Dhobi had asked the court to direct the authorities to consider the case for grant of remission and premature release after serving the sentence imposed on him in the 1992 murder case.
The bungalow (Bhutial Mahal) where Abdul Latif was killed in a police encounter in 1997. Express archive photo
Advocate Hemant Raval, appearing for Dhobi, argued that the former gangster had been acquitted in most of the other criminal cases registered against him – and that he was not the principal assailant in the Valiullah case, but only a co-accused.
Justice M R Mengdey of the Gujarat HC, after considering the submissions made by the state, rejected Dhobi’s plea on Thursday (August 20).
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Blood on the street: that day in Ahmedabad
On October 9, 1992, Valiullah, who was general secretary of the Gujarat Pradesh Congress Committee at the time, was shot in the head at close range outside Madhuban Building by an underworld hit team of several armed men.
Valiullah, who was accompanied by an associate named Pradeep Dave at the time, was allegedly about to expose a deep criminal-politician nexus before the central leadership of the Congress party. He had come out of the building and was about to get in his car when the assailants struck.
The killing of Valiullah was allegedly ordered by gangster Abdul Latif, a man who started his criminal career as a gambler-turned-bootlegger, before going on to a thriving career in organised crime, with the reputation of being the only known pointsman in Gujarat of Dawood Ibrahim.
Gangster Abdul Latif’s bullet hit the vehicle (car) of Assistant Commissioner of Police during the encounter in Ahmedabad. Express archive photo 29.11.1997
‘Raees’, the 2017 film by Rahul Dholakia that was set largely in Ahmedabad and starred Shah Rukh Khan, was seen to have close parallels with the life of Abdul Latif, even though the filmmaker and the actor had denied any connection.
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Latif, who was accused in dozens of cases including the 1993 Bombay blasts, was killed in an alleged police encounter in Ahmedabad in 1997.
The Valiullah murder was one of the most sensational cases linked to the gangster – and as recently as in June this year, the Ahmedabad Crime Branch had swooped on another accused in the case, Mohammad Taslim Shaikh, who had jumped parole in 2019.
Shaikh, the absconding accused in the Valiullah murder, was found to be living in Rajasthan with his family from a second wife.
Long years of ‘good conduct’ in jail: What Dhobi told court
Hemant Raval, counsel for Dhobi, told the HC that his client’s role could not be equated with that of the principal assailant. He underlined that Dhobi was only a co-accused, and that he had been acquitted in most of the other cases lodged against him.
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Raval also submitted that Dhobi had served more than 22 years in prison and had received a “good conduct” report from the jail. He had been carrying out the tasks assigned to him in jail with responsibility, Raval said.
The court noted Raval as having submitted, “The conduct of the petitioner in jail is reported to be good. The petitioner had absconded only on one occasion for a period of 360 days and the said period has also been regularized by the concerned authority… The case of the petitioner stands on a different footing than the other co-accused, who have been declined relief of remission by the Apex Court as well as by (the Gujarat HC)….”
Raval argued that Dhobi’s co-accused, who have been declined relief, are the main accused in the offence, whereas the petitioner had been implicated only in view of the provisions of criminal conspiracy. He “has not played any active role in actual commission of crime”, Dhobi submitted.
Counsel for the state government and the Central Bureau of Investigation (CBI) R C Kodekar opposed Dhobi’s plea. Counsel for the state pointed to the cases of Dhobi’s co-accused Sajid Ali alias Danny, and Mohmed Umar Majid Ahmed Pathan alias Mohmed Fighter alias Mohmed Pahelwan, both of whom had sought premature release after completing their sentences.
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The state said that Sajid Ali’s petition challenging the refusal of his release was pending before the Supreme Court.
The HC order, which was made available on Monday (August 24), said that the SC had dismissed the petition of Sajidali (Sajid Ali) on August 18, and that a similar petition for remission filed by Fighter Pathan had been rejected by the Gujarat HC on August 13.
The order states: “Though the learned Advocate appearing for the petitioner has vehemently contended that his case is not similar to the case of the co-accused, he is not in a position to point out any distinction between the case of the petitioner and the case of the other co-accused Sajidali…”
The HC reasoned: “[Dhobi] was part of a syndicate involved in unlawful activities. The deceased (Valiullah) was done to death since he was taking keen interest to see that the accused in another offence of murder were convicted. Learned Advocate appearing for the petitioner is not in a position to point out any illegality or irregularity in the impugned order… Having regard to these aspects, no case is made out for grant of any relief to the petitioner.”
The ‘other’ killing, and the plot intended to ‘create fear’
Valiullah, the Congress Rajya Sabha MP, was 47 years old when he was killed. His murder was closely linked to the gunning down of nine persons on August 3, 1992, including Hansraj Trivedi, described by the prosecution as an alleged supplier of illicit liquor, at the Radhika Gymkhana Club in the Odhav area of Ahmedabad.
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Police registered a case in the Gymkhana murder, but the investigation drew public criticism over the failure to arrest Abdul Latif and members of his gang, who were perceived to be responsible for the killings.
According to the prosecution, mounting public pressure on the police to nab the accused nudged Latif and his associates to devise a plan under which some peripheral members of the gang would surrender, allowing the principal accused to remain beyond the reach of the law.
The prosecution alleged that Latif sought the assistance of local Congress party politician Hassankhan Shamsherkhan Pathan, alias Hassanlala, to facilitate the surrender.
Notorious Gujarat gangster Abdul Latif arrested by Gujarat ATS and CBI in the Jama Masjid, New Delhi being brought to Ahmedabad. Express archive photo by Harsh Shah 11.10.1995
Valiullah, who had allegedly learnt of their plan, was preparing a memorandum for the Congress party’s high command to expose what the prosecution described as “a criminal-political nexus” in the state.
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According to the prosecution, Valiullah’s opposition to the proposed arrangement led Abdul Latif and his gang to decide to eliminate him and ‘create such fear that no one else would step forward to oppose the plan”.
The task of killing Valiullah, according to the prosecution, was entrusted to Rasoolkhan Yakubkhan Pathan alias Rasool Party and his associates. Rasool Party, who remains absconding, is also accused in the 2003 assassination of former BJP minister Haren Pandya as one of the conspirators.
The role of Dhobi, and what happened before the killing
Dhobi’s alleged role in the conspiracy figured in his confessional statement during the trial. According to the prosecution, he described his association with Rasool Party and recounted the events leading to Valiullah’s murder.
The prosecution submitted that on October 9, 1992, Dhobi was summoned through another accused and given a revolver loaded with six bullets. He was allegedly instructed to shoot Valiullah if another accused, Mohmed Fighter alias Mohmed Pahelwan, failed to carry out the killing.
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Gang members allegedly tracked Valiullah for several days. On October 9, 1992, a group of accused was deputed to carry out the killing. Around 2.30 pm, Valiullah was shot at close range while entering a Maruti car parked outside Madhuban Building.
Pradeep alias Bakkabhai Nautamlal Dave, who had accompanied Valiullah and was present at the spot, lodged the FIR at Ellisbridge police station.
A case was registered for murder and criminal conspiracy, along with offences under the Arms Act and the Terrorist and Disruptive Activities (Prevention) Act (TADA).
The investigation was initially handled by an Ahmedabad police team but was subsequently transferred to the Central Bureau of Investigation. The CBI filed charges under various provisions of TADA, the Indian Penal Code and the Arms Act.
Two subsequent charge sheets were also filed, and the three cases were eventually consolidated for trial before the designated TADA court.