Two More get Life Sentence in Mumbai blasts Case

Mumbai, July 17 (IANS) A special anti-terrorism court here Tuesday sentenced two of the accused in the 1993 Mumbai serial bombings to life imprisonment.

The TADA court passed the life sentence on Imtiyaz Gaute and Nasim Ashraf Barmare for criminal conspiracy and aiding and abetting the bombings.

Although Gaute was found guilty under section 120 (B) that calls for the death sentence, the prosecution recommended a lighter sentence since he suffers from HIV. Gaute was also fined Rs.239,500 while Barmare was fined Rs.230,000.

Judge Pramod Kode read out the sentences.

"He (Gaute) had, besides participating in the Shekhadi landings of RDX arms and ammunition prior to the March 12, 1993 serial Mumbai blasts, also planted an RDX-laden scooter at the busy Dhanji Street in central Mumbai, which by the grace of god did not explode," Kode said.

"The triggering pin of the explosive had got stuck in the RDX and did not explode. Had the explosion taken place it would have killed many within the vicinity, for which he is guilty of attempted murder under the India Penal Code (IPC), besides being held guilty of the Explosive Substances Act and Explosive Act.

"Considering that he is suffering from a life-threatening disease, he is not being awarded the death sentence," Kode said.

"In the case of Barmare, he was found guilty of throwing a hand grenade at the bay 54 of the Bombay international Airport where aircrafts were parked. Although the grenade exploded it did not cause any death or damage," Kode said.

"Barmare was also found guilty of participating in the filling up of RDX into vehicles at the Al Hussaini building prior to the bombing and has been sentenced to rigorous imprisonment for life for criminal conspiracy under section 120 (B) and two separate terms of 14 years' rigorous imprisonment for terror acts but not causing any death or damage to property," Kode said.

Earlier Gaute, who is HIV positive, pleaded with the court to lodge him at the Arthur Road jail, as he fears he may not get proper treatment for his terminal illness. The court said his plea would be considered.

So far the court has sentenced 78 of the 100 convicted for their role in the March 1993 serial bombings that killed 257 people.

Twenty-two convicts, including Bollywood actor Sanjay Dutt - the most high profile of the accused, are still to be sentenced.

Earlier, a convicted former customs official, Somnath Thapa, who is already suffering from cancer and was to be sentenced, failed to appear before the court stating that he was suffering from viral fever.

Special public prosecutor Ujjal Nikam demanded that a non-bailable warrant be issued to Thapa and his sentence be passed in absentia. Kode, however, instructed Thapa's lawyers to ensure that their client is present in court Wednesday.

"I cannot further delay the sentencing. Ensure that Thapa is present in court Wednesday. Bring all the medical certificates also," Kode said.

Special TADA judge defers sentencing of Mumbai blast accused

Mumbai, June 19 (IANS) A special TADA judge Tuesday deferred the sentencing of 16 people accused in the 1993 Mumbai serial bombings till June 21 after they challenged the validity of the anti-terror court.

The 16 accused, in an application before the special Terrorist and Disruptive (Prevention) Activities (TADA) court, cited a Supreme Court judgement last month that said that all cases under the TADA Act should be referred to the apex court.

Special TADA judge P.D. Kode then deferred the sentencing of the accused till June 21 and asked the prosecution to file a reply on their application by that day.

Later, citing a judgement of the apex court, defence counsel Farhana Shah said Justice Markandey Katju had stated that punishing TADA accused after the expiry of the act could amount to violation of Article 14 of the Indian Constitution, that related to equality before law.

"If no such move is taken, then as an alternative the proceedings should be stayed," Shah told the court.

"Section 1(4) of the TADA states that the act would remain operational till May 24, 1995, and from the next day its provisions were not applicable."

Opposing the application filed by the accused, special public prosecutor Ujjal Nikam said that the statements made by the Supreme Court judge were merely expressions of the court and were not binding on the lower court.

Bollywood actor Sanjay Dutt and three others convicted under the Arms Act as well as the four family members of prime absconding accused Tiger Memon are among those who didn't file the application.

Meanwhile, Dutt attired in a beige shirt and trademark blue jeans was present in the court Tuesday and sat along with three other convicts waiting to know about his fate.

Dutt faces a maximum of 10 years in prison for illegal possession of weapons that were part of the March 12, 1993 bombings, which were delivered to him by co-accused Abu Salem and others.

The 47-year-old actor, who is presently on bail, was found guilty under the Arms Act but has been cleared of the more charges of conspiracy in the serial bombings under the stringent TADA.

The TADA court has so far sentenced 76 out of 100 people convicted for their role in the serial blasts that claimed 257 lives.

Mumbai blasts: 16 accused dispute court's validity

Mumbai, June 19 (IANS) Sixteen people accused in the 1993 Mumbai serial bombings Tuesday challenged the validity of the special anti-terror court that tried them.

In an application before the special TADA court, the group cited a Supreme Court judgment last month saying that all cases under the Terrorist and Disruptive (Prevention) Activities Act should be referred to the apex court.

Judge P.D. Kode then deferred the sentencing of the 16 accused till June 21 and asked the prosecution to file a reply on their application by that day.