the intention "to create an atmosphere of widespread terror in the society", the conduct of the convicts during trial, the scale of the conspiracy, and the loss of innocent lives in the "inhuman and dastardly act" justified the capital punishment.

"The manner in which the bomb blasts were executed speaks volumes about the mindset and the remorseless act of taking away the lives of innocent people," the high court had said.

It had also noted that some of the convicts had criminal antecedents and that none had shown remorse. It had said disciplinary actions had been taken against them during their incarceration, and there was nothing on record to justify taking a lenient view while sentencing them.

While upholding the life sentences of the remaining 11 convicts, the high court said the prosecution had established their participation in terror training camps and their involvement in procuring scooters, plastic containers, and clocks used in the conspiracy, besides arranging shelter for the other accused.

The high court had also upheld the fines imposed on the convicts, observing that the magnitude of the offence, the damage to public property and the large-scale loss of life and injuries justified the penalties.

The court directed the Gujarat government to pay compensation of Rs 10 lakh to the families of those killed and Rs 5 lakh to the grievously injured before March 30, 2027.

The convicts include Safdar Nagori, former leader of the banned outfit Student Islamic Movement of India (SIMI), and his associates from 11 states, including Gujarat, Madhya Pradesh, Kerala and Uttar Pradesh.

Seventy-eight people were put on trial after 35 police cases -- 20 FIRs relating to the Ahmedabad blast and 15 linked to unexploded bombs recovered in Surat -- were merged. Forty-nine were convicted by the special court.

The special court’s February 2022 order marked the first time that 38 convicts were handed down the death penalty in a single case by any court.

In January 1998, a TADA court in Tamil Nadu sentenced to death all 26 convicts in the case of the assassination of former prime minister Rajiv Gandhi in 1991.