93 Bomb Blast Case: Yakub Memon Death Sentence Appeal Supreme Court Judgement: Part 032

Confessional Statement of co-accused:

365) A perusal of the above confession of the appellant (A-11) shows that he was playing a key role in furtherance of the abovesaid conspiracy. The other accused, in their confessions under Section 15 of TADA, have also discussed the role played by the appellant (A-11) in the conspiracy. 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 and 22.04.1993 by Prem Krishna Jain (PW 189), the then DCP, Zone X, Bombay. In the abovesaid confessional statement, the reference to the appellant (A-11) is as follows:

“We, thereafter, came at Al- Hussaini Building of Tiger by red coloured Maruti van. He took the car inside after dropping me at the gate and took me inside after ten minutes and offered me a chair to sit. At that time Gani, Parvez, Shafi, Anvar were present there and 5/6 more persons were working in garage.” (emphasis supplied) Confessional statement of Asgar Yusuf Mukadam (A-10) Confessional statement of A-10 under Section 15 of TADA has been recorded on 23.04.1994 (18:00 hrs), by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. In his confessional statement, the reference to the appellant (A-11) is as follows:

(i) His confession establishes that the appellant (A-11) was a close associate of Tiger Memon and used to assist him in hawala transactions by accepting delivery and receipt of funds. He also used to assist Tiger in the landing of smuggled items and their transportation to various places.

(ii) A-11, alongwith other co-accused, assisted the accused (A-10) in collecting Rs. 1 crore from Choksi (A-97) for Yakub Abdul Razak Memon. (A-1)

(iii) Following the departure of Tiger, he was seen present alongwith other co-accused, viz., Javed Chikna (A-12), Shafi, Parvez, Bashir, Usman etc. at Tiger’s residence where various vehicles loaded with RDX were parked which were used for causing bomb blast.

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. The references made by him with regard to the appellant (A-11) are as follows:

(i) A-11 introduced A-12 to Tiger Memon.

(ii) A-11 worked in the Tiger’s office at Dongri and introduced A-12 to Tiger for employment in his office.

(iii) A-11 used to attend Hawala transactions of Tiger alongwith other associates and also used to help him in his landing operations at Shekhadi Coast.

(iv) A-11 went to Shekhadi Coast alongwith other associates to help Tiger in the landing of arms and ammunitions and explosives, which was delayed and effected on 03.02.1993, and transported the said material to the Tower and then to Bombay with the help of the vehicles containing secret cavities for the said purpose.

(v) A-11 also assisted Tiger alongwith other associates in landing at Shekhadi in the second week of Febuary, 1993 and transportation of the consignments to the Tower and thereafter to Bombay.

(vi) A-11 was present in the Al Hussaini building even after the departure of Tiger Memon.

(vii) On the night of 11.03.1993, A-11 filled the chemical into the vehicles parked in the garage at the Al-Hussaini Building.

366) It has been contended by learned counsel for the appellant that from the confession of A-12, it can be inferred that the appellant (A-11) was working as a driver of Tiger Memon. In view of the fact that A-12 has given details about the presence and involvement of the appellant (A-11) in the conspiracy and also about his participation in the act of loading chemicals into the vehicles, it cannot be denied that he was not an integral part of the conspiracy. The fact that A-11 was working in close association with Tiger Memon and was entrusted with the task of driving the jeep shows the trust reposed in him by Tiger Memon. It is just because of the said trust, the position of responsibility commanded by the appellant in the conspiratorial design followed. He played an important and significant role. It cannot be said that A-12 has not given details of any overt act done by A-11. A-12 has, in fact, given significant details about the involvement of A-11 in the landings that took place and in the movement of vehicles in which cavities were made. A-11 was present in the Al Hussaini building even after the departure of Tiger Memon in the early hours of 12.03.1993. This fact establishes that there was no coercion and threat and the appellant (A-11) was working in pursuance of the object of the conspiracy out of his own free will and volition. Confessional statement of Bashir Ahmed Usman Gani Khairulla (A-13) Confessional statement of A-13 under Section 15 of TADA has been recorded on 16.05.1993 and 18.05.1993, by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The reference to the appellant (A-11) in the said confession has emerged as under:-

(i) A-11 participated in the firing practice at Sandheri.

(ii) He was asked by Tiger to take out one gun along with its rounds and hand-grenades for training purpose at Sandheri. Confessional statement of Imtiaz Yunus Miya 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 his confessional statement, the following facts have emerged:

(i) A-11 was a close associate of Tiger Memon and worked in his office.

(ii) A-11 had gone to receive Tiger Memon at the Airport on the night of 23rd/ 24th January 1993 and then took him to his residence.

(iii) He participated in the landing and transportation of smuggled arms and ammunitions at Shekhadi.

(iv) He transported the arms and explosives from Waghani Tower to Bombay in a Jeep.

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 and 20.04.1993, by Prem Krishna Jain (PW 189), the then DCP, Zone X, Bombay. He referred to the role of A-11 as follows:-

(i) On 07.02.1993, the appellant (A-11), along with other co-accused (A-

18 and A-28), visited the residence of co-accused A-14, and paid Rs. 1 lakh to him. He also brought gunny bags in a Tempo.

(ii) A-17 stated that they were given a total of Rs. 15 lakhs which included Rs. 1 lakh which was given through the appellant (A-11). This money was distributed amongst the various Custom officers, Police officers, Trawlervala, labourers and some money was also spent for the truck and other miscellaneous expenses.

(iii) The appellant (A-11) brought other co-accused in a Jeep. From the Jeep, handgrenades and rifles were taken out for firing at Varad Ghat beyond Mahad.

(iv) The appellant (A-11) was present along with A-17 at the foot-hill when co-accused were doing the firing practice.

Confessional statement of Suleman Mohd. Kasam Ghavate (A-18) Confessional statement of A-18 under Section 15 of TADA has been recorded on 18.04.1993 (13:00 hrs) and 01.05.1993 (20:30 hrs), by Sanjay Pandey (PW-492), the then DCP, Zone-VIII, Bombay. The following facts have emerged from the confessional statement of A-18:-

(i) On 05.02.1993, the appellant (A-11) accompanied A-18 and A-28 and went to Mhasla in a Tempo bearing No. MMP- 4799 and on 06.02.1993 he met Dawood Taklya (A-14) and Dadabhai (A-17) at Mhasla. He helped in loading 59 to 63 packets in the tempo. He also associated with transporting of those bags.

(ii) At the instance of Tiger Memon, A-11 along with A-18 returned to Mhasla from Panvel. They again went to Bombay along with the son of Dawood Taklya (A-14).

(iii) On 08.02.1993 or 09.02.1993, he met A-18 at Mahad when he was with Tiger and others.

(iv) He was also present at Mhasla Tower alongwith 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. The following facts have emerged from his confessional statement:

(i) The appellant (A-11) has been referred to as ‘a man of Tiger’.

(ii) The appellant (A-11) took A-23 and others to the hills where he (A-

11) took out the arms and ammunitions (a gun, two hand grenades, and a bag of bullets of the gun) and Tiger imparted training in throwing hand grenades and firing with AK-56 rifle.

Confessional statement of Manoj Kumar Bhanwar Lal Gupta (A-24)

Confessional statement of A-24 under Section 15 of TADA 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-VIII, Bombay. The following facts have emerged in his confessional statement:-

(i) A-11 participated in the first landing at Shekhadi.

(ii) At Shekhadi, the packets were opened and reloaded in the truck. There were AK- 56 rifles, hand-grenades, pistols, cartridges in the packets.

(iii) A-24 also participated in the second landing at Shekhadi along with other people (he has not named the people present in the second landing).

Confessional statement of Syed Abdul Rehman Kamruddin Syed (A-28) Confessional statement of A-28 under Section 15 of TADA has been recorded on 23.04.1993 (17:00 hrs) and 01.05.1993 (23:30 hrs) by Sanjay Pandey (PW-492), the then DCP, Zone-VIII, Bombay. The following facts emerge from his confessional statement:-

(i) A-28 knew Tiger, Anwar, Rafique Madi, Haji Yakub and Gani (A-11).

(ii) On 05.02.1993, the appellant (A-11), along with A-18 and A-28, proceeded in a vehicle from Mahim to Mhasala.

(iii) At Mhasala, he met A-14 and A-17, who got 55-60 gunny bags loaded in their tempo.

(iv) Tiger sent A-11 and A-28 to Persian Darbar.

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. The statement of A-29 further corroborates the fact that A-11 participated in the landing that took place at Shekhadi. From the statement, it is further established that Gani (A-11) had driven the jeep which was carrying the smuggled goods.

Confessional statement of Mohd. Rafique Musa Miariwala @ Rafiq Madi (A-46)

Confessional statement of A-46 under Section 15 of TADA has been recorded on 21.04.1993 (19:00 hrs) and 23.04.1993 (21:25 hrs), by Shri Krishan Lal Bishnoi (PW-193), the then DCP, Zone III, Bombay. The following references have been made in the said confession regarding the appellant:

(i) A-11 worked in the office of Tiger Memon.

(ii) A-11 was one of the staff members of Tiger Memon attending his Dongri office for assistance in his business activities including his landing operations of smuggled goods.

(iii) A-11, along with A-46 and other associates, assisted Tiger Memon in the landing at Shekhadi which took place on 03.02.1993 after the delay of 2-3 days and then arranged for transport along with A-17 and others for its services at the Tower.

(iv) A-11 reached the Tower in a Commander Jeep and exchanged his vehicle with A-46.

Confessional statement of Sahikh 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. The reference to the appellant in the said confession is as follows:-

(i) In the first week of February, when Javed Chikna (AA) took A-57 and A-

77 to the house of Tiger Memon, A-11 was present there along with other co-accused.

(ii) A-11 was seen on 10.03.1993 after a meeting took place in a flat at Bandra.

(iii) A-11 was present in the flat of Tiger Memon at the Al Hussaini building on the night of 11.03.1993 and then in the garage where the filling was being done.

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. The references to the appellant (A-11) in the said confession are as follows:

(i) In the last week of January, when A-64 went to meet Tiger Memon, A-11 was present there along with other co-accused.

(ii) He observed that A-11, Javed Chikna, Shafi, Anwar Theba and Rafiq Madi used to visit the residence of Tiger Memon.

(iii) The appellant was seen driving a blue coloured Maruti car in which Tiger Memon had gone to Hotel Persian Darbar to meet the other conspirators.

(iv) While going to Shekhadi, on the way, the accused stopped at a place, where A-11 brought a black coloured bag which contained five AK-47/AK- 56 rifles, revolver, magazines and cartridges.

(v) The appellant participated in the first landing at Shekhadi.

(vi) A-11 also participated in the second landing at Shekhadi.

(vii) He was present at the Al-Hussaini Building compound during the preparation of vehicle bombs by using RDX in the night of 11/12.03.1993 which had landed at Shekhadi.

Confessional statement of Gulam Hafiz s/o Suleman Shaikh @ Baba (A-73) Confessional statement of A-73 under Section 15 of TADA has been recorded on 15.05.1993 (22:05 hrs) and 17.05.1993 (01:45 hrs) by Vinod Balwant Lokhande, the then DCP, Airport Zone, Bombay. The references to the appellant in the said confession are to be found as under:

(i) The appellant (A-11) was present at Mhasla Tower along with Tiger and others in a Jeep. They had also brought a truck which was loaded with goods which contained bombs, rifles and cartridges.

(ii) He was present while unloading contraband from a truck into a tempo and jeep at Mhasla Tower.

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 Shri Sanjay Pandey (PW 492), the then DCP, Zone-VIII, Bombay. The references to the appellant in the said confession are as follows:

(i) He was present at the residence of Tiger Memon in the night of 11/12.03.1993 along with other co-accused.

(ii) The appellant was loading ‘goods’ in the Jeep. Thus, it is very well established that the appellant was aware of the consequences of his action and played an important role in the conspiracy.

367) From the confessional statements of the above co-accused, the following facts are established:

(i) The appellant was a very close associate and trusted confidant of Tiger Memon.

(ii) The appellant worked in the office of Tiger Memon and was entrusted with the tasks which could only be assigned to trusted and responsible persons.

(iii) The appellant played an active role in the hawala transactions of Tiger Memon.

(iv) The appellant used to collect money from Choksi (A-97) of Zaveri Bazaar.

(v) The appellant collected Rs. 1 lakh from Choksi (A-97) for Yakub Memon (A-1).

(vi) The appellant was involved in the episode of landing of arms and ammunitions and explosives at Shekhadi Coast.

(vii) The appellant was present at Waghani Tower where the said articles were shifted in a tempo and jeep.

(viii) The appellant participated in the landing which took place at Mhsala and was also entrusted with the duty of transportation of the smuggled goods.

(ix) The appellant was present in the garage of the Al-Hussaini Building in the intervening night between 11/12.03.1993.

(x) The appellant was actively involved in the work of filling of chemical in the vehicles for their use as bombs.

(xi) On 23/24.01.1993, the appellant had gone to the Airport to receive Tiger Memon.

(xii) The appellant attended conspiratorial meetings.

(xiii) The appellant was a participant in the training programme conducted at Sandheri by Tiger Memon.

(xiv) The appellant was present in the Al-Hussaini building even after the departure of Tiger Memon.

(xv) The appellant was one of the most active member of the conspiracy and was a part of it from the stage of inception to the final stage of execution of the terrorist activities.

(xvi) The appellant participated in the conspiracy from planning to execution at various stages.

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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