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The Gujarat High Court has recently issued notice on the Gujarat government's plea seeking confirmation of the death sentence awarded to 38 convicts of Ahmedabad serial blasts of 2008 by a Special Court.

A bench of Justice Sonia Gokani and Justice Mauna M Bhatt issued notice after hearing the Public Prosecutor Mitesh Amin stating that, "We deem it appropriate to issue Notices to all, making it returnable, on expiry of appeal period which shall be calculated from February 18, 2022, to June 9, 2022."

The bench was hearing the state's plea for confirmation of order of death sentence to the accused, passed on February 18, 2022, wherein all 38 accused have been awarded the death sentence after convicting them under Sections 302 (Murder) read with Section 34 (Common Intention) and 109 (Abetment) of the Indian Penal Code and Sections 10 (Penalty for being a member of an unlawful association), 16(1)(A)(B) (Commiting a terrorist act) of the Unlawful Activities (Prevention) Act, 1967.

38 convicts sentenced to death include Zahid @ Javed, Imran, Iqbal @ Ikrar, Shamshuddin @ Shamshu, Gayasuddin @ Gayasu, Mohammad Arif, Mohammad Usman, Yunus Mohammad Bhai Mansoori, Qamruddin @ Abdullah, Amil Parwaz, Shibily @ Sabit, Safdar Husain @ Husain Bhai @ Iqbal Bhai, Hafiz Hussain @ Adnan, Mohammad Sajid @ Sajad @ Saleem @ Saad, Abu Bashar @ Abdul Rasheed @ Abdullah @ Mufti, Abbas, Javed Ahmed, Mohd. Ismail @ Abdul Razik @ Musaf @ Furqan, Afzal @ Afsar @ Raja @ Ajit Singh, Mohd. Arif @ Arif Badar, Asif @ Hasan, Mohd.Arif, Qayamuddin @ Rizwan, Mohd.Saif @ Rahul, Zeeshan Ahmed @ Zeeshan, Zia-Ur-Rehman @ Montu, Mohd.Shakeel, Mohd. Akbar Ismail Choudhry @ Sayeed, Fazal Rehman @ Salahuddin, Ahmedbava, Sarffudin @ Sharif, Saifur Raheman @ Saifu, Shahduli, Mo.Tanvir Mo.Akhtar Pathan, Aamin @ Raja, Mohammed Mobin @ Mubin, Mohhamad Rafik @ Javeed and Tauseef Khan.

The Court has further directed the Jail Superintendent to ensure that each one of them is given to understand the availability of free legal aid under the statute and shall also make the same available to them.

It may be noted that a Special Court in Gujarat on February 18, 2022, concluded the hearing that pertained to the quantum of sentence for the 49 convicts in the 2008 Ahmedabad serial bomb blasts case. The bench of Special Judge AR Patel had sentenced 38 out of 49 accused to death and the remaining 11 convicts to life imprisonment.

Background

As many as 22 bombs went off in Ahmedabad on July 26, 2008, at various spots, including the state government-run civil hospital, Ahmedabad Municipal Corporation-run LG Hospital, on buses, parked bicycles, in cars and other places, killing 56 persons and leaving around 200 injured.

The police had claimed people associated with the terror outfit Indian Mujahideen (IM), a faction of radicals of the banned Students Islamic Movement of India (SIMI), were involved in the blasts.

It was alleged that the IM terrorists had planned these blasts to avenge the 2002 post-Godhra riots in which several persons from the minority community had died.

Days after the serial blasts in Ahmedabad, the police had recovered bombs from different parts of Surat, following which 20 FIRs were registered in Ahmedabad and 15 in Surat. The trial was conducted after the Court merged all 35 FIRs.

Cause Title: State of Gujarat vs Jahid @ Javed Kutubuddin Shaikh