Justice for 188 killed in second deadliest terror strike in India
Rebecca Samervel
Mumbai:
12 Of 13 Accused Convicted For 2006 Mumbai Serial Train Blasts
State May Seek Death Penalty On Monday
A special court on Friday convicted 12 of the 13 accused in the second deadliest terror attack on Indian soil, which killed 188 and injured 817 first-class suburban commuters during evening rush-hour on July 11, 2006, on the world's busiest rapid transit system.
All 12 convicts face a maximum punishment of death and a minimum of life in jail for their role in the plot which was hatched in Pakistan. Asked if he would seek the death penalty , special public prosecutor Raja Thakare said “everybody“ felt such offences deserved no mercy and “the law must respond to society's cry for justice.“
The verdict for the 11/7 attacks, which changed how a large section of Mumbaikars viewed their daily commute on the city's lifeline, came on the 14th anniversary of the 9/11 attacks in New York City , which changed the way the world viewed terrorism.
The investigators had said the bombings were designed by Lashkar-e-Taiba (LeT), which used banned Indian outfit SIMI, to execute their plan.According to police, 10 members of the LeT had brought around 15-20kg RDX with them from Pakistan and made bombs using the deadly explosive. They used young Indians to execute their terror plot.
The seven blasts occurred in a span of eight minutes, starting 6.23pm, on trains at or near Khar, Bandra, Jogeshwari, Mahim, Borivli, Matunga and Mira Road stations.
The court's pronouncement, which brought some sort of closure for the victims' kin as well as survivors, came at 12.05pm after in-camera pro ceedings where all the 13 accused, their lawyers, serving and former officers of the Anti-Terrorism Squad and intelligence officers were present.
Special Maharashtra Control of Organised Crime Act (MCOCA) court judge Yatin Shinde read out sections of the IPC, MCOCA and the Unlawful Activities Prevention Act before pronouncing the verdict, which did not provoke any outward expression of emotion from any of the ac cused, who range in age from 33 to 46.
They come from diverse backgrounds and professions, ranging from a unani medical practitioner and software engineer to a footwear shopowner and a local lock-and-key maker. One of the planters, Ehtesham Siddiqui, is known to be a religious book writer and publisher from Mira Road. Faisal Shaikh, who played a major role in the bomb ings, had visited Pakistan twice--in 2004 and 2005--and got training in LeT camps in assembling bombs and operating firearms. He was in direct touch with the LeT's Bahawalpur camp chief, Azam Cheema. Money was sent from Pakistan to other countries and finally reached India to carry out the blasts,“ said an officer who was part of the investigation.
Special Public Prosecutor Raja Thakare said he would study various judgments, including the one that gave Yakub Memon death, as well as the Law Commission report (which has recommended death for only terror attacks) before making his arguments for the punishment to be awarded to those convicted in the 117 blasts case.
The trial in the case concluded in August 2014, leaving a little over a year for the pro nouncement of the judgment.The date of the judgement and production warrants were issued to the accused only a day earlier.
All 13 accused were brought into court room number 58 amid heavy security around 11.30am. Security around the entire fifth floor of the court building was beefed up and the four elevators were not allowed to go beyond the fourth floor. The courtroom is housed at the end of the corridor and is fortified with collapsible gates and a metal detector. As proceedings commenced, the gates were locked. The proceedings lasted only about 20-25 minutes.
About 50 journalists across various newspapers and channels were banned from attending the proceedings. The court's decision to keep the media at bay came after an application was filed by the police officer in charge of the security .
The accused were convicted on a total of 32 counts. Other sections under which they are convicted come under the Explosives Act, Explosive Substances Act, Prevention of Damage to Public Property Act, and Railways Act. Family members of the accused present outside the court room were angry as the verdict was pronounced and expressed their disappointment. They said they would file appeals in the Bombay high court.
Abdul Sheikh, who was the only one to be acquitted, had been charged with harbouring a Pakistani national at his Mumbra house. Thakare said that one of the prosecution witnesses who was to depose on his role turned hostile. “There wasn't much evidence against him. I will have to peruse the judgement copy before deciding on an appeal against his acquittal,“ he said.
2 accused `missing' in UK & UAE, say red-corner notices
Mateen Hafeez
Mumbai:
Indians Among 15 People Still Wanted For Role In Blasts
Raheel Shaikh and Rizwan Dawrey , named as accused in the 117 train blasts case and believed to be in the UK and UAE respectively , are yet to be traced despite red-corner notices against them and an extradition treaty with the UK. Besides, red-corner notices are yet to be issued against any of the Pakistanis suspected of being involved in the blasts as the government does not have their correct names and addresses.
Interpol had issued red-corner notices against only the two Indians of the 15 wanted accused, including nine Pakistanis: Shaikh currently in Birmingham, and chartered accountant Dawrey , now based in Dubai.The notices were issued following specific information about their residential addresses in Thane and Pune, photographs, role in the blasts and current locations. The two were accused of routing hawala money from Pakistan to UK and then to Dubai. The chargesheet mentioned more than seven financial transactions took place through Dawrey and Shaikh. Shaikh is said to have brought the money from Dubai to Mumbai through hawala. The two accused are al so accused of “aiding and abetting“ the blasts.
Police had claimed that Shaikh's brother Faisal Shaikh, who was among those arrested, had received around Rs 60 lakh in five years through hawala channels prior to the blasts. “Of this, Rs 20 lakh was used in the terror operations,“ claimed an ATS officer. After Faisal's arrest, police also questioned his cousin sister about the hawala transactions. Money was allegedly sent to the woman and Faisal collected it from her. Police later gave her a clean chit since she was not aware of the money's legal status and was told that Shaikh had been sending the money from Dubai to his family .
“We don't have the real names and addresses of the accused in Pakistan and Nepal. We are still collecting information about them. The names which we got during interrogation could be wrong. We are not sure whether the Pakistanis used their original names or coded names,'' an ATS officer had said earlier. The documents prepared by the ATS were sent to the city crime branch and later to the CBI.
ATS had said one of the wanted Pakistanis, Ehsanullah, who is known to have brought 15-20kg RDX from Pakistan, manufactured the seven bombs.Other Pakistani suspects were identified as Abu Bakar, Hafeezullah, Abu Obaidin alias Abu, Amanullah, Saeed Khan, Ammu Jaanam and Riyaz. “To issue a red-corner notice we require to submit names of the accused, personal details like expected address, age, height etc,“ added an officer.
Bihar resident Kamal Ahmed, the first to be arrested in the case on July 19, 2006, underwent terror training in Pakistan. “We have submitted evidence to the court about his visits to Pakistan. He visited that country at least seven times and brought more than a dozen militants to India via the Nepal border,'' ATS sources said. However, it's still not clear whether those whom Ahmed allegedly helped enter India had any role to play the train blasts.