93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 017

Confessional Statements of co-accused:

Confessional Statement of Bashir Ahmed Usman Gani Khairulla (A-13)

262) Confessional statement of A-13 under Section 15 of TADA has been recorded on 16.05.1993 (10:30 hrs.) and 18.05.1993 (17:15 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The prosecution submits that the confession of A-13 is pertinent since he was one of the co-accused who accompanied the appellants to the Fishermen’s colony at Mahim on 12.03.1993. His confession corroborates the confessions of the appellants in material aspects.

Reference to A-32

(i) A-32 attended a conspiratorial meeting on 10.03.1993 at the residence of Mobina.

(ii) On 11.03.1993, at 11.00 p.m., A-32 took him to the house of Tiger Memon at the Al-Hussaini building.

(iii) He along with A-32, A-39, A-36, Saleem, Mehmood and Moin went to throw hand grenades at Mahim Slope Cause-way on 12.03.1993. Reference to A-36

(i) A-36 actively participated in preparation of vehicle bombs by using RDX at Al-Hussaini Building compound in the intervening night between 11/12.03.1993.

(ii) In the morning of 12.03.1993, A-36 was present at Al-Hussaini building to execute his job of throwing hand grenades as assigned by Tiger Memon.

(iii) He along with A-36, A-32, A-39, Saleem Dandekar and Mehmood went to Mahim Slope Cause-way and threw hand grenades at hutments.

Reference to A-39 He along with A-39, A-32, A-36, Saleem, Mehmood and Moin threw hand grenades at Mahim Slope way.

Confessional Statement of Mohd. Farooq Mohd. Yusuf Pawale (A-16) Confessional statement of A-16 under Section 15 of TADA has been recorded on 20.05.1993 (16:30 hrs.) and 22.05.1993 (16:45 hrs.) by Sanjay Pandey (PW-492), the then DCP, Zone-VIII, Bombay. In his confessional statement, he made the following assertions with regard to the appellants:-

Reference to A-32 A-32 attended training in handling arms and explosives in Pakistan. Reference to A-39 He attended the meeting held by Tiger Memon on 07.03.1993 in which Tiger informed that he was going to cause riots in Bombay.

Confessional Statement of Mohd. Iqbal Mohd. Yusuf Shaikh (A-23) Confessional statement of A-23 under Section 15 of TADA has been recorded on 20.05.1993 (10:00 hrs.) and 22.05.1993 (10:00 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. He made the following assertions:-

(i) In the intervening night between 11/12.03.1993, A-32 filled the vehicles with RDX along with other co-accused at Al-Hussaini building.

(ii) On 12.03.1993, A-36 filled the vehicles with RDX along with other co-

accused at Al-Hussaini building.

Confessional Statement of Shahnawaz Abdul Kadar Qureshi (A-29) Confessional statement of A-29 under Section 15 of TADA has been recorded on 18.05.1993 (18:30 hrs.) and 21.05.1993 (14:45 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. In his confessional statement, he made the following assertions with regard to the appellants:-

Reference to A-32

(i) A-32 was present in the training camp in Pakistan when he and others reached there.

(ii) A-32 was present at Al-Hussaini Building in the flat of Tiger Memon along with Tiger, Shafi, Anwar, Bashir Muchhad, Nasim, Parvez and Sardar Khan.

(iii) A-32 received Rs.5,000/- from Tiger Memon Reference to A-36

(i) A-36 was present in the training camp in Pakistan when he and others reached there.

(ii) A-36 received training in handling of arms and explosives in Pakistan.

(iii) A-36 returned from Dubai along with him, Feroz, Zakir and Mohd. Rafiq.

(iv) A-36 was present at Al-Hussaini Building compound on the night of 11.03.1993 along with Tiger, Shafi, Anwar, Bashir Muchhad, Nasim, Parvez, Zakir and Sardar Khan where vehicle bombs were prepared.

(v) On 12.03.1993, at about 12:30 noon, A-36 was present in the flat of Tiger Memon at Al-Hussaini Building along with Javed Chikna, Bashir Muchhad, Bashir Mahimwala, Shafi, Usman, Salim Dandekar, Anwar and Zakir.

(vi) A-36 received Rs.5,000/- from Tiger Memon.

Reference to A-39

(i) A-39 was present in the training camp in Pakistan when he and others reached there.

(ii) A-39 returned from Dubai along with him and A-29 Zakir, Abdul, Akhtar and Mohd. Rafiq.

Confessional Statement of Nasim Ashraf Sherali Barmare (A-49) Confessional statement of A-49 under Section 15 of TADA has been recorded on 16.05.1993 (09:30 hrs.) and 18.05.1993 by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. He made the following assertions:-

Reference to A-32

(i) A-32 participated in the weapons training in Pakistan.

(ii) A-32 was present at the Al-Hussaini building in the morning of 12.03.1993.

Reference to A-36

(i) A-36 participated in the training in Pakistan and after training returned to India via Dubai.

(ii) A-36 was involved in filling of RDX in the vehicles on the night of 11.03.1993.

Reference to A-39 A-39 also received weapons training in Pakistan.

Confessional Statement of Salim Rahim Shaikh (A-52) Confessional statement of A-52 under Section 15 of TADA has been recorded on 15.04.1993 and 18.04.1993 by Mr. P.D. Pawar (PW-185), the then DCP, Zone V, Bombay. He made the following assertions:- Reference to A-32

(i) On 11.02.1993, A-32 along with other co-accused persons left Bombay and reached Dubai.

(ii) On 12.02.1993, A-32 along with others stayed in a building opposite to the Hotel Al-Khaleez in Dubai where Tiger Memon met them.

(iii) On 13.02.1993, A-32 along with other co-accused attended the meeting in the same building in which Javed Chikna and Tiger Memon talked about the communal riots in Bombay and Gujarat.

(iv) On 14.02.1993, A-32 along with other co-accused left Dubai and reached Islamabad where they were taken to the training camp for training in firing arms, handling LMG rifles, throwing of hand grenades, use of RDX, detonators and timer pencils.

(v) On 11.03.1993, A-32 was seen at the residence of Tiger Memon assisting in loading of vehicles with RDX for causing bomb blasts.

(vi) On 12.03.1993, he along with other persons boarded the Maruti Car driven by him (A-32) in which 30 hand grenades were kept and they took it to the Mahim Slopeway, Koliwada where he along with others threw hand grenades at Fishermen’s Colony causing blasts.

Reference to A-39

(i) A-39 was present in the training camp in Pakistan where they were imparted training in use of arms and explosives.

(ii) On 11.03.1993, A-39 (referred to as ‘Akram’) was seen at the residence of Tiger Memon at the Al-Hussaini building along with other accused persons where vehicles were being loaded with RDX.

(iii) A-39 along with other conspirators boarded the Maruti Car to Mahim Slopeway, Koliwada and threw hand grenades. After that, he took over the bag of remaining hand grenades and the pistol given to him earlier and left the vehicle near Bandra Reclamation.

Confessional Statement of Shaikh Ali Shaikh Umar (A-57) Confessional statement of A-57 under Section 15 of TADA has been recorded on 19.04.1993 (12:00 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. He made the following assertions:- Reference to A-32

(i) A-32 took out rifles from the sack and cleaned them.

(ii) A-32 carried food for other co-conspirators at the Al-Hussaini building.

Reference to A-39

(i) A-39 was a member of the meeting addressed by Tiger Memon, where he was asked to take revenge against the killings of Muslims in Bombay and Surat.

(ii) He along with others were paid Rs.5,000/- by Tiger Memon in the said meeting.

Confessional Statement of Nasir Abdul Kadar Kewal @ Nasir Dhakla (A-64) Confessional statement of A-64 under Section 15 of TADA has been recorded on 22.01.1995 and 24.01.1995 by HC Singh (PW-474), the then Superintendent of Police, CBI/SPE/STF, New Delhi. A-64 made the following assertions:

Reference to A-32

(i) A-32 was present at Dubai when A-64 and others reached there.

(ii) A-32 attended conspiratorial meetings at Dubai.

(iii) A-32 received training in use of arms and explosives in Pakistan. Reference to A-39

(i) A-39 went to Pakistan by a PIA Flight and received training.

(ii) A-39 attended a conspiratorial meeting on 10.03.1993 at the residence of Mobina.

(iii) A-39, along with other co-accused, on being asked by Tiger Memon whether they were prepared, replied in the affirmative.

(iv) A-39 actively participated in preparation of vehicle bombs at the Al-

Hussaini Building on the night of 11.03.1993 by using RDX which had landed at Shekhadi.

Confessional Statement of Mohd. Rafiq Usman Shaikh (A-94) Confessional statement of A-94 under Section 15 of TADA has been recorded on 14.05.1993 (18:30) and 16.05.1993 by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. He made the following assertions:-

Reference to A-32 On 10.03.1993, A-32 accompanied with Niaz @ Aslam, Usman (PW-2) and Feroz (A-39) went to meet Tiger Memon in a white Maruti Car to a building behind Bhabha Hospital. In the said meeting, Tiger enquired as to who knows driving etc. In the said meeting, he also distributed Rs.5,000/- to each one of them.

Reference to A-36 A-36 received training in arms in Pakistan. Training was also given in handling of pistols, rifles, hand grenades, rocket launchers and preparation of RDX bombs.

Reference to A-39

(i) A-39 received training in arms in Pakistan. Training was also given in handling of pistols, rifles, hand grenades, rocket launchers and making of RDX bombs.

(ii) On 10.03.1993, A-39 along with Nasim @ Aslam, Usman, Rafiq and Zakir went to meet Tiger Memon in a white Maruti Car to a building behind Bhabha Hospital where Tiger enquired as to who knows driving etc. In the said meeting, Tiger also distributed Rs. 5,000/- to each one of them.

Confessional Statement of Niyaz Mohd. @ Aslam Iqbal Ahmed Shaikh (A-98) Confessional statement of A-98 under Section 15 of TADA has been recorded on 17.05.1993 (14:30 hrs.) and 20.05.1993 (11:30 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. He made the following assertions:-

Reference to A-32

(i) A-32 received training in handling of different types of arms and ammunitions, hand grenades and making of bombs by using RDX.

(ii) On 01.03.1993, after all others also reached Dubai, A-32, at the instance of Tiger Memon, took oath after placing his hands on holy Quran. He also heard about the speech given by Tiger regarding the riots in Bombay.

Reference to A-36

(i) A-36 received training in handling of different types of arms and ammunitions, hand grenades and making of bombs by using RDX.

(ii) On 01.03.1993, A-36 along with other conspirators, at the instance of Tiger Memon, took oath in Dubai after placing his hands on holy Quran. A-36 also heard about the speech given by Tiger regarding the riots in Bombay.

Reference to A-39

(i) On 08.02.1993, A-39 along with Niyaz proceeded to Dubai. At the airport, he was received by Ayub Memon and stayed with Tahir.

(ii) A-39 received training in handling of different types of arms and ammunitions, hand grenades and making of bombs by using RDX. During training, his assumed name was ‘Akram’.

(iii) On 01.03.1993, after all others also reached Dubai, A-39, at the instance of Tiger, took oath after placing his hands on Quran. He also heard about the speech given by Tiger regarding the riots in Bombay.

Confessional Statement of Mohd. Parvez Zulfikar Qureshi (A-100) Confessional statement of A-100 under Section 15 of TADA has been recorded on 15.04.1993 (23:30 hrs.) and 17.04.1993 (17:00 hrs.) by Sanjay Pandey (PW 492), the then DCP, Zone-VIII, Bombay. He made the following assertions:-

Reference to A-32

(i) A-32 participated in the training of fire arms and ammunitions in Pakistan along with his associates during February, 1993.

(ii) On 02.03.1993, A-32 came back to Dubai, where Tiger Memon gave 200 Dirhams to each one of them and administered oath on Quran to take revenge against Hindus for demolition of Babri Masjid and their tyranny perpetrated on them.

(iii) A-32 was present at the residence of Tiger Memon at Al-Hussaini building on the night of 11.03.1993 along with other co-accused.

Reference to A-39 A-39 participated in the training of fire arms and ammunitions at Islamabad, Pakistan along with his associates during Feb. 1993.

263) A perusal of the confessional statements of all the above accused viz., A-13, A-23, A-29, A-49, A-52, A-57, A-64, A-94, A-98 and A-100 clearly establish the fact that the appellants i.e., A-32, A-36 and A-39 were present at Al-Hussaini Building in the night intervening 11/12.03.1993 and actively participated in filling of RDX in the cavities of vehicles which were later planted at various targets in Bombay causing irreparable damage to life and property. It is also sufficiently established that they went to Pakistan via Dubai and received training in handling of arms and ammunitions at the hands of Tiger Memon and all of them also took oath on holy Quran to take revenge for the riots in Bombay and to keep the training in Pakistan a secret. It is also sufficiently proved that in pursuance of the said conspiracy, all the appellants herein threw hand grenades in Fishermen’s Colony at Mahim on 12.03.1993 causing death of 3 persons and injuring 6 others.

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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