2008 serial blasts: HC dismisses petition by accused claiming mistaken identity

Sheikh moved a discharge application before the special trial court for the case which is conducting the trial inside Sabarmati Central Jail in Ahmedabad. The court rejected the application,after which he approached the HC.

While placing his case,Sheikh also relied on a statement of a co-accused,Imran Shaikh,recorded by police under the provisions of Section 164 of the Code of Criminal Procedure.

Imran had reportedly told police names of the conspirators and co-accused in the case,in which he named three persons from Uttar Pradesh — Jahir,Tokir and Falahi. Imran’s statement did not include the name of applicant Sheikh. Sheikh had contended that there were several persons in the list of SIMI members having named as Falahi.

The prosecution had challenged Sheikh’s claims and argued that he had been chargesheeted under the Unlawful Activity Prevention Act,and trial had begun against him and other co-accused in which more than 200 witnesses had already deposed.

The prosecution also added that during investigation,Sheikh’s presence at training camps at Waghamon,Kerala,has been confirmed and that the applicant,as a member of SIMI,which became a banned outfit in September 2001,had worked with members of the Indian Mujahideen to explode bombs in crowded areas of Ahmedabad that left 56 persons dead.

The bench of Justice S G Shah had called for the chargesheet and other documents. After scrutinising them,the court dismissed Sheikh’s petition while observing that the prima facie evidence on record proved his involvement in the case.