A Special Terrorism and Disruptive Activities (Prevention) Act court on Thursday handed out death sentence to two convicts Taher Merchant and Firoz Abdul Rashid Khan and life imprisonment to extradited underworld don Abu Salem and another convict Karrimullah Osan Khan in the part-two trial of the 1993 Mumbai serial blasts case.
The TADA court sentenced the fifth convict in the case Riyaz Ahmed Siddhiqi to ten years' rigorous imprisonment.
Of the six accused convicted by the TADA court on June 16 this year, notorious smuggler and key convict Mustafa Dossa, alias Mustafa Majnu, died of a massive heart attack at the State-run JJ Hospital here on June 28. The court had earlier on June 16 acquitted seventh accused in the case, Abdul Kayyum for lack of evidence.
“By way of a life term, the court has sentenced Abu Salem to imprisonment till death. But, under the extradition treaty between India and Portugal, Salem can be sentenced to a maximum 25 years' imprisonment. That being the case, the Government of India, through an executive order, will in likelihood commute
Salem's sentence to maximum of 25 years' imprisonment,” Special Public Prosecutor Deepak Salve told The Pioneer after the verdict.
Special Judge GA Sanap awarded death sentence to Firoz Abdul Rashid Khan (47) and Taher Merchant, alias Taher Taklya, (55), while he sentenced Salem (50) and Karimullah Khan (55) to imprisonment till death and Riyaz Siddiqui (67) to 10 years' rigorous imprisonment.
The court imposed varied amounts of fines on the five convicts after finding them guilty on various charges, including murder, hatching a criminal conspiracy to carry out the blasts, waging a war against the nation, supplying arms and ammunition, and other serious offences.
Of the convicted, five accused — including Taher Merchant, Firoz Abdul Rashid Khan and Salem — had been found guilty of charges framed against them for criminal conspiracy (120-B), murder, attempt to murder and other sections of the Indian Penal Code, relevant provisions of the TADA, Explosives Act, Explosive Substances Act, Arms Act and Destruction of Public Property Act.
However, the court had convicted the sixth accused Siddiqui for all offences, excepting the conspiracy charge which the Prosecution failed to prove against him.
The court acquitted the seventh accused in the case, Abdul kayyum for lack of evidence.
As many as 257 persons were killed and 713 others injured in the serial explosions that rocked the country's commercial capital on March 12, 1993. Property worth Rs 27 crore was destroyed in the blasts.
The serial blasts were the outcome of a larger conspiracy hatched in Dubai, Mumbai and other places in India. Initially, the investigation was conducted by Mumbai Police. In all 27 crimes were registered at various police stations. On November 4, 1993, the Mumbai Crime Branch had filed a consolidated charge sheet before a special court.
Salem, who was among the seven accused tried in the second phase of bomb blasts trial, was extradited to India along with his girl friend Monica Bedi on November 11, 2005, after a prolonged legal process in Portugal lasting three years.
During his arguments over the quantum of punishment to the six convicts, CBI counsel Deepak Salve had said that though Salem deserved capital punishment, the court had restrictions in handing the key convict death sentence, because of the solemn sovereign assurances that India had given to and the extradition treaty and it had entered with Portugal. The provisions barred the Indian courts from handing out death sentence to Salem.
“Salem has been handed over by Portugal on the basis of solemn sovereign assurances and section 34 (c) of the Indian Extradition Act, 1962, which bars the punishment of death penalty to be awarded to accused in the case when the sending state does not provide for death penalty for such extradited offences. Nothing short of a death penalty would aptly fit the demonic crime committed by him in order to meet the ends of justice. It is prayed, albeit with a heavy heart and a reluctant disposition, that bound by the shackles of the Extradition Act, that this court be pleased to award the punishment of life imprisonment (for the rest of his natural life) to him,” Salve had said in his arguments on quantum of punishment for Salem.
Salve had sought capital punishment for four other accused Taher Merchant, Feroze Rashid Khan, Karimullah Khan and deceased convict Mustafa Dossa. Salve had rooted for life sentence for Siddique.
The seven accused persons, who were tried in the part-two trial of the 1993 Mumbai serial blasts, had been arrested between 2003 and 2010.
Then a key aide of Dawood, Salem played an active role in the 1993 Mumbai serial blasts. Salem was part of Dawood's core team that hatched the conspiracy to engineer simultaneous blasts at 13 locations across Mumbai on March 12, 1993. It was Salem who had supplied three AK-56 rifles and ammunition and hand grenades to actor Sanjay Dutt who had been convicted under the Arms Act in earlier phase of trial.
Dossa, who was deported from UAE on March 20, 2003, is the younger brother of Mohammed Dossa, the absconding chief landing agent of Dawood. He was present at the first conspiracy meeting in Dubai and supervised landing of Kalashnikovs and RDX twice in the Raigad coast of Maharashra. At the Dubai meeting, Dawood, Tiger, Annes Ibrahim, Mohammed Dossa, Mustafa Dossa and Ejaz Khan were present.
Dossa also helped some of the accused go to Pakistan for training and arranged landing of RDX and AK-47 rifles along the Raigad coast in Maharashtra.
Of the remaining convicts, Tahir Taklya was the key point person of Dawood and Tiger in Dubai and it was he organsied the stay of the suspects in Dubai and travel for going to Pakistan for training. He also collected funds mobilised for the blasts and distributed those involved in the blasts.
An aide of Dossa, Firoz Abdul Rashid Khan was sent to Raigad district to meet Customs and police officials and give them the idea that a landing was to take place.
Karmullah had attended conspiracy meetings and took part in the landing operations at Shekadi in Raigad district.
Riyaz Siddiqui organised specially- crafted secret cavities, which had been used for transporting arms and ammunition by Abu Salem from Bharuch to Mumbai.
The trial involving the first set of 123 accused had begun in 1995 and concluded in 2002. Having begun to pronounce the judgements in the first phase of the trial on September 12, 2006, then designated Judge P D Kode completed the first phase of verdicts on December 6, 2006.
Of the 123 who faced the trial, 100 were convicted and 23 acquitted. Of the 100 convicted, Judge Kode awarded capital punishment to 12 and life imprisonment to 20. Rest of the convicts were handed sentenced to periods ranging from two years to 14 years. Only one of the 100 convicts - that is Russi Mulla - was set free by the court by giving him relief under the Probation of Offenders Act (POA).
Of the 12 convicts who were handed capital punishment in the first phase of the 1993 serial blasts trial, Yakub Abdul Razzak Memon was hanged to death at the Nagpur Central Prison on July 30, 2015.