SC grants bail to Akshardham convict

The apex court,after obtaining a report from the Gujarat government counsel Hemantika Wahi that he was not involved in any other offences,ordered his release subject to bail conditions to be imposed by the trial court in Gujarat.

On September 6,the apex court had stayed the death sentence of two terrorists in the daring temple attack and had sought Gujarat government’s response to a plea for a re-investigation by CBI or any other independent probe agency.

The apex court also issued notice to the Gujarat government on an appeal of death row convicts – Adambhai Sulemanbhai Ajmeri,Abdul Kayum alias Muftisaab Mohmedbha — and two others who alleged that tainted IPS officer D Vanzara,arrested in connection with the Sohrabuddin fake encounter case,had falsely implicated them in the September 22,2002,attack in Ahmedabad.

It was claimed that they were erroneously convicted and sentenced to death by the Special POTA court by relying on “false” evidence produced by the Gujarat police who included Vanzara who was at that time a Deputy Commissioner of Police.

“It is submitted that the investigating officer Shri Singhal,who is the ACP,never visited Jammu and Kashmir or Hyderabad where as per the prosecution the conspiracy for the attack was hatched. It is interesting to note that D G Vanzara (DCP) who,as per the prosecution,went to J&K has not been examined by the prosecution who was even otherwise a material witness,” the appeal by the convicts had said.

According to the appeal,the matter needs to be re-investigated by CBI or any other independent investigating agency as it involved the life and liberty of the citizen,which cannot be left to the whims and caprice of the prosecution.

The petitioners submitted the Gujarat police had falsely implicated them and till date was not able to establish the identity of the two suicide attackers who were shot dead during the encounter.

“Because for the purposes of securing justice,the investigating agencies were not required to act with a communal flair thus to seek an advantage on the hand for the dis-advantage of the innocent citizens for whom the constitutional safeguards and guarantees by the Constitution and the rule of law existed,the application of law was liable to be applied equitably in a just fair and impartial manner,” the petition had said.

According to the petitioners,the High Court failed to appreciate these facts while confirming the death sentence.

Besides the two death convicts,the other two Mohd Salim Hanif Shaikh and Abdullamiya Yasinmiya Kadri have filed the appeal challenging the life imprisonment and 10 years sentence imposed on them respectively in connection with the terrorist attack.

On September 24,2002 at around 4.30 pm fidayeens armed with AK-56 rifles and hand grenades had committed mayhem at the temple killing 33 devotees. NSG commandos managed to kill two of them.

On July 1,2006,the Special Judge POTA in Ahmedabad,convicted the four accused and awarded death sentence to two of them. The Gujarat High Court had on June 1 dismissed their appeal,after which they approached the apex court.