93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 025

Confessional Statements of co-accused:

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

314) 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 the above said confessional statement, the following references have been made to the appellants (A-10 and A-29):

(i) On 11.02.1993, A-10 went to the Sahar Airport with Zakir Hussain, Saleem Dandekar, Parvez at the instance of Javed Chikna and handed over to them their passports and tickets for Dubai.

(ii) A-29 went to Pakistan by a PIA flight for the purpose of training.

(iii) A-29 attended conspiratorial meeting on 10.03.1993 at the residence of Mobina (A-96).

(iv) A-29 actively participated in the preparation of vehicle bombs in the Al-Hussaini building compound in the intervening night between 11/12.03.1993 by using RDX which had landed at Shekhadi.

Confessional Statement of Mohammed Rafiq @ Rafiq Madi Musa Biyariwala (A-

46) Confessional statement of A-46 under Section 15 of TADA has been recorded on 21.04.1993 (19:00 hrs) and 24.04.1993 (21:25 hrs) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. In the abovesaid confessional statement, the following references have been made to the appellants:

(i) A-10 worked in the office of Tiger Memon.

(ii) On 12th February, 1993, A-10 accompanied Tiger Memon and other co-

accused and went to the airport wherefrom Tiger and other co-accused left for Dubai.

(iii) On 18th February, A-10 along with A-46 picked up Irfan Chougule and other co-accused persons and dropped them at the Airport after handing over to them their passports and tickets to Dubai.

(iv) On 17th February, 1993, A-29 was dropped by the said accused and Anwar along with other accused persons for their departure to Dubai.

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. In the abovesaid confessional statement, the following references have been made to the appellants:

i) A-10 worked in the office of Tiger Memon.

ii) A-10 drove the explosives laden red Maruti Van along with A-29 from the Al-Hussaini Building on 12.03.1993.

iii) A-29 was present when Anwar Theba (AA) kept two RDX laden suitcases in the dickey of a red coloured Maruti Van and he (A-29) along with A-57 kept two packets of ‘Kala Sabun’ in the dickey of the said Van. He further stated that the said van was taken by A- 10 and A-29 accompanied by A-57 himself.

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 Shri HC Singh (PW-474), the then Superintendent of Police, CBI/SPE/STF, New Delhi. In the abovesaid confessional statement, the following references have been made to the appellants:

i) A-10 was present at the Al-Hussaini Building compound in the intervening night between 11th/12th March, 1993 when RDX was being filled in vehicles.

ii) A-29 participated in the first as well as second landing at Shekhadi.

iii) A-29 was present in Dubai when A-64 and others went there and attended conspiratorial meetings in Dubai.

iv) A-29 went to Pakistan by a PIA flight for training.

v) A-29 attended conspiratorial meeting on 10.03.1993 at the residence of Mobina.

vi) A-29 actively participated in preparation of vehicle bombs at the Al-Hussaini Building compound in the intervening night between 11/12.03.1993 by using RDX which had landed at Shekhadi.

Confessional Statement of Parvez Mohammed Parvez Zulfikar Qureshi (A-100) Confessional statement of A-100 under Section 15 of TADA has been recorded on 15.04.1993 (22:30 hrs.) and 17.04.1993 (17:00 hrs.), by Sanjay Pandey (PW-492), the then DCP, Zone-VIII, Bombay. In the above said confessional statement, the following references have been made to the appellants:

i) A-29 participated in the training of fire arms and ammunitions at Islamabad, Pakistan along with his associates during February, 1993.

ii) A-29 was present at the residence of Tiger Memon in the intervening night between 11/12.03.1993 along with other co- accused.

Confessional Statement of Mohammed Shoaib Mohammed Kasam Ghansar (A-9) Confessional statement of A-9 under Section 15 of TADA has been recorded on 19.04.1993 (13:10 hrs.) and 22.04.1993 (00:30 hrs.) by Shri Prem Krishna Jain (PW-189), the then DCP, Zone X, Bombay. In the above said confessional statement, the following references have been made to the appellant (A-10):

(i) A-9 and A-10 are both from the same village, i.e. Karda in District Ratnagiri.

(ii) A-9’s elder sister is married to A-10’s elder brother, Anwar.

(iii) A-10 told him that he works for Tiger and does the business of Hawala and smuggling of gold and silver.

(iv) A-9 obtained the boarding pass used by Tiger on 11.03.1993 at the request of A-10.

(v) A-10 was at the Airport to see off Tiger Memon before the blasts and he arranged for his boarding pass.

(vi) A-10 and A-9 came back to the Al-Hussaini building after dropping Tiger on 11.03.1993. At that time, co-accused persons were filling chemicals in the vehicles as told to him (A-9) by A-

10.

(vii) A-10 was driving the Maruti Van on 12.03.1993 and he dropped the co-accused sitting in the Van at a taxi stand to go to Hotel Sea- Rock, Bandra and Centaur Hotel near Airport.

(viii) A-10 gave a scooter to A-9 for parking the same at Zaveri Bazaar intersection.

ix) A-9 met A-10 on 13.03.1993 after the blasts.

Confessional Statement of Parvez Nazir Ahmed Shaikh (A-12) Confessional statement of A-12 under Section 15 of TADA has been recorded on 18.04.1993 (14:00 hrs.) and 21.04.1993 (06:50 hrs.) by Prem Krishna Jain (PW-189), the then DCP, Zone X, Bombay. In the above said confessional statement, the following references have been made with regard to A-10:

i) A-10 was working in the office of Tiger Memon.

ii) A-12 was also working in Tiger’s office along with A-10 and other associates to help him in Hawala transactions as well as in the landing of smuggled silver.

iii) On 15th/16th February, 1993, A-10 along with A-12 went to the residence of Tiger where they along with others were paid Rs.10,000/- by Shafi.

iv) On 11th March, 1993, at noon, A-10 and A-12 were given two small suitcases, two hand bags and one big suitcase by Tiger Memon which were taken by them to room No.17 of Musafirkhana in which one bag was containing AK-56 rifles while the other was containing hand grenades.

v) On the night of 11th March, A-10 was assisting Gani and others in the filling of black soap into the secret cavities of the vehicles.

vi) At the time of leaving for home, A-10 along with A-12 and A-9 were given 5 plastic bags in which the chemicals were kept which were thrown by them into the wastage van of BMC.

vii) A-10 along with A-12 and A-9 carried three suitcases in a van to the residence of Anwar. From there, Anwar and A-44 joined them. Anwar inserted three timer pencils in each of the said suitcases.

viii) After the blast, on 13.03.1993, A-10 met A-12 and A-9 and received the keys of the scooter which was planted by A-12 at Katha Bazaar.

Confessional Statement of Imtiaz Yunusmiyan Ghavate (A-15) Confessional statement of A-15 under Section 15 of TADA has been recorded on 07.05.1993 (12:30 hrs.) and 09.05.1993 (13:30 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. In the above said confessional statement, the following references have been made with regard to A-10:

i) While working for Tiger, A-15 delivered money to various people on the instructions of A-10.

ii) A-10 was managing the delivery of Hawala money in India.

iii) Tiger with A-10 and other co-accused persons was also involved in selling smuggled silver.

iv) A-10 was seated in the Maruti Van No. MFC 1972 in the morning of 12.03.1993 along with A-15.

Confessional Statement of Sharif Abdul Gafoor Parkar @ Dadabhai (A-17) Confessional statement of A-17 under Section 15 of TADA has been recorded on 18.04.1993 (00:15 hrs.) and 20.04.1993 (02:50 hrs.) by Prem Krishna Jain (PW-189), the then DCP, Zone X, Bombay. In the above said confessional statement, a reference has been made to A-10 that he gave Rs. 5 lakhs to A-17 for the landing work.

Confessional Statement of Mohd. Mushtaq Musa Tarani (A-44) Confessional statement of A-44 under Section 15 of TADA has been recorded on 26.05.1993 (16:55 hrs.) and 22.05.1993 (10:00 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. In the abovesaid confessional statement, the following references have been made with regard to A-10:

i) On 12.03.1993, A-10 was driving a maroon coloured car which was carrying A-44 and other accused involved in planting bombs.

ii) A-44 again met A-10 around noon on 12.03.1993 at Tiger’s house.

Confessional Statement of Baya Musa Bhiwandiwala @ Mobina (A-96) Confessional statement of A-96 under Section 15 of TADA has been recorded on 30.04.1993 (18:00 hrs.) and 02.05.1993 (18:00 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. In the above said confessional statement, the following references have been made to A- 10:

i) A-10 worked for Tiger.

ii) A-10 took the tickets for Tiger to Dubai from Mobina’s residence on 11.03.1993.

Confessional Statement of Mulchand Sampatraj Shah @ Choksi (A-97) Confessional statement of A-97 has been recorded on 14.05.1993 (20:55 hrs.) and 18.05.1993 (16:15 hrs.) by Vinod Balwant Lokhande (PW-183), the then DCP, Airport Zone. In the abovesaid confessional statement, the following references have been made to A-10:

i) A-10 @ Munna opened Tiger Memon’s Hathi account with A-97.

ii) A-10 (Munna) had been routinely operating Tiger Memon’s Hathi Account with A-97.

iii) All dealings with A-10 were done on the instructions of Tiger Memon.

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 the above said confessional statement, the following references have been made to A-29:

i) On 08.02.1993, A-16 along with others (including A-29) went to the spot of landing and assisted Tiger in landing of smuggled items containing 84 bags and in their transport to Bombay.

ii) A-29 attended the training of dismantling and handling of fire arms and bombs including chemical bombs as well as hand grenades in Pakistan and, thereafter, went to Dubai along with others.

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. In the above said confessional statement, a reference has been made to A-29 that he was present at Tiger’s house on the day of the blast.

Confessional Statement of Munna @ Mohammed Ali Khan @ Manojkumar Bhanwar Lal Gupta (A-24) Confessional statement of A-24 has been recorded on 30.04.1993 (16:15 hrs.) and 09.05.1993 (19:00 hrs.) by Sanjay Pandey (PW-492), the then DCP, Zone III, Bombay. In the above said confessional statement, a reference has been made to A-29. It was disclosed that A-29 actively participated in the landing and transportation of smuggled goods from Shekhadi coast to Waghani Tower where the packets containing arms and ammunitions and explosives were opened under the supervision of Tiger Memon.

Confessional Statement of Abdul Khan @ 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 Bishnoi (PW-193), the then DCP, Zone III, Bombay. In the above said confessional statement, the following references have been made to A-29:

 i) A-36 knew A-29 for many years.

 ii) A-29 took A-36 to Dubai for training.

iii) Tiger told A-29 in Dubai that his ticket to Bombay was ready and that he should leave.

iv) A-29 loaded RDX in the vehicles on 11.03.1993.

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 the above said confessional statement, A-39 refers to A-29 that he received training in Pakistan. Confessional Statement of Nasim Ashraf Shaikh Ali Barmare (A-49) Confessional statement of A-49 under Section 15 of TADA has been recorded on 16.05.1993 (9:30 hrs) and 18.05.1993 by Shri Krishna Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. In the above said confessional statement, the following references have been made to A-29:

i) A-29 joined Nasim Barmare in Pakistan and received training in arms and ammunitions.

ii) In Dubai, they all were given inflammatory speech by Tiger Memon to take revenge against the atrocities upon the Muslims.

(iii) A-29 left Dubai along with other co-accused.

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. In the above said confessional statement, the following references have been made to A-29:

i) A-29 was one of the nine persons who underwent training in Pakistan. They were given training in use of hand-grenades, RDX and detonators.

ii) On 06.03.1993, after coming to Bombay, all the persons (including A-

29) underwent training in Pakistan and met at the residence of Tiger Memon in Bandra to discuss about the bomb blasts.

iii) Tiger gave Rs. 5,000/- to each person in another meeting at his flat next day where the persons who had gone for training were also present.

iv) On the night of 11.03.1993, A-52 saw several persons at Tiger’s flat at the Al-Hussaini building including A-29.

Confessional Statement of Gul Mohd. @ Gullu Noor Mohd. Shaikh (A-77) Confessional statement of A-77 under Section 15 of TADA has been recorded on 17.04.1993 (14:10 hrs.) and 19.04.1993 (18:00 hrs.) by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. In the abovesaid confessional statement, the following references have been made to A-29:

i) A-77 met A-29 in a Hotel room in Dubai.

ii) A-29 came to Pakistan with them for training.

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 hrs.) and 16.05.1993 by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. In the above said confessional statement, the following references have been made to A-29:

i) A-29 was in Dubai with other co-accused.

ii) Tiger gave tickets to A-29 to fly to Bombay from Dubai.

Confessional Statement of Niyaz Mohd. @ Aslam Iqbal Ahmed Shaikh A-98 Confessional statement 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. In the above said confessional statement, the following references have been made to A-29:

i) A-29 joined him for training in Pakistan.

ii) On 01.03.1993, after others also reached Dubai, the co-accused (A-

29), who had taken training in Pakistan at the instance of Tiger, took oath after placing his hands on holy Quran. He also heard about the speech given by Tiger regarding the riots in Bombay.

315) A perusal of all the aforesaid confessional statements substantiate the fact that the appellants, viz., A-10 and A-29 were fully aware of the conspiracy and willfully participated in performing the conspiratorial acts. Further, the confessions of co-accused, viz., A-32, A-46, A-57, A-

64, A-100, A-9, A-12, A-15, A-17, A-44, A-96, A-97, A-16, A-23, A-24, A-36, A-39, A-49, A-52, A-77, A-94 and A-98 corroborate the confessional statements of the appellants (A-10 and A-29) in material particulars.

316) It is also clear that the confessions made by the appellants as well as by co-accused 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:

317) Ms. Farhana Shah, learned counsel for the appellants contended that the confessional statements of the appellants and the confessional statements of the co-accused persons relied upon by the prosecution against them were retracted subsequently, and therefore, it is not safe to base conviction on the said confessional statements under Section 15 of TADA. In reply to the above contention, learned senior counsel for the CBI submitted that where the original confession was truthful and voluntary and has been recorded after strictly following the prescribed procedure, the subsequent retraction and denial of such confession under Section 313 statement by the accused is nothing but is a result of an afterthought. Since the very same objection had already been considered in the earlier part of our judgment, we are not inclined to repeat the same once again. The said conclusion is applicable to these appeals also.

Deposition of Prosecution Witnesses:

Evidence of Mohammed Usman Jan Khan (PW-2) (Approver)

318) PW-2, in his deposition, implicates the appellants and withstood the lengthy cross examination. He deposed as follows:

i) PW-2 identified A-10 and A-29.

ii) The appellants (A-10 and A-29) worked with him in the conspiracy which led to the blasts in Bombay and they were involved in planning, conspiracy, training, landing as well as in blasting of bombs.

iii) A-29 participated in the landing of arms and ammunitions at Shekhadi.

iv) On 11.02.1993, when he went to meet Tiger Memon at Al-Hussaini building, A-10 took him to the Tiger’s flat at 5th floor.

v) A-29 participated in the training in Pakistan.

vi) When he (PW-2) returned after surveying the Chembur Refinery on 11.03.1993, he noticed several boys with Tiger Memon including the appellants at that time.

The said witness duly corroborates the confessions of the co-accused and the confessions of the appellants themselves. In the present case, the deposition of PW-2 has also been corroborated in material particulars. It has been contended by the counsel for the appellants that there are contradictions in the statement of PW-2 in respect of the presence of A-10 as to whether he was standing downstairs or in the hall of the 5th floor. On a perusal of the entire evidence of PW-2, it can be inferred that when PW-2 came to the Al-Hussaini building, Tiger Memon was in the flat which was on the fifth floor along with various accused including the appellants. Thereafter, PW-2 described about a meeting where Tiger explained the modalities of the blasts and he came down using the stairs when A-10 was standing downstairs.

319) It is further contended by the counsel for the appellants that there are certain contradictions regarding the air tickets given to A-10 and regarding introducing A-32 to A-10 at Hotel Midland with respect to Exhibit

25. It is relevant to mention that Exhibit 25 was not the document which was pressed into service by the prosecution. PW-2 proposed to make full and true disclosure of all the facts and on the said promise he was granted pardon. Both the statement and the deposition were made under different statutes under the law and are not comparable with each other. The approver has withstood the rigorous cross examination and the prosecution has also corroborated the deposition of the approver by adequate evidence which further affords credibility to his deposition Evidence of Sanjay Salunke (PW-3) and Sanjay Mangesh Salaskar (PW-4) PWs-3 and 4, who were the Security Guards on duty at Plaza Cinema at the relevant time have also witnessed the incident and have deposed as follows:

i) On 12.03.1993, at about 2.15 p.m., one Red coloured Maruti Van had been inside Plaza Cinema Theatre compound from the main gate and was parked in scooter parking area.

ii) There was an altercation between PW-4 and the driver of the said van regarding parking of the van in the scooter parking area.

iii) Seeing this, PW-3, alongwith two other security guards, approached towards them and explained the correct parking area for the same. Thereafter, the persons in the Maruti Van parked it in the car parking area.

iv) After about 45 minutes to 1 hour, there was a big explosion in the car parking area. The whole area was shaken and PW-3 noticed that the said red coloured Maruti Van parked there was totally damaged. The other motor vehicles in the said area also caught fire and several persons were injured and a situation of panic emerged among the persons who had come to the theater.

v) Other Security Guards, viz., Mr. Singh and Mr. Manchekar were also injured and, subsequently, Mr. Singh died due to the injuries suffered by him in the incident.

vi) PW-3 had taken his colleague Security Guard PW-4, who suffered a back injury and two three more injured persons to Sion Hospital and the said persons were admitted in the hospital after examination.

vii) On the way to Sion Hospital, PW-4 told PW-3 that the persons with whom they had altercation and who had come in a red coloured Maruti Van were responsible for the said incident as some thing had gone wrong in the said red coloured Maruti Van.

viii) PW-3 and PW-4 identified A-10 in the court as the driver of the said red coloured Maruti van.

ix) PW-3 and PW-4 identified A-29 as the person who was sitting by the side of the driver i.e., A-10.

320) Ms. Farhana Shah, learned counsel for the appellants contended that PW-3 was an employee of one Hindustan Security Force and not of Plaza Cinema as stated by him in his deposition. Further, it was contended on behalf of the appellants that the said witness had not specifically described/stated about the height of A-10 and thus it is a material omission. It was also contended that his ‘general’ description of the kurta- pyjama worn by the accused at the time of the said incident and not explaining the details thereof is also a material omission. Thus, it was argued that in view thereof, the identification of A-10 by PW-3 is doubtful.

321) PW-3 was an employee of Hindustan Security Force which was engaged for providing security guards to Plaza Cinema and he was ‘deputed’ and was on ‘duty’ as a Security Guard at Plaza Cinema. Further, he has never stated in his deposition that he was an ‘employee of Plaza Cinema’. A-10 has been correctly identified by PW-3 in the court at the time of his deposition and also in the test identification parades dated 21.03.1993 and 25.04.1993, conducted by SEM, PW-462 and in parade dated 14.05.1993 conducted by SEM PW-

469. Thus, the identification has been duly established by the eye witnesses.

322) Further, the depositions of PWs-3 and 4 sufficiently prove the incident and involvement of the appellants. The said depositions also provide corroboration with the above said confessional statements of A-10 and A-29 that they parked the Maruti van laden with explosives in Plaza Cinema compound which caused the said explosions causing death of 10 persons and injuries to 36 people.

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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