The Gujarat High Court on Tuesday upheld the Special Court’s 2022 judgment awarding the death penalty to 38 convicts and life imprisonment to 11 others in the 2008 Ahmedabad serial blasts case, one of the country’s deadliest terror attacks, which claimed 56 lives and left more than 200 people injured.
The Division Bench of Justice AY Kogje and Justice Samir Dave dismissed all criminal appeals filed against the trial court verdict and confirmed the sentences imposed on the convicted members of the terrorist outfit Indian Mujahideen (IM). The High Court also allowed the State government’s reference seeking confirmation of the death sentences, as required under the Code of Criminal Procedure.
A detailed copy of the High Court judgment is awaited.
Apart from affirming the convictions and sentences, the High Court enhanced the compensation payable to the victims. It directed the Gujarat government to pay Rs 10 lakh to the families of those who lost their lives, Rs 5 lakh to victims who suffered grievous injuries, and Rs 1 lakh to those who sustained simple injuries. The Court directed that the compensation be disbursed on or before March 31, 2027.
On July 26, 2008, a series of 21 coordinated bomb blasts took place across Ahmedabad within about 70 minutes. Explosions occurred at crowded public places, including state-run Civil Hospital, LG Hospital, buses, parked bicycles, cars and other locations. The attacks killed 56 people and injured more than 200 others. Hospitals treating blast victims were also targeted. Two days later, several live bombs were recovered from different locations in Surat, though they failed to explode.
The investigation led to the registration of 20 FIRs in Ahmedabad and 15 FIRs in Surat. Investigating agencies later claimed that both incidents formed part of a single terrorist conspiracy orchestrated by Indian Mujahideen, which the prosecution described as a breakaway faction of the banned Students Islamic Movement of India (SIMI). The cases were consequently clubbed together for a joint trial.
The Special Court, in its judgment delivered on February 8, 2022, convicted 49 out of the 78 accused while acquitting 28 others after extending them the benefit of doubt. One accused was granted pardon after turning approver, while four approvers who subsequently retracted their statements were convicted during the trial.
The convicts were found guilty under multiple provisions of the Indian Penal Code, including Sections 302 (murder), 307 (attempt to murder), 120B (criminal conspiracy), 121 and related provisions dealing with waging war against the State, Section 124A (sedition), Section 153A (promoting enmity between different groups), besides offences under the Unlawful Activities (Prevention) Act, the Explosive Substances Act and the Prevention of Damage to Public Property Act.
Among those convicted are former SIMI chief Safdar Nagori and several of his associates from different States, including Gujarat, Madhya Pradesh, Kerala and Uttar Pradesh. According to the prosecution, the accused had reorganised themselves under the banner of Indian Mujahideen and executed the serial bombings as part of a larger terrorist conspiracy. Investigators also alleged that emails claiming responsibility for the attacks stated that the blasts were intended as retaliation for the 2002 post-Godhra communal violence.
The trial was one of the largest criminal proceedings in the country. The prosecution examined 1,163 witnesses before nine different judges over several years. The identities of 26 key witnesses were kept confidential to ensure their safety.
While imposing the death penalty in 2022, the Special Court had observed that several of the accused were highly educated professionals, including doctors, professors and computer experts, and possessed specialised skills that enabled them to execute complex terrorist activities across different States. The trial court had also noted the difficulty faced by investigating agencies in unearthing the larger conspiracy but concluded that substantial documentary, electronic and oral evidence established the guilt of the accused beyond reasonable doubt.
The trial court had originally directed payment of Rs 1 lakh each to the families of the deceased, Rs 50,000 to victims who suffered serious injuries and Rs 25,000 to those with minor injuries. It had also imposed a fine of Rs 2.85 lakh on each of the convicted persons. With the High Court judgment, the convictions, sentences and enhanced compensation stand confirmed, subject to any further challenge before the Supreme Court.
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