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This is an archive article published on December 2, 2006

The acquitted

They were arrested, even held in custody for lengthy periods, considered guilty for having played a role in the horror of the 1993 serial bomb blasts in Mumbai. But after 13 years they can once again walk with a freer heart. They are the ones whom the law favoured

.

The number of convictions in the trial is set to hit 100 if special TADA Judge P D Kode convicts the remaining six accused for their involvement in the Mahim fisherman colony incident. So far 23 accused have been acquitted of all charges in spite of them spending time in custody, some of them for more than two years. However, till the judgment is out they will have to do rounds of court whenever they are called.

The acquitted accused are Suleman Memon, Hanifa Memon, Raheen Memon, Ashfaq Havaldhar, Moiddin Cheruvattam, Shakil Shahbuddin Shaikh, Anant Bhoir, Fazal Rehman, Ismail Patel, Manzoor Qureshi, Rukshana Jariwala, Sayed Ismail Kadri, Shaikh Babulal, Sultan-e-Rum, Ajay Marwah, Devidas Ghule, Abdul Aziz, Mohammed Iqbal Shaikh, Murad Khan and Ahmed Mansoor.

Of the acquitted accused, three, Krishna Mokal, Krishna Pingle and M M More, were police constables from Srivardhan police station in Raigad district. They were suspended from service following arrest and had spent more than two years in custody.

The long arms of law have not spared the accused law enforcers also.Five customs officers including Additional Collector Customs S N Thapa and Assistant Collector of Customs, R K Singh have been found guilty for letting smuggled arms and ammunition into the country. Five police officers, including one sub-inspector V K Patil, also have been found guilty.

The Memon angle

Tiger Memon Ibrahim Abdul Razak Memon, believed to be Dawood Ibrahim8217;s right hand, is the most wanted accused in the 1993 Mumbai bomb blasts case. There is reason to believe that Tiger Memon is now in Karachi, Pakistan and moves under aliases to evade authorities. Memon is known to have recruited frustrated Muslim youth to carry out the bombings, while flying out of Mumbai to Dubai, the morning before the blasts. His fortune has been estimated to be in millions, with operations in money-laundering, property, stocks and industry.

On September 12, 2006, the special TADA court convicted four of the Memon family 8212; Yakub, Essa, Rubina and Yusuf. Three other members of the family 8212; Suleiman, Hanifa and Raheen 8212; were acquitted with the judge giving them the benefit of doubt. The four Memons have been held guilty on charges of conspiring and abetting acts of terror. They face jail terms ranging from a minimum of five years to life imprisonment. Yakub Memon, the brother of prime accused Tiger Memon, has been charged for possession of unauthorised arms.

Yakub denied before the trial court that he was involved in any manner in the conspiracy of planning the blasts. A chartered accountant by profession, he told Judge PD Kode that it was false that on February 11, 1993, Tiger had called a meeting of Muslim youth at his residence at Al Husseni building at Mahim in north-central Mumbai. Several of the accused were allegedly present at this meeting. Yakub said it was also false that the Muslim youth had taken an oath during the meeting to take revenge for the Babri Masjid demolition on December 6, 1992.

Suleiman Memon

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WHO: The eldest son of the Memon family. His wife, Rubeena has been convicted, but has been given time to surrender till she is sentenced. He ran a business in Dubai prior to his arrest.

CHARGE: Suleiman was accused of being part of the conspiracy and of letting the accused use his house in Al-Hussaini building, Mahim, to hatch the conspiracy.

VERDICT: He was given benefit of doubt and not a 8216;clean acquittal8217; as he was a Dubai resident and so had little control over what took place in his house.

He has spent about five years in jail.

Raheen Memon

WHO: Wife of Yakub Memon, was the last member of the Memon family to surrender from Pakistan with her baby daughter.

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CHARGE: She was also accused of being part of the conspiracy and for permitting the use of their house in Al-Hussaini building, Mahim for the use of conspiracy. She, along with her other family members, had fled to Dubai on March 9, 1993, two days before the blasts.

VERDICT: She was also given the benefit of doubt.

She has spent a little less than three years in jail.

Hanifa Memon

WHO: Mother of Tiger Memon, kingpin of the 1993 bomb blasts. Now over 60, she has serious health problems and did not come to court even on the day the judgment was pronounced. She lost her husband, Abdul Razaak Memon, also an accused in 2001

CHARGE: Accused of allowing her flat in Al-Husseini building to be used for terrorist activities, particularly filling RDX in the vehicles, which were later planted in 14 different locations, causing blasts in 12 locations

VERDICT: Given benefit of doubt.

Has spent more than three years in jail.

Abdul Aziz

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WHO: A contract labourer, Aziz claims he surrendered to the Mumbai police in 1993 after the blasts. He was released after 16 days in custody. He disclosed that he had gone to Dubai, along with five other accused at the instance of absconding accused Yakub Yeda. The police had decided to make him a witness, but it was the CBI who caught him in 1994 after they took over the blasts investigation.

CHARGE: Accused of agreeing to undergo arms training in Pakistan via Dubai. However he could not go to Pakistan because further arrangements could not be made in Dubai.

VERDICT: Not enough evidence against him.

Abdul Aziz claims he was tortured by the police. 8220;They turn innocent people into criminals. Chuhe ke bachche ko pakadte hai to who bhi katata hai. Hum begunhahon ko pakdenge to hum nahi katenge? If someone catches hold of a baby mouse, he bites. If you catch hold of innocent people, won8217;t they bite?.8217;8217;

Having spent more than a year in prison. Aziz has been jobless ever since he got involved in the case because no one wanted to employ an accused. He has spent more than one year in jail.

Ahmed MansoorM

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WHO: A key member of the D-gang, Mansoor has been acquitted yet again in a TADA case. He was acquitted in two other TADA cases before8212; in the infamous 1992 J J shootout and a related arms case in Delhi.

CHARGE: Mansoor was accused of receiving four co-accused in Dubai, securing arms and ammunition for them and arranging weapons training for them in Pakistan at the instance of absconding accused, Anees Ibrahim.

Mansoor and his twin brother, Farooq were also accused of supplying arms and ammunition, vehicles and sheltering the injured accused in their flat near JJ flyover, Byculla

VERDICT: Fortunately for Mansoor, the confessions of the four co-accused name a certain Ahmed who received them but his identity could not be established clearly.

Has spent five years in jail.

Ruksana Jariwala

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WHO: Jariwala is the wife of absconding accused, Mohammed Shafi.

CHARGE: She was charged on the count of transporting 85 hand grenades, 350 detonators, and 3270 live cartridges along with her husband Shafi and convicted accused Parvez Sheikh from Jogeshwari to Musafirkahana in a van.

VERDICT: She was acquitted of the charge as the court found the confessions against her unreliable. 8220;There were two confessions but they have not been relied upon,8221; said Kode clearing her of the charge. Parvez had not been found guilty on this particular charge either, though he was convicted on other counts. Rukhsana told the court she was disturbed as her husband was missing.

She has spent five months in custody.

Fazal Rehman

WHO: Brother-in-law of accused No 39 Firoz Malik. Was a taxi driver prior to his arrest. Now runs a food stall in Mumbai.

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CHARGE: Accused of criminal conspiracy and aiding and abetting terrorism. He was also charged for persuading co-accused Firoz Malim to undergo weapons training in Pakistan. Was also charged with possession of four hand grenades procured from Malik which was again handed over to Mohammed Jabir Abdul

VERDICT: The TADA court acquitted Fazal Rehman on all charges as there was no corroborative evidence or links to a terrorist group.

It was defence lawyer Farhana Shah8217;s case that there was no independent witness who could establish the link between Fazal and other conspirators.

The prosecution had relied on the confessions of Malik and Jabir as Fazal had not confessed. It was the prosecutions case that the hand grenades were recovered based on the statement provided by Jabir.

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Judge Kode, however, was not satisfied with the evidence and acquitted Fazal, who has spent two-and-half years in jail.

Moiddin Abdul Kadar Cheruvattam

WHO: Was working for a company in Dubai. Had come to see his mother in Mumbai when he was arrested for the serial blasts. Following that he lost his job and is now involved in the ticketing business.

CHARGE: Being part of the criminal conspiracy and aiding and abetting terrorist activities between January and April 1993. He was charged with conspiring and advocating the facilitation of terrorist act in Dubai and India. He was also charged for attending meetings at Dubai with co-conspirators and also for assisting co-conspirator and absconding accused Taher Taklya in collecting funds for achieving the terrorists8217; objectives.

VERDICT: Cleared of all charges due to lack of evidence.

Cheruvattum has spent more than two-and-a-half years in jail.

Ismail Abbas Patel

WHO: A businessman who visited Dubai often. Along with co-accused Moiddin had done some relief work during the riots. At present, he imports and exports sanitary wares and ceramic tiles.

CHARGE: Being part of the criminal conspiracy and aiding and abetting terrorist activities between January and April 1993 for advocating the facilitation of terrorist act in Dubai and India. According to the chargesheet filed by the CBI, Ismail had participated in a meeting held by Dawood Ibrahim and Tiger Memon. 8220;Ismail had arranged finance for co-accused Sheikh Aziz Ahmed for his travel to Pakistan via Dubai for arms and weapons training,8221; the chargesheet said.

VERDICT: Acquitted by the TADA due to lack of evidence.

Patel had spent more than two-and-half years in jail.

Anant Bhoir

WHO: A police informer from Thane district. At present, supplies construction material.

CHARGE: Accused of agreeing to dispose of 58 bags of RDX, smuggled by Tiger Memon, which were stored in a godown belonging to Noor Mohammed Khan at Kashimira in Thane. Bhoir was given the assignment by absconding accused Mohammed Rashid Khan and the bags laden with explosives were dumped in Nagla Bunder creek with the assistance of other co-accused. He was also charged under section 202 of IPC for intentionally omitting to inform the authorities inspite of being a police patil who knew the contents of the bag.

VERDICT: The court, however, held that although the fact of disposal has been established, there was no evidence to suggest that Bhoir knew about the contents of the goods. Moreover, the judge noted that the confession was not extracted as per the mandatory provision under TADA.

Bhoir has spent almost two years in jail.

Sultan-e-Rum

WHO: A driver who currently works for lawyer Oves Siddiqui. Had gone to Dubai on the insistence of co-accused Ejaz Pathan.

CHARGE: Accused of going to Pakistan for training via Dubai.

VERDICT: Acquitted on all charges as the prosecution could not prove his involvement in terrorist activities.

Rum has spent more than a year in jail.

Ajay Marwah

WHO: Marwah was part of the group of accused connected to Sanjay Dutt. Married to a model, he has two daughters. Runs a movie theatre in suburban Mumbai.

Marwah claims he never knew Dutt before April 19, 1993, when he was arrested.

The day after his acquittal, Marwah came to the TADA court in a show of support for Dutt.

CHARGE: Accused of being in possession of an unlicensed 9 mm pistol, which belonged to Dutt.

VERDICT: Was given the benefit of doubt as there was no confession of co-accused implicating him.

Tired of being branded an accused for the past 13 years, Marwah was 8216;exhilarated8217; when he was acquitted. 8220;I trust in God. This case gave me a lot of negative publicity. I can now start afresh,8217;8217; said Marwah, who has spent about a month in custody.

8212;Mohan Kumar and Menaka Rao

TRIAL TO JUDGEMENT

13 bomb blasts ripped Mumbai on March 12, 1993, killing 257 people and injuring 713

November 4, 1993: Over 10,000 page-long primary chargesheet filed against 189 accused, including actor Sanjay Dutt

November 19: Case handed over to CBI

April 1, 1994: TADA court shifted from city sessions and civil court to a separate building inside the premises of Central Jail at Arthur Road

April 10, 1995: 26 accused discharged by TADA Court, charges framed against remaining accused

April 19: Trial begins

April-June: Charges framed against accused

June 30: Two accused, Mohammed Jameel and Usman Jhankanan, turn approvers

October 14: Sanjay Dutt accused number 117, arrested on April 19, 1993, granted bail by Supreme Court

March 23, 1996: Judge JN Patel transferred, elevated as HC judge

March 29: PD Kode designated as special TADA judge

October 2000: Examination of 684 prosecution witnesses ends

March-July 2001: Accused persons8217; statements recorded

August-October 2001: Prosecution arguments

November- August 2002: Defence arguments

February 20, 2003: Dawood gang member Ejaz Pathan produced in court

March 20: Mustafa Dossa8217;s remand proceedings and trial separated

September: Trial ends, wait for judgement

June 13, 2006: Salem8217;s trial separated

August 10: Judge PD Kode starts dictating verdict, later deferred to Sept 12

Sept 12: Court starts delivering judgement

 

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