93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 016

Evidence:

255) The evidence against the appellants is in the nature of their own confessions, confessions made by other co-accused, the testimonies of prosecution witnesses, including eye witnesses and documentary evidence on record. A brief account of the evidence brought on record in respect of each of the appellant is as under.

256) Mr. Manish, learned counsel for the appellants, after taking us through the relevant materials submitted that the appellants joined the company of Tiger Memon and had gone to Dubai and Pakistan due to circumstance and by force. He also submitted that they had no intention to go to Dubai and to attend weapons training at Islamabad. Their main aim was to secure some job at Dubai. He also pointed out that though they participated in the smuggling activities of the Tiger Memon group, they had no intention to involve in the terrorist act as claimed by the prosecution. According to the counsel, though the prosecution has relied on their own confessional statements inasmuch as all of them have retracted from their statements, there is no need to give importance to those confessions. He also prayed that considering their poverty and also that at the relevant time they were in search of some job for their livelihood, the death sentence imposed by the Special Court is not warranted. On the other hand, learned senior counsel for the CBI, after taking us through their confessional statements, confessional statements of other co-accused, the evidence of PW-2 (Approver), eye-witnesses and recoveries as well as the loss of lives and damage to properties submitted that the Special Court was justified in awarding capital punishment.

Conspiracy:

257) The appellants have attended several conspiratorial meetings including the meeting at the residence of Babloo (AA) where targets were selected and at the Al-Hussaini building where RDX and other explosive materials were filled up in vehicles and suitcases in pursuance of the said terrorist act. The participation of the appellants (A-32, A-36 and A-39) in these meetings is a physical manifestation of the agreement. The agreement to commit an illegal act can also be inferred from the acts committed by the appellants, viz., receiving training in Pakistan, participating in filling RDX in vehicles in the intervening night between 11/12.03.1993 and throwing of hand grenades at the Fishermen’s Colony at Mahim on 12.03.1993 causing death of 3 persons and injuring 6 others. The object behind the conspiracy is the ultimate aim of the conspiracy and many means may be adopted to achieve this ultimate object. The means may even constitute different offences by themselves, but as long as they are adopted to achieve the ultimate object of the conspiracy, they are also acts of conspiracy. Since we have elaborately discussed the issue relating to conspiracy in the earlier part of our judgment, there is no need to refer to the same once again.

Confessional Statements:

Confessional Statement of Zakir Hussain Noor Mohd. Shaikh (A-32)

258) Confessional statement of A-32 under Section 15 of TADA has been recorded on 16.05.1993 (11:25 hrs.) and 19.05.1993 (17:30 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. In his confession, he made the following assertions:

(i) He knew Javed Chikna (AA) ‘very well’.

(ii) He travelled to Dubai on 11.02.1993 along with other co-accused and they were received by Ayub Memon (AA), brother of Tiger Memon, at Dubai Airport.

(iii) He met Tiger Memon at a flat in Dubai and did not protest when he was told by Javed Chikna that he had come for training in handling arms and making bombs.

(iv) He left for Islamabad from Dubai by a Pakistan International Airlines flight.

(v) They were taken out of the Islamabad Airport without any checking.

(vi) He was renamed as ‘Shakir’ and other co-accused were also given fake names when they were in Pakistan.

(vii) Tiger Memon also joined them in training at Pakistan and stayed with them for two days.

(viii) He was trained in firing AK-56 rifle, preparation of bombs using RDX (black soap), using detonator and to throw hand grenades.

(ix) After return from Pakistan, he along with A-36, A-39 and other conspirators met in a flat where Tiger Memon brought a copy of holy Quran and everyone including him, took oath to keep the training in Pakistan a secret and that after reaching Bombay they would take revenge. Tiger Memon also delivered a lecture on communal riots in Bombay.

(x) On 07.03.1993, he attended the meeting in the house of Babloo (AA) in Bombay where Tiger Memon ordered them to cause riots.

(xi) On 10.03.1993, after the meeting in the house of Mobina @ Bayamoosa Bhiwandiwala (A-96), he along with A-39 and other co-accused went to survey Bharat Petroleum Refinery as a prospective target for blasts.

(xii) On the same day, Tiger Memon told them to throw hand grenades at Fishermen’s colony at Mahim.

(xiii) Each of the appellants (A-32, A-36 & A-39) filled RDX in vehicles at the Al-Hussaini building on the night of 11.03.1993.

(xiv) On 12.03.1993, at 2:30 p.m., A-32, A-36 and A-39 along with Bashir (A-

13), Mahmood, Salim Dandekar and Moin (A-43) left Al-Hussaini building; thereafter, they all threw hand grenades at Fishermen’s Colony at Mahim. He threw two hand grenades and saw many people getting injured.

Reference to A-36 and A-39

(i) A-36 and A-39 joined the training camp in Pakistan.

(ii) A-36 and A-39 also took oath on holy Quran to keep the fact about receiving training in Pakistan a secret and to take revenge after their return to Bombay.

(iii) A-36 and A-39 participated in filling RDX at Al-Hussaini Building and in throwing hand grenades at Fishermen’s Colony at Mahim. Confessional Statement of Abdul Khan Akhtar @ Yakub Khan Akhtar Khan (A-36) Confessional statement of A-36 under Section 15 of TADA has been recorded on 19.05.1993 (17:40 hrs.) and 21.05.1993 (18:20 hrs.) by Shri Krishan Lal Bishno (PW-193), the then DCP, Zone III, Bombay. In his confession, he made the following assertions:-

(i) He knew Shahnawaz Qureshi (A-29) very well and also knew that he was a well-known criminal.

(ii) He went to Dubai in February, 1993 along with Shehnawaz and Irfan Chougule (AA) and met Gullu @ Gul Mohd. (A-77) at Dubai Airport. They were received by Ayub Memon (AA), brother of Tiger Memon, at the Airport.

(iii) He met Tiger Memon at Dubai, and thereafter, left for Pakistan to receive training in use of arms and explosives.

(iv) He along with A-32 were given training in handling AK-56 rifles, pistols, detonators, safety fuse, hand grenades, rocket launchers, use of RDX in making bombs and petrol bombs.

(v) After return from Pakistan, he along with other co-accused took oath on holy Quran to keep the training in Pakistan a secret and to wage ‘Jehad’.

(vi) In the intervening night between 11/12.03.1993, he and other co-accused, filled RDX in vehicles at the Al-Hussaini building.

(vii) On 12.03.1993, he along with A-32, A-39, Bashir (A-13), Moin (A-43), Mehmud and Salim drove to Fishermen’s colony at Mahim and threw hand grenades.

Reference to A-32 and A-39

(i) A-32 and A-39 took training in Pakistan

(ii) A-32 and A-39 took oath on holy Quran to wage Jehad in Bombay.

(iii) A-32 and A-39 threw hand grenades at Fishermen’s colony at Mahim. Confessional Statement of Feroz @ Akram Amani Malik (A-39) Confessional statement of A-39 under Section 15 of TADA has been recorded on 19.04.1993 (22:30 hrs.) and 23.04.1993 (20:50 hrs.) by Mr. P.D. Pawar (PW-185), the then DCP, Zone V, Bombay. In his confessional statement, he made the following assertions:-

(i) He deposed that he was the brother-in-law of co-accused Fazal Abdul Rehman (A-76). He left for Dubai on 08.02.1993 along with Niyaz Mohd. @ Aslam Iqbal Ahmed Shaikh (A-98).

(ii) He and other co-accused were received by Ayub Memon (AA), brother of Tiger Memon, at Dubai Airport. He also met Nasim Ashraf Shaikh Ali Barmare (A-49) at Dubai.

(iii) He left for Pakistan from Dubai in a PIA flight along with other co-accused where a person took them out of the Islamabad Airport without any immigration check.

(iv) He was renamed as ‘Akram’ in Pakistan and he received weapons training along with others where they were trained to assemble guns and throw bombs.

(v) Tiger Memon attended training in Pakistan and told the co-accused that they have to blast bombs at Bombay.

(vi) When they returned to Dubai, he and other co-accused took oath on holy Quran to keep the training in Pakistan a secret.

(vii) On 10.03.1993, he along with PW-2 went in a car to Shiv Sena Bhawan and a petrol pump nearby to survey the prospective targets. He also went to Chembur Refinery along with PW-2 to survey the target.

(viii) On 12.03.1993, he along with A-32, A-36, Bashir (A-13) Moin, (A-43), Salim and Mahmud threw hand grenades at the Fishermen’s Colony at Mahim.

Reference to A-32 and A-36

(i) A-32 and A-36 joined A-39 for training in Pakistan.

(ii) A-39 went along with A-32 to survey the Chembur Refinery.

(iii) A-32 and A-36 also threw hand grenades at the Fishermen’s Colony at Mahim.

259) On perusal of the confessional statements made by the appellants, it is established that the appellants:

 (a) attended training camp in Pakistan;

 (b) took oath on holy Quran to do Jehad;

 (c) attended meetings at the residence of Babloo (AA) and Mobina;

 and

 (d) threw hand grenades at Fishermen’s Colony at Mahim.

260) It is also clear that the confessions made by the appellants are truthful and voluntary and were made without any coercion. All safeguards enumerated under Section 15 of TADA and the rules framed thereunder have been duly complied with while recording the confessions of the appellants. Retraction Statements

261) It is contended by learned counsel for the appellants that the above mentioned confessions should not be relied upon since they were subsequently retracted by A-32 and A-39 and the denial of the voluntariness of the confessional statement made by A-36 has been recorded by the Designated Court in the statement under Section 313 of the Code. In the instant case, it was brought to our notice that retractions were not made at the first available opportunity by the accused persons. After arrest, the accused persons were produced before the Court number of times in 1993 and 1994. While the confessions were recorded in April and May 1993, retractions have been made only in May, 1994, i.e. after a gap of 1 year. Since we have elaborately discussed the contention raised by learned counsel with regard to the same in the main appeal, there is no need to refer the same once again.

FOR FULL JUDGEMENT, PLEASE CHECK THE LINKS BELOW:

93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement:

Part 001 / Part 002 / Part 003 / Part 004 / Part 005 / Part 006 / Part 007 / Part 008 / Part 009 / Part 010 / Part 011 / Part 012 / Part 013 / Part 014 / Part 015 / Part 016 / Part 017 / Part 018 / Part 019 / Part 020 / Part 021 / Part 022 / Part 023 / Part 024 / Part 025 / Part 026 / Part 027 / Part 028 / Part 029 / Part 030 / Part 031 / Part 032 / Part 033 / Part 034 / Part 035 / Part 036 / Part 037 / Part 038 / Part 039 / Part 040 / Part 041 / Part 042 / Part 043 / Part 044 / Part 045

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