After being declared guilty by the Special Prevention of Terrorism Act POTA Court last week,the three accused in the 2003 Gateway blasts case on Tuesday pleaded for leniency while the prosecution pressed for death penalty. The court deferred the sentencing to August 6 after the arguments.
Hanif Sayed Anees 46,wife Fehmida Sayed 43 and Ashrat Ashrat Ansari 32,who were held responsible for killing 52 people in the twin blasts on August 25,2003,at Gateway of India and Zaveri Bazaar,pleaded for leniency. Now with the state government amending the definition of maximum sentence to 50 years,all three are bound to spend their lifetime in jail. Hence death penalty can be avoided, defence lawyer Abdul Wahab Khan told special judge M R Puranik.
Khan said the aspect of rarest of the rare case has to be seen in totality. The circumstances and scope of rehabilitation are also part of the new guidelines laid down by the apex court. My clients will not plead for furlough,parole or leave. This means they will not breathe a single day of free air.
Special public prosecutor Ujjwal Nikam argued that all the accused should be given the maximum punishment of death. He drew a parallel between the case and the Rajiv Gandhi assassination case. Like Nalini was a direct conspirator of the assassination,Fehmida was well aware of what she was indulging in. She did not anywhere during the crime try to step out. Had she worked under pressure by her husband,she would have admitted it before the court. Every accused comes and says he is innocent. No accused wants to admit the crime. She is as dangerous as her husband, he said.
The consideration of mercy towards the fair sex is for humans and not animals. A lion and lioness are equally violent and so is true for Hanif and Fehmida. She was not a passive conspirator. She helped in choosing the targets and went ahead planting them. Now if the defence is claiming that she is a conservative Muslim lady,how could she take her kid along to plant the bomb? Her deeds expose a dangerous mind, Nikam said in reply to defence lawyer Sudeep Pasbolas arguments.
Nikam also said the terror attacks at Gateway and Zaveri Bazaar were not an emotional outburst against communal riots in Gujarat,but a well-planned commando operation to take several lives.