The special Terrorist and Disruptive Activity (TADA) court will on Thursday pronounce the quantum of punishment of five convicts, including extradited gangster Abu Salem, in the 1993 Mumbai blasts case. Judge GA Sanap had on 16 June convicted Salem, Mustafa Dossa, Karimullah Khan, Feroz Abdul Rashid Khan, Riyaz Siddiqui and Tahir Merchant for their role in hatching the conspiracy for the blasts. Another accused, Abdul Kayuum, was acquitted. [caption id=“attachment_4017723” align=“alignleft” width=“380”] File image of Abu Salem. PTI[/caption] The court had concluded hearing on the quantum of punishment on 10 August. Judge Sanap had said he would pronounce the sentence on 7 September. The prosecution had demanded death for Dossa, Karimullah Khan, Feroz Khan and Tahir Merchant, and life sentence for Siddiqui. However, Dossa, one of the masterminds of the conspiracy (apart from absconding accused Dawood Ibrahim, Tiger Memon and others) died of cardiac arrest on 28 June. The prosecution had said that Salem too deserved death, but it cannot demand the maximum penalty for him because of the Indian Extradition Act. Under section 34 (C) of the Act, if the country from where an accused has been extradited does not have a law that provides for capital punishment, he or she cannot be sentenced to death. Such a convict, however, can be awarded life term in jail. In the first set of trial in the case which concluded in 2007, the court had convicted 100 accused, including Yakub Memon (who got death penalty) and actor Sanjay Dutt. The trial of Salem and others was separated as they were arrested later. The serial blasts in the countrys financial capital on 12 March, 1993 left 257 people dead, 713 seriously injured, and destroyed property worth Rs 27 crore. In the present trial, except for Riyaz Siddiqui, the court had convicted other five of criminal conspiracy and murder under the IPC and provisions of the Terrorist and Disruptive Activities Act. Siddiqui was convicted only under the TADA for helping Salem and others in transporting arms and ammunition. All of them were absolved of the charge of waging war against the nation under section 121 of IPC. While Dossa arranged for landing of explosives, including RDX in India, and sent some youths to Pakistan for arms training, Salem transported arms and ammunition from Gujarat coast to Mumbai. He also handed over AK-56 rifles, 250 rounds of ammunition, and some hand grenades to Dutt. He was accused of later collected two rifles and some ammunition back from the actors residence. The court had dropped certain charges against Salem in 2013 after the investigating agency, CBI, said those were in violation of the extradition treaty between India and Portugal from where Salem was deported in 2005. With inputs from agencies
1993 Mumbai blasts sentencing as it happened: Abu Salem gets life; Tahir Merchant, Feroz Khan get death penalty
The TADA court will pronounce the quantum of punishment of five convicts, including extradited gangster Abu Salem, in the 1993 Mumbai blasts case.
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1993 Mumbai Blasts Case: Convicts have been given sentences for different offences, all punishments will run concurrently.
— ANI (@ANI) September 7, 2017
Abu Salem’s role in the 1993 blasts
The court had earlier held that prosecution proved Salem was one of the main conspirators and he delivered three AK-56 rifles and ammunition and hand grenades to actor Sanjay Dutt (convicted in earlier phase of trial under the Arms Act).
Salem, who was close to (Dawood’s brother) Anees Ibrahim and Dossa, took upon of himself to bring a part of arms and ammunition from Dighi to Mumbai, the court earlier said.
This was “vital towards achievement of the conspiracy so that the weapons could be used to terrorise and torment innocent citizens of India,” the court had said. — PTI
Salem’s life sentence will be converted to 25 years in prison only if govt commutes it: CBI special counsel
Salem had complete knowledge about the blasts. Only if Govt commutes, whole life will be converted to 25 years:DN Salvi, CBI Special Counsel
— News18 (@CNNnews18) September 7, 2017
Ball is in the court of govt of India: Ex-joint commissioner on Abu Salem’s life sentence
“The court has given a life sentence to Abu Salem. But the ball is in the court of the government of India,” YC Pawar, former joint commisioner, told CNN-News18.
Convicts will get set-off for the time they have served in jail: Ujjwal, Public Prosecutor on 1993 Mumbai Blasts case sentence pic.twitter.com/WEpaF0PzcU
— ANI (@ANI) September 7, 2017
The verdict so far
Karimullah Khan awarded life sentence, fine of Rs 2 alkh
Abu Salem awarded life sentence, fine of Rs 2 lakh
Tahir Merchant, Feroz Khan awarded death penalty
Riaz Siddiqui awarded ten years in prison
Roles of Tahir Merchant and Feroz Khan in the Mumbai blasts
According to CNN-News18, Tahir Merchant sent Indian youths for weapons training to Pakistan whereas Feroz Khan was Mustafa Dossa’s close aide and ensured arms and ammunition reached Dighi. Khan also manged police, customs and destroyed arms and ammunition after the blasts.
Riyaz Siddiqui sentenced to ten years in prison
1993 Mumbai blasts case: TADA court sentences convict Tahir Merchant to death, Riyaz Siddiqui sentenced to 10 years pic.twitter.com/LeIrqvVlS0
— ANI (@ANI) September 7, 2017
Abu Salem cannot be kept imprisoned beyond 25 years: OP Chatwal tells News18
OP Chatwal, who led the eight-member CBI team to Lisbon to bring back Abu Salem, told News18: “We had to give an assurance to Portugal that he will not be given death sentence. Without this assurance, he could not have been extradited. Once life imprisonment is given in Portugal, he cannot be kept imprisoned beyond 25 years. He has been convicted of 123 of IPC added with 302, and Section 32 of TADA. The maximum sentence is death sentence but this man cannot be awarded death sentence. This is because of the amendment in law in 1993. He is brought from a country where there is no death sentence. This was 1993 amendment into the Indian Extradition Act, 1962 and Section 34 (c) was added. This was needed because the government of India was facing problems in getting an accused extradited from a country where there was no death sentence. Hence this amendment acted as an assurance to those countries.”
Karimullah Khan a close aide of Tiger Memon
He was responsible for getting RDX for the Mumbai blasts, according to News18.
Abu Salem reaches TADA court
The quantum of sentencing will be pronounced soon.
Salem’s lawyer had claimed the extradited gangster wasn’t part of conspiracy
On 11 July, Abu Salem’s lawyer had argued before the special TADA court here that his client was not a part of the conspiracy which led to the 1993 Mumbai serial blasts.
Seeking a lesser punishment for his client, Salem’s lawyer Sudeep Passbola had said there was no evidence that Salem was a part of the conspiracy, nor was there any evidence that he attended the meetings where the blasts were plotted.
There was nothing to show that he was even in contact with the masterminds of the conspiracy, advocate Passbola had said, adding, “Salem played a very limited role”.
Click here to read the full _PTI_ report.
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