Mohmed Amin @ Amin C.R.M.Shaikh & Anr vs C.B.I Tr.Its Director

2. Background facts

(i) On 3.8.1992, Hansraj Trivedi, an alleged supplier of illicit liquor and eight others were gunned down at Radhika Gymkhana Club, Ahmedabad. Although the Police registered Criminal Case No.254 of 1992 in connection with that incident but effective steps were not taken to arrest Abdul Latif and his gang members, who were perceived as the culprits. There was public outcry against the police inaction. This compelled the concerned officers to intensify their 3 efforts to arrest the accused. In the wake of this development, Abdul Latif and members of his gang planned surreptitious surrender of some unimportant members of their party so that real culprits could go scot-free. For this purpose, he sought help of a local politician Shri Hassankhan Shamsherkhan Pathan @ Hassanlala. The latter appears to have made efforts to facilitate surrender of some members of Abdul Latif gang but he could not succeed apparently because Abdul Rauf Mohmed Bhai @ Rauf Valiullah (former member of Rajya Sabha and General Secretary of Gujarat Pradesh Congress (I) Committee) who came to know of this plan stoutly opposed the same and is said to have prepared a memorandum, which was to be submitted to the Central Government to expose criminal-political nexus in the State. In order to prevent him from doing so, Abdul Latif and gang decided to eliminate Rauf Valiullah and to create terror among the people so that no one could come forward to oppose the plan of surreptitious surrender. The task of finishing Rauf Valiullah was entrusted to Rasoolkhan Yakubkhan Pathan @ Rasool Party and his gang. Some members of Rasool Party followed Rauf Valiullah from 6.10.1992 to 8.10.1992 but they could not target him. On 9.10.1992, appellant Nos.A-5, A-7, A-8 and A-11 were deputed to 4 finish Rauf Valiullah. They accomplished the task at around 2.30 p.m. when A-5 fired three shots with 38-bore revolver from close range at the deceased while he was entering Maruti car parked outside Madhuban Building.

(iii) The investigation of the case was initially conducted by a police team headed by Assistant Commissioner of Police, `D' Division, Ahmedabad, Mr. Makbulahmed Mohd. Hanif Anarwala, but in furtherance of Notification dated 12.2.1993 and corrigendum dated 17.2.1993 issued by the Government of India under Section 5 of the Delhi Special Police Establishment Act, 1946, with the consent of the Government of Gujarat, the case was entrusted to the Central Bureau of Investigation (CBI). After completing investigation and obtaining sanction from Commissioner of Police, Ahmedabad, the CBI filed 5 charge-sheet under Section 3(1), 3(3) and (5) of the Act, Section 120B read with Section 302 IPC, Section 302 read with Sections 34 IPC, Section 302 read with Section 114 IPC, Section 302 IPC and Section 27 of the Arms Act. The case was committed to Designated Court and was numbered as TADA Case No.176 of 1993.

Subsequently, two more charge-sheets were submitted and the same were numbered as TADA Cases No. 25 of 1996 and 32 of 1996. All the cases were consolidated and were tried together.

(iv) The charges were framed on 2.7.1998 against 11 accused. All of them pleaded not guilty. The prosecution examined 124 witnesses and produced 147 documents, which were duly exhibited. Thereafter, statements of the accused were recorded under Section 313 of Code of Criminal Procedure (Cr.P.C.). They alleged that the police has foisted false cases against them to avoid embarrassment for having failed to solve the mystery surrounding the murder of Rauf Valiullah and that confessions were extracted from them by using coercion and threats.

(ii) The appellants were throughout kept in the custody of Shri O.P. Chatwal, Deputy Superintendent of Police and Investigating Officer (for short `the Investigating Officer') and were deprived of the legal assistance.

(4) Where the confession is recorded on any mechanical device, the memorandum referred to in sub-rule (3) in so far as it is applicable and a declaration made by the person making the confession that the said confession recorded on the mechanical device has been correctly recorded in his presence shall also be recorded in the mechanical device at the end of the confession.

10. Although the Constitution Bench observed that the Central Government may take note of the guidelines and incorporate them by appropriate amendments in the Act and the Rules, necessary amendments have not been carried out so far.

58. In the result, we hold that the trial Court did not commit any error in recording a finding that charges of conspiracy and murder are proved against the appellants. Consequently, the appeals fail and are dismissed.

(B.N. Agrawal) .........................J. (G.S. Singhvi) New Delhi November 18, 2008.