Justice after 14

8226; Why is the 1993 Mumbai blasts trial unique in the annals of India8217;s legal history?

First of all, because of the enormous scale of the terrorist act. Ten bombs, causing loss of 257 lives, leaving over 700 injured. The entire city of Mumbai came to a standstill for that day.

The trial has found a place in record books on account of its sheer length 8212; it has gone on for 14 years. There are other firsts: a chargesheet running into 10,000 pages, two trucks needed to transport documents to court, one portion of Arthur Road Jail had to be carved out to make it the TADA court, the judge took over 14,000 pages to record the court evidence and another 3,000 pages to write the verdict.

8226; Some lawyers have raised questions about the death sentence being handed out after 14 years of incarceration. Why so?

There is an apex court judgment 8212; Javed Pawale v/s state of Maharashtra 8212; in which the death sentence pronounced against Pawale was not executed for almost a year. The court said that the accused is hanging 8220;under the Sword of Damocles8221; and that it was not desirable to hang him now. Therefore he was sentenced for life.

Lawyers like Niteen Pradhan, who appeared for over 52 accused including all those who planted the bombs earlier in the trial, argued that the situation is worse in this case since they have already spent 14 years in jail, which is the minimum life sentence.

However, others counter that regardless of the time that has lapsed, the laws of justice necessitate that the judgement should act as a deterrent.

8226; Abdul Gani Turk8217;s car bomb killed 85 people at Worli and he has been awarded the death penalty. But why has the same sentence been given to Mushtaq Tarani, who planted two bombs, one of which did not explode, and the other injured two people ?

Tarani was convicted for being a 8220;coveted member of the conspiracy8221; to spread terror. In this case, 48 accused have been held guilty for the offence of conspiracy. Special judge P.D. Kode said that the punishment is given as per the role assigned to each of them. The punishment for those found to be a 8220;coveted member8221; of the conspiracy will fall on a 8220;higher scale.8221;

Relying on apex court rulings, Judge Kode said that in the case of conspirators, granting the life sentence is the rule while the death sentence is an exception. The brutality of the crime is not the yardstick. Like Tarani, offenders who repeatedly indulge in a terrorist act or are 8220;bent upon committing a terrorist act8221; warrant a death sentence8221;, reasoned judge Kode. The judge also said 8220;if the bomb does not explode, the credit goes to grace of god and not the accused8221;.

8226; What are the broad parameters that the judge followed in awarding sentences?

Certain parameters have been laid out by the apex court in various judgments. For instance, the criminality of the convict is weighed according to the manner of the commission of crime, the motive, the anti-social or socially abhorrent nature of the crime and the personality of the criminal.

Judge Kode has divided the entire group of the 123 accused into three categories. One, those who deserved capital punishment 8212; this group was that of those who knowingly and voluntarily planted the bombs. The second group was made up of those who were given life sentences 8212; they were involved in the serial blasts conspiracy and execution but backed out at the last moment or did not go all the way. Judge Kode has taken a serious view of conspiracy meetings and also of those who were instrumental in the making and filling of explosives in the vehicles on the morning of March 12 at Al Husaini building.

The third group comprised of those who were involved in the periphery of the blasts like the illiterate porters and loaders at Raigad, who thought they were loading smuggled silver and not RDX, some of the cops who followed orders from their seniors and some people whose house was used for meetings and conspiracy but they were not themselves aware of the purpose of the meetings. Judge Kode also acquitted 23 people for lack of evidence, and not because they were innocent.

8226; What happens now?

The court of appeal in a TADA case is the apex court. But that is not the end of the matter. Even after confirmation of sentences by the Supreme Court, the accused are allowed to go in for appeal. The accused can then appeal to the division bench of the apex court and subsequently make an appeal for presidential pardon which itself may take years to resolve.