Hussein Ghadially @ M.H.G.A.Shaikh & ... vs State Of Gujarat

3. The facts giving rise to the registration of I.C.Rs. No.32 and 70 of 1993 at Varccha and Surat Railway Police Stations in the State of Gujarat respectively leading to the arrest of those accused of committing the offences and their eventual conviction by the Trial Court have been set out at great length by the said Court below in the two judgments and orders impugned before us. We need not, therefore, recapitulate the entire factual backdrop in which the appellants were tried, found guilty and sentenced except to the extent it is absolutely necessary to do so. Suffice it to say that the two blasts one at Mini Hira Bazar, Varccha Road, Surat and the other at Platform 1, Surat Railway Station took place on 28th January, 1993 and 22nd April, 1993 respectively. In the incident that took place at Mini Hira Bazar, Varccha Road, one minor girl barely 8 years old lost her life while as many as 11 others were injured. The second incident at the Surat Railway Station relevant to ICR No.70 of 1993 left as many as 38 persons injured, some of them grievously. The prosecution case is that the genesis of the two incidents mentioned above lay in the demolition of the Babri Masjid on 6th December, 1992 at Ayodhaya which had led to wide-spread communal riots in several parts of the country. These riots took place even in the city of Surat causing damage to life and property to the Muslim community. With a view to giving relief to those affected by such riots a Relief Camp at Ranitalao area in the city of Surat was set up mainly by the accused persons including Hussein Ghadially, Iqbal Wadiwala, Mohammad Surti, Hanif Tiger and others. A makeshift office adjacent to the relief camp provided to the accused persons space to hold their meetings.

5. According to prosecution appellant-Hussein Ghadially and his wife alongwith Iqbal Wadiwala (A-2) went to Ahmedabad in Maruti Van No. GJ 5A 5178 driven by one Bhupat Makwana. In order to carry arms and ammunition including AK 47 rifles, cartridges and bomb etc. a concealed compartment was created in the Maruti Van that was owned by appellant-Iqbal Wadiwala. The arms and ammunition supplied by Abdul Latif (since deceased) were then placed in the secret chamber of the vehicle and transported to Surat. The prosecution alleges that the arms and ammunition to be used were kept at different places for use to wreak vengeance against the majority community. The blasts that took place on 28th January, 1993 at Mini Hira Bazar, Varccha Road, Surat and at Surat Railway Station on 22nd April, 1993 were, according to the prosecution, the culmination of the conspiracy hatched by the accused and the efforts made by them including their active participation in the sordid sequence leading up to grievous injuries to several persons including the killing of an innocent child.

6. The prosecution further alleges that investigation into the crime by the Surat Railway Police did not lead to the apprehension of the real culprits. This forced the Director General of Police of the State of Gujarat to constitute an Action Group for inquiry and investigation into the crime. In the course of investigation by the Action Group, one Mushtaq Patel was apprehended on 12th March, 1995 in connection with a case registered in Umra Police Station under the Arms Act. In the course of interrogation the said Mushtaq Patel revealed information relating to the bomb blast at Platform No.1 at Surat Railway Station. This gave the Action Group a break that led to a series of arrest of persons responsible for the blasts and recovery of arms and ammunition comprising as many as 6 foreign grenades, 2 AK 47 rifles and 199 live cartridges. The arrest of accused persons and the seizure of arms and ammunition in turn led to invocation of provisions of Terrorists and Disruptive Activities (Prevention) Act by orders passed by the Additional Commissioner of Police, G Division, Surat city and/or by the State Government.

7. Confessional statements of the accused persons were after the application of the provisions of the said Act recorded by the Additional Commissioner of Police and separate chargesheet in both FIRs filed before the Designated Court in which accused Yusuf Dadu was shown as absconding. Yusuf Dadu was subsequently apprehended and a supplementary chargesheet in both the cases filed against him which came to be numbered as TADA cases No.1 and 2 of 2000 in relation to the two incidents aforementioned. Before the Designated Court the accused persons pleaded not guilty and claimed a trial.

8. At the trial the prosecution examined as many as 120 witnesses in TADA case No. 41 of 1995 with 1 of 2000 and 105 witnesses in TADA case No. 59 of 1995 with 2 of 2000. The accused did not lead any defence. The Trial Court eventually found some of the accused persons guilty while some others were acquitted giving them the benefit of doubt. Those found guilty were sentenced to imprisonment ranging between 10 to 20 years details whereof may be summarised as under:

29. We accordingly allow Criminal Appeals No.92 of 2009, 110 of 2009 and 658-659 of 2009 and set aside the orders of conviction passed against the appellants who shall be released from custody forthwith unless required in any other case. Criminal Appeals No.303-304 of 2009, 305 of 2009 and 432- 433 of 2009 filed by the State of Gujarat shall, however, stand dismissed.