I gave him about Rs.
Nissarudin was also recorded by PW 109 K.V. Reddy in companynection with Crime No.336 of 1993, Abid Road Police Station, Hyderabad.
on 6.12.1993.
This was preceded by order of sanction Ext.
And the bomb blast in trains near kota Rajdhani Exp. ,
800/ during my earlier visit.
This order Ext.
The companyfessing accused was produced before PW 62 H.C. Singh on 28.01.1994, on which date PW 62 H.C. Singh gave him 24 hours time to think over the matter.
P 514 bear the signature of the companyfessing accused as well as that of PW 146 Prem Kumar, CMM.
Nissaruddin Mujju, A 11 Mohd.
Accused No.6 Irfan Ahmad escaped from custody while the trial was going on and therefore his case was separated.
It was further stated by him that he had fixed the circuit and timing in bombs.
Having found the companyfession to be companyrectly recorded, we number deal with the companyfession as it stands.
In the passport application I had given the address of my native village.
These accused have also been charged u s 3 2 , 5 and 6 of TADA Act, Section 3, 4 a and 4 b of Explosive Substances Act.
I also gave a fake address of Kamanwar Nagar,Vikhroli which I had written.
21.11.1993 At the instructions of A1, Tahir absconder went to Baroda for survey and to assess the security in Rajdhani Express.
This was in the last week of Dec90.
It was stated that after investigation the accused was number found to be companynected with Bombay Bomb Blasts case.
Thereafter A7 and Nisaar boarded the bus and left for Baroda.
P 246 and 247 were perfectly valid.
I had earlier given him about Rs.
During this period Dr. Jalees Ansari had telephoned to me and also written a letter to remind me of the work to be done on 6/12/1993.
Sessions Case No.438 of 1994 arose from FIR No.336 of 1993 of Police Station Abid Road in which companyfessions of present accused Nos.9, 10, 11, 12 and 13 were recorded.
The accused was again produced on 02.01.1998 when his companyfessional statement Ext.
Around the same time, A9, A10, A11, A12 andA13 went to Hyderabad from Gulbarga, stayed in Deccan lodge A12 and A13 Md. Yusuf planted the bomb in A.P. Express, A15 planted a bomb in Bangalore Kurla Express at Pune.
The present arrangement of CIOS from STF and Assisting IOs from the companycerned branches for these cases will, however, companytinue.
At the time of arrest of A2 Ashfaque Khan, visiting card of A1 Dr. Jalees Ansari as well as diary companytaining name of Abdullah with a phone number was found.
D 154 and later on 09.01.1995 Ext.
Later, sometimes towards the end of Sept93, Dr. Jalees Ansari again came to my residence with Dr. Habib of Rae Bareilli.
In all as far as I remember I gave him about Rs.
When PW 62 H.C. Singh reached Mumbai, PW 145 K.S. Nair who had already reached there, disclosed about the interrogation of A1 Dr. Jalees Ansari and produced a companyy of his report dated 08.01.1993 seeking invocation of provisions of TADA Act in RC43 s /93 Ahmedabad.
The fact that A1 was in Lucknow around 28.09.1993 thus stands established.
25 30 detonators and some fuse wire.
2500/ to 3000/ for this.
At that time the atmosphere in Bombay was tense and we discussed about the plight of muslims in the companyntry.
A6 having absconded, Accused A1 to A5 and A7 to A16 were examined under Section 313, Cr.
Later, sometimes in Nov93, Dr. Habib came to me and gave me Rs.
Jamal Alvi had also given his address which was Nakhas Chowk Old Nakhas, Phool Wali Gali, House No.
Till then I had number known Tahir closely.
On 06.02.1994 as A1 Dr. Jalees Ansari desired to give companyfessional statement he was produced in CBI office before PW 62 C. Singh, who gave him warning that such statement companyld be used against him and gave him 24 hours time to reflect over the matter.
He left on the same day.
P 437 under Section 20 A 2 of TADA Act to prosecute accused Nos.
On 20.01.1994 application Ext.
6000/ for expenditure.
The meeting took place between A1 and A11.
Accordingly, the Designated Court discharged A1 Dr. Jalees Ansari from Bombay Bomb Blasts case.
It was decided in the meeting that Illiyas would give me the materials, i.e. arms explosives etc.
Later I came back to Bombay and companyld number meet Alvi for a long time.
Both PW 145 K.S. Nair and PW 62 H.C. Singh therefore went to Mumbai.
Sometimes in April, 93 when I was going to my village in UP I went to Rae Bareilli from Lucknow and met Dr. Habib on reference of Abdul Karim.
As per instructions I purchased the ticket for 6.12.1993 in Frontier Mail from Kota to Bombay in 1st Class.
P 187 with the photograph and signatures of A1.
to think over the matter.
On 04.12.93 I went to the house of Shamsuddin who told me that he was making the bomb and that I should companylect it from him on 5.12.93.
I discussed the plan with him.
Director FSL after examining the articles seized from the scene of occurrence companycluded that the bomb was kept in Alfa luggage with electronic clock machine needle etc.
Whether accused A 1 Dr. Mohd.
I quietly joined the two wires of the bomb and left it below my seat in the same carry bag.
12.93, which were registered in companycerned Branches of the CBI have revealed that these bomb blasts were outcome of a single companyspiracy.
He was again produced on 18.02.1994 and PW 62 HC Singh proceeded to record his companyfessional statement Ext.
In this companyfessional statement the accused stated about his association with A1 Dr. Jalees Ansari and about his acts of planting bomb at Humayun Nagar, Abid Road, P.S. and Secundrabad Railway Reservation Complex and also about his role in planting a bomb in the unreserved companypartment of A.P. Express on 06.12.1993.
In his companyfessional statement the accused stated about his association with A1 Jalees Ansari.
were used to ensure delay mechanism.
26.4.1994 Arun Bhagat Addl.
Ahmed Hussain, which revealed the facts that attracts Section 3, 4 and 5 of TADA besides others Sections of Law.
After 15 20 days, Illiyas called me in the residence of Papa at Khaniyar and gave me seven plastic tiffin types boxes in which explosives were filled and were made into bombs.
Further, bomb device was kept at Hyderabad Railway Station in Andhra Pradesh Express from Hyderabad to New Delhi, which exploded resulting in death of two passengers Abdul Majid and Smt.
P 160 again refers to the disclosure companying from the interrogation of A 1 Dr. Jalees Ansari.
P 513 was filed on 23.03.1998 against A16 Abrey Rehmat Ansari.
Thereafter the accused was sought to be produced before Chief Judicial Magistrate, Jaipur along with companyering letter Ext.
He told me that he has already arranged for ticket in Rajdhani Express.
P 4 was recorded by PW1 P. Chhatwal on 01.01.1998 and 02.01.1998.
P 10, Hotel Register Ext.
P 4 was recorded under Section 15 of TADA Act.
August 1993 A15 went to Gulbarga and informed A9 that A1 was reaching Gulbarga alongwith A8 the next day.
62.5 The prosecution has examined PW16 Smt.
P.C. was moved by PW 150 P.D. Meena that numberevidence was found regarding his involvement in the present matters.
He stayed at Hotel Delux at Baroda.
During my stay for 10 days at Jamal Alvis residence, I used to meet those people whenever they came to Jamal Alvi residence.
69.1 A 16 Abre Rehmat Ansari was arrested by PW 113 Jai Singh in companynection with some other matter and during his interrogation, his involvement in the present serial train blasts came to be known.
Re A 16 Abre Rehmat Ansari One Qamrul Hassan Kashmi was arrested on 17.12.1994 pursuant to warrant of arrest issued by Designated Court, Ajmer.
A15 Aizaz Akbar who was apprehended sometime in 1997, desired to make companyfessional statement.
D 162 of PS GRP Karjat.
A14 suggested to cause bomb blasts in important trains on the first anniversary of demolition of Babri Masjid.
Tahir was to accompany him upto Baroda Station.
Some circuits for timing had to be fixed in the bomb, I got them fixed by Afaq.
Neither at the stage when he was produced before PW 141 B.M. Gupta on 28.07.1994 number on 03.08.1994 or soon thereafter any companyplaint was made or objection was raised about number voluntariness of the companyfessional statement.
D 63 of PS GRP Malkajgiri.
Tuffail, Mohd.
2000/ to A1.
Saleem Ansari A 8 , DW 15 Mohd.
He told me that he, often visited Delhi and will meet me in Dausa.
Accused A 2 Ashfaque Khan, 3 Dr. Habib Ahmed Khan, A Mohd.
Said PW113 wrote letter Ext.
4000/ in all.
I met Jamal Alvi there.
Separate crimes including Crime No.336 of 1993 were registered.
04.12.1993 As per instructions of A1, A7 along with Md. Saleem absconder met A1 at the bus stand.
On 28th and 29th January, 1994, a companyfessional statement Ext.
P 434 435 of A9 Mohd.
I made an excuse to the companyductor that it is companygested and will number suit me.
I numbered down his address and telephone number and also gave my telephone number and address.
In order to prove its case, the prosecution relies on number of exhibits and testimony of various witnesses.
In that explosion near Kanpur Railway Station, two persons were injured.
Sd Supdt.
Ansari.
P.C. preferred by CBI seeking his discharge from Bombay Bomb Blasts Case.
I companyld number sleep.
At that time the wires were companyered with tape.
He, therefore, narrated how he and other accused had planned and executed the explosions that occurred on 5th and 6th December 1993.
The blast caused injuries to the various passengers and damages to the public property.
Therefore, the circumstances in the form of reservation form Ext.
241 A under Section 15 of TADA Act was recorded by PW 61 Prabhat Singh, DCP, South Delhi.
Sometimes in early December before the bomb blast in trains on 6/12/93 Abdul Karim had also companye to Bombay, I disclosed my plans for 6/12/93, he then told me that we should do something at Delhi on 26/1/94, so that some important persons companyld be killed for creating terror.
for trains and materials for making bombs.
1 Amount of Rs.3,000/ sent by A1 to A3 2 Application for passport made by A1 and 3 Reservation made by him in the name of Sameer in Rajdhani Express.
Whether accused A 1 to A 16 along with absconding accused during the year 1993 94, at above mentioned places in pursuance of the criminal companyspiracy intentionally made available bombs, explosive substances to companyaccused which were to be used for terrorist acts for causing bomb blasts in the above mentioned trains?
and number to disclose the secrets of the group.
He also showed me some packets of explosives.
P 246 and P 247.
Aizaz Akbar, A 16 Abare Rehmat Ansari Kari along with the absconding accused Sayed Abdul Karim, Mohd.
After keeping the bag, he came out.
P 290 and the testimony of PW 133 Dr. S.C. Mittal Hand Writing Expert this writing in Diary Ext.
When the Frontier Mail came I boarded the 1st Class companych in which I had a reservation in the false name of Sameer I travelled under this name and reached Bombay on 7.12.1993.
Director, FSL Ahmedabad and opined that Amonium and nitrate redicles, redicles of ammonium nitrate and the hydro carbons of petrolium oil mixture of high explosive were detected in the exhibits.
Likewise he instructed Shamsuddin and Zaheeruddin to plant a bomb at the Humanyu Nagar Police Station.
I told him how to cause explosion from it.
Jalees Ansari, A 11 Mohd.
of Police B.I. New Delhi Since the applicability of the provisions of TADA Act was also found to have been made out as regards other crimes, a fax message was sent by PW 62 H.C. Singh to SP CBI Lucknow on 14.01.1994 requesting that provisions of TADA Act be included and that A3 Habib Ahmed Khan and A4 M. Jamal Alvi be arrested.
of Police, Ranga Reddy Distt.
The retraction Ext.
The endorsement at the foot of that report in the handwriting of PW 62 H.C. Singh which document was exhibited at Ext.
As there was numberreservation for him in bus he left for Baroda by train.
Thereafter, on 01.03.1994 A1 Dr. Jalees Ansari was produced in TADA Court, Ajmer, Rajashthan but since the presiding officer was on leave he was produced before Additional Sessions Judge, Ajmer who gave two days remand.
In the circumstances, we have numberhesitation to hold that orders invoking provisions of TADA Act as evident from Ext.
Magistrate, Lucknow in respect of Arms and Explosives recovered from A4 M. Jamal Alvi.
and majority Hindu Community.
P. 184.
Amin, A 15 Mohd.
From there he would go to Surat to carry out a bomb blast in another train.
I enquired from them whether they were all right.
P 246 was to the following effect.
Dr. Jalees Ansari first told me to purchase a return ticket from Kota to Bombay for 1st class in Frontier Mail for 6.12.1993 in the name of Sameer.
Ramniklal Malukchand Shah Head Clerk, Retd. ,
PW 148 P. Kaushal was the Investigating Officer as regards both crimes registered at Lucknow.
Dr. Jalees then suggested to all of us present there that something drastic should be done to remind the Govt.
He however gave me 2 3 detonators which he was having.
500/ .
I reached Gulbarga Station on 5.12.93 at about 8.15 P.M. The Bangalore Kurla Express arrived at about 8.30 P.M. I boarded the trains alongwith the bomb in the carry bag.
End of September 1993 In a meeting that took place at the house of A4 in Lucknow which was attended by A1, A3, A6, A16 and others, it was decided to cause bomb blasts on 5th and 6th December 1993.
Soon after recording of the companyfession the companyfession was sent to the Court of Chief Judicial Magistrate and A7 was also produced before Chief Judicial Magistrate, in keeping with guidelines issued by this Court in Kartar Singh v. State of Punjab supra .
After this I met Jamal Alvi at Lucknow in Sept93.
Vide numberifications dated 21.12.1993 and 28.12.1993 the crimes registered by first Five FIRs, where the explosions had in fact occurred were transferred to Central Bureau of Investigation CBI, for short for investigation.
By subsequent order dated 03.08.1994 the accused was sent to judicial custody.
from Police Control Room.
The retraction Ext.
Hamid planted a bomb in the toilet and came out.
He took me to the seat also but I refused to accept it as I saw the bag companytaining the bomb, which Tahir had kept in the companych near the seat.
Zahiruddin Ahmed Ahmed, A Mohd.
On numbere of these two dates any companyplaint was made that either the accused was beaten or tortured or that his companyfession was obtained by exercise of any threat or companyrcion.
The format of the companyfession is also companysistent with the requirements of Rule 15 of TADA Rules.
An explosion occurred around 1050 p.m. on 05.12.1993 in Rajdhani Express running from New Delhi to Howrah.
Order RC No.
The companyfessing accused in said companyfessional statement accepted his role in planting of Bomb in the companypartment of A.P. Express on 06.12.1993 and that he was also having two other Bombs which were meant for use in K. Express on the same day but because of his ill health he companyld number use them.
In the afternoon Dr. Ansari asked me to go to market and purchase nails and plaster of paris.
69.4 The association of this accused with A4 and the fact that this accused had supplied explosive material to him and that this accused was present in the meeting of September 1993 and took active part thereafter stand fully companyroborated from the companyfessions of A4 and other accused.
Later, Shamsuddin and Azim also came to Bombay.
Sept 1993 A16 also brought seven bombs, a pistol and 7 hand grandes to Lucknow.
C 7, which exploded at about 5.15 AM on 6.12.93 between Indragarh and Amli Stations.
I kept all those materials in a steel box alongwith my clothes and reached Jammu by bus.
01.12.1993 At the instance of A1 one Md. Saleem Absconder went to Surat to survey Flying Queen train by booking a seat in a fictitious name Sadiq.
Station and waited for the Frontier Mail.
Tufail absconder attended a meeting at Srinagar and decided to do terrorist acts in State of Uttar Pradesh.
3000/ and said that I would sent the amount from Bombay either to Jamal Alvi or Dr. Habib.
It may be numbered that a telegram was sent on 18.01.1994 to the Honble President of India that said accused was in the companyfinement of CBI.
Whether in pursuance of the criminal companyspiracy accused A 1 to A 16 procured explosive substances and explosives and kept the explosive substances unauthorisedly in their possession in a numberified area for which they had numberlicence and manufactured bombs for unlawful objects and were kept unlawfully and maliciously to endanger life and property and for causing bomb blasts in the above mentioned trains for which the accused A 1 to A 16 are liable as members of the said criminal companyspiracy?
P 164 do support and companyroborate the companytents of the companyfessional statement Ext.
During this period I did number know as to how Jamal Alvi had planned for the bomb blast in UP.
P. CHANDRA SEKHAR REDDY, IPS.,
We do number find anything on record to doubt the companyrectness of said order Ext.
In support of its case, the Prosecution examined 150 witnesses, exhibited documents Ext.
19.11.1993 A1 sent sum of Rs.
On the requisition slip for reservation for return journey by frontier mail on 6.12.1993 from Kota to Bombay.
P 253 .
This was preceded by order of sanction Ext.
Apart from present accused Nos.9, 10, 11, 12 and 13, A1 Dr. Jalees Ansari, A8 Saleem Ansari and others were also accused in those Sessions Cases.
PW 132 L. Mukhi Hand Writing Expert has deposed that the endorsement and the signature in question were that of A3.
After living for 10 15 days I again went back to Kashmir.
At the Hotel, one person by the name Achhu Bhai received Tahir.
This time he told me that he had arranged for some material.
After 1 2 days, while returning from Delhi he again stayed at Dausa.
P 432 dated 20.08.1994 by PW 107 K.Vijaya Rama Rao, Ext.
In his companyfession, A16 stated his full name to be Abre Rehmat Ansari and that he was also known by name Kari.
Tahir had earlier gone to Baroda some days earlier to assess the security in Rajdhani Express.
It was kept in the Chair Car in the space between the seat and the companych wall.
66.3 Similarly, Register Ext.
On reaching Bombay, we came to know that bomb devices planted in Rajdhani Exp.
I told him that sending the materials was quite difficult.
He told me to go to the residence of Mohd.
P 257 are as under Dr. Jalees Ansari also taught us to prepare Tiffin box bombs with watch timer device.
Re A7 Fazlur Rehman This accused was arrested on 14.01.1994 in Mumbai and PW150 P.D. Meena had interrogated him on 04.02.1994.
Later after about 1 to 1 1/2 months I telephone to him and enquired about the explosive materials.
As per the plan Shamim was to board the train at Baroda and get down at Kota, after putting on the timer device of the bomb.
Timer and detonators were also fitted with them and for detonating the bombs, the two protruding wires were to be joined.
PW 141 opened the sealed envelope companytaining companyfession and having asked the accused about the companyfession, took signatures of the accused in acknowledgement on every page of the companyfession.
These two accused were immediately arrested and applications Ext.
It further found that sanctions to prosecute under Section 20 A 2 of TADA Act were also invalid.
All the four persons were to meet at a hotel in Baroda.
P 450 later in the Police Station invoking provisions of TADA Act.
Re A4 M. Jamal Alvi.
He also asked me and others to agree to the suggestion as Babri Masjid was an issue on which everybody should be united.
On 5.12.1993, Irfan, Hamid and myself left Lucknow for Kanpur, by bus.
P 438 under Section 20 A 2 of TADA Act by PW 107 V. Rana Rao.
PW 62 H.C. Singh gave him time of 24 hrs.
As per the plan Shamim boarded the Rajdhani Express at Baroda with the bomb.
After returning back Shamim, Tahir and Amin reported the developments to me.
These Gelatine sticks were used for the bomb blast at Railways Reservation Centre, Secunderabad, Gamdevi Police Station Bombay, in a local train at Matunga Rly.
P 159 of Dr. Jalees Ansari bears telephone No.
This accused was arrested on the same date like A3.
P 160 dated 15.01.1994.
The victim was seated in seat No.136 of D 1 companypartment whereas the explosive device was reportedly kept under the seat Sadiq for his journey from Surat to Bombay.
A15 took his friend A9 and introduced him to A1.
I then offered to companytribute Rs.
After reaching Bombay I went straight to my house.
The material recovered at the time of his arrest and during search and seizure was also made over.
Tahir was to accompany Shamim and Saleem as a helping hand upto Baroda.
The accused having expressed desire to companyfess, PW 145 K.S. Nair produced him before PW1 O.P. Chhatwal on 01.01.1998 and the companyfessional statement Ext.
The accused was given 24 hours time to think over the matter.
This fax message, Ext.
Plaster of paris.
P 157 was in the hand writing of A2 Ashfaque Khan.
PW 438 dated 14.04.1995 by PW 107 K.Vijaya Rama Rao, Ext.
P 291 and subsequent deposition in Court to be that of A7.
P 253 was recorded on 18.02.1994 and 19.02.1994.
Both these writings have been found by PW 133 hand writing expert to be of A1.
P 471 dated 25.07.1997 by PW 130 R.C. Sharma and Ext.
As per plan I had also booked three tickets in a bus from Bombay to Baroda on 4.12.1993.
I sent this message to Alvi at Lucknow who agreed to the proposal.
Saleem who was to go to Surat for causing bomb blast in train, had number reached the Bombay Central Bus Stand.
He had asked number to introduce him to any one.
P 257 on 17.11.1994 and 18.11.1994.
P 521 was preferred, PW 62 H.C. Singh was present in Lucknow and had disclosed the result of interrogation of A1 Dr. Jalees Ansari.
P60 of P.S. GRP Kota.
At about 705 a.m. on 06.12.1993 a bomb exploded in A.P. Express running from Hyderabad to Nizammudin.
Initially Dr. Habib and Afaq and some others were number agreeable to his as they felt that some innocent lives would be lost.
It found that there was numberprior approval in writing to invoke the provisions of TADA Act and as such the entire case had to be transferred under Section 18 of TADA Act to the companypetent Court for disposal.
P. 429 430 and of A13 Md. Yusuf Ext.
After companying back from Lucknow I had sent Rs.3000/ by post to Dr. Habib for passing on the amount to Jamal Alvi at Lucknow for the bomb blast proposed for 6/12/1993 during the meeting at Lucknow in Sept93.
P 172 was made by A3 who also signed in their presence.
P 469 for such prosecution was accorded by PW 128 D.R. Karthikeyan, Inspector General of Police and Director CBI, New Delhi.
P 10 reservation form are that of A7 Fazlur Rehman.
P 535, produced and marked 23 articles and relied upon companyfessions of Accused A1 to A16.
He directed us to go away immediately after planting.
This was about 15 20 days before 6.12.1993.
Soon after the blast that occurred at about 7.05 A.M. on 06.12.1993 at Moula Ali Railway Station in A.P. Express, an intimation was received by PW 117 P. Chandrashekar Reddy Supdt.
64.2 As stated above, insured envelope Ext.
He was number very happy as the bomb blasts carried out by us were of low intensity.
He was initially in charge of investigation regarding the crime registered at Ahmedabad as well, but was later replaced by PW 140 V.K. Bindal.
One bomb was in a Air Bag and the other in a Alfa Brief case.
He was from Allahabad.
1 Sd C.Singh dated 13.01.1994 Supdt.
Accused No.12 Mohd.
He was produced before the Judicial Magistrate on 15.01.1994 who directed that he be produced before the Designated Court, Kanpur which after he was so produced, by its orders dated 17.01.1994 and 22.01.1994 remanded him to police custody.
They had taken two rooms.
After returning back Ahmed sent Shamsuddin Baba Painter to see me at Bombay.
The accused submitted retraction on 25.8.1994 vide Ext.
I remained at Bombay on 6/12/1993.
On 13.01.1994 PW 62 H.C. Singh, SP, STF, CBI also came down to Mumbai from New Delhi and PW 145 K.S. Nair had discussion with him in the matter including the result of the interrogation of A1 Dr. Jalees Ansari.
62.4 Application for Passport made by A1 is on record vide Ext.
D 53 was filed against A15 Aizaz Akbar and six other absconding accused.
523 shows the writing signifying stay of one Samuel with address Kannamwar Nagar, Vikhroli, Mumbai.
He told me number to bother, so I agreed to the suggestion of Dr. Jalees.
P 471 dated 25.07.1997 under Section 20A 2 of TADA Act accorded by PW 130 R.C. Sharma, Inspector General of Police and Director CBI, New Delhi.
Accordingly after a few days sometime in Nov93, I had administered an oath to Afaq, Hameed, Irfan and Tuffail separately by asking them to keep their hands on Koran Sharif and recite the oath.
and asked me to give all materials to Jamal Alvi.
Later Tahir and myself boarded the train.
P 45 , P 246, P 247 and P 160 and Orders of Sanction under Section 20A 2 namely Ext.
2000/ for this work, which I provided after a few days in cash.
Outside the Police Station there was an STD Booth.
At about 04.30 AM the train reached PUNE Station.
I told him that while keeping the bombs in trains and also keep these packets, because if in case the timing device would fail these packets can cause explosions by getting fire.
During this period I decided to postpone the date from 31/7/93 to 13/8/93, just a few days before Independence Day so that the bomb blast would attract more attention of the Govt.
When the companych was nearing Kota Station at about 4.00 A.M. I went to the adjoining companych where Tahir had kept the bag companytaining the bomb device I quietly switched on the bomb device and got down at kota station.
He said he would try and arrange some explosive material for me.
Few days before my arrest I had given on bag companytaining some arms revolvers, Kattas, cartridges etc.
As he was short of some funds I gave him Rs.
This application had also included aforesaid provisions of TADA Act.
On the same day an application namely MA 72 of 1994 was preferred by PW 150 PD Meena seeking custody of A1 Jalees Ansari which was given to him by the Designated Court.
Shamsuddin Painter Baba, A 14 Mohd.
A1 Dr. Jalees Ansari was again produced the next day i.e. on 07.02.1994, when PW 62 H.C. Singh recorded his companyfession Ext.
I remained on the platform ad Hamid went inside one companych of Rajdhani Express going towards calcutta when it arrived at the station.
P 518 under his signature seeking police remand of the arrested accused.
The retraction stated that the accused was forced to sign some written plain papers which as far his apprehension companyld be used as companyfession.
64.3 The aforesaid circumstances lend companyplete companyroboration to the relevant companytents of the companyfessional statement Ext.
He was introduced to me as a mining companytractor from Rajasthan by Javed Ansari nephew of Shamim Ansari.
The companyfession of A1 also lends companyplete companyroboration.
I proceeded with my plans and arranged for bomb blasts at two Police Stations in Hyderabad and Azad Maidan Police Station in Bombay on 13/8/93.
Dr. Jalees Ansari then offered to give Rs.
During the meeting the companydition of Muslims particularly after the demolition of Babri Masjid and the attitude of Govt.
I left home at about 7.PM and went to the house of Shamsuddin.
After companysidering the entire material on record and hearing rival submissions, the Designated Court companysidered the matter in the light of following points Whether prior approval to apply the provisions of TADA Act as required under Section 20 A 1 of the TADA Act and sanction to take companynizance of the offence as required under Section 20 A 2 of the TADA Act is valid?
I told him to try.
PW38 Swami Dayal, who at the relevant time was working as clerk in the Post Office at Rae Bareili also stated that the writing and the signature of A3 as well as the attestation by PW37 Ganga Narayan was done in his presence.
From his interrogation, involvement of said A1 Dr. Jalees Ansari in the serial train blasts and that of A3 Habib Ahmed Khan and A4 M. Jamal Alvi was discovered.
He also gave me three packets companytaining some explosives, which he said can catch fire after sometime if acid is put in it.
They would be causing a bomb blast in train near Surat.
August 1993 A1 acquired 70 80 Gelatine Sticks, 25 30 detonators and 25meter of fuse wire from A2.
A1 handed over two bombs kept in a brief case and a bag to be planted in Flying Queen and Rajdhani Express.
I only heard the news through the media.
A3 supplied explosives to A4.
I was number agreeing to this also, but Kari told me that he will arrange everything and I only have to supervise the work of the boys, who will carry out the work.
P 247 was sent by H.C. Singh to Lucknow stating that disclosure of A1 Dr. Jalees Ansari revealed that offences were punishable under TADA Act and that Sections of TADA Act be invoked in RC43 and 44 s /93/CBI Lucknow.
Later one day I took Ashfaque Khan to nearby restaurant and enquired from him about the possibility of getting explosives from Rajasthan.
In the night at around 10 pm Hamid and myself went to the Railway Station.
D 144 and later on 09.01.1995 vide Ext.
At numberstage any companyplaint was made when the accused was produced before PW 146.
P 246 is valid exercise of power invoking the provisions of TADA Act.
They also told me that Aizaz had kept one bomb in Bangalore Kurla Express which did number explode.
This led to lodging of FIR No.132 of 1993 Ext.
He was however required to go to Hyderabad on 11.01.1994.
These three companyfessions were recorded in Crime No.336 of 1993, Abid Road Police Station, Hyderabad.
PW 145 K S Nair was the Investigating Officer as regards the crime registered at Hyderabad.
On 4.12.1993 when these persons were to leave Saleem felt that there should be one more person for his help.
P 160.
End of 1993 A15 along with A9 and A11 went to the house of A1 who gave them bomb material and Rs.1500 in cash.
2010 2013 of 1996 in this Court.
He also suggested that to start with bomb blasts companyld be carried out in important trains like Rajdhani Express through out the companyntry on 6.12.1993, the first anniversary of the demolition of the Babri Masjid to terrorise the Govt.
FIR No.595/1993 Ext.
Money for purchasing the ticket was provided by Dr. Jalees Ansari who also accompanied me to the house.
No.251/93 of P.S. Malkajgiri Sri P. Radha Krishna Rao, Sub Inspector of Police, Malkajgiri S., sent the companytents of the companyplaint given by Sri.
Later, he offered me a seat in the adjoining Chair Car.
Nisaruddin Ahmed A 10 , DW 5, Mohd.
Accordingly they were charged for having companymitted offences punishable under TADA Act and other enactments.
On 13.10.1999 the Designated Court passed Order framing charges against Accused Nos.1 to 16.
I gave him Rs.
We caused two bomb blasts at two Police Stations in Hyderabad.
At about 6 a.m. on 06.12.1993 an explosion took place in Flying Queen running from Surat Railway Station to Mumbai Central, near Bestan Railway Station causing injury to one person.
He told that it was Rs.4000/ including the money which he had given earlier.
3000/ , which Dr. Ansari had sent to him.
The accused exhibited 204 documents in defence.
After companying back to Bombay I started preparing for the bomb blasts to be carried out on 6.12.1993.
P 150 of P.S. GRP Valsad.
Having satisfied, I am permitting the S.I. to register the case U s 3, 4 and 5 of TADA besides other Sections of Law.
Some time after we reached the Hotel, Amin also reached there.
I then came to Hyderabad with Ahmed and Saleem, where I was introduced to one Shamsuddin Baba painter of Gulbarga.
He gave another bomb companytained in an Alfa brief case to Saleem.
I stayed for a night at Rae Bareilli and came to Lucknow with Dr. Habib and met Jamal Alvi at his residence.
I therefore, direct Sh.
P. 292 and the deposition of PW 132 S.L. Mukhi, Handwriting expert prove the writing and signature in the register in question to be that of A4.
251/Camp SP RR/93 dated 06.12.1993 Sub Cr.
A4 and Hameed went to the station, put a bomb in Delhi Howrah Rajdhani Express while next morning A4, A6 and Hameed put the bomb in Howrah Delhi Rajdhani Express.
He took lot of interst and told me that some of his friends in Gulbarga were also interested in learning the use of explosives and making bombs.
After Tahir got down I returned to my seat in the Pantry car and occupied the seat.
Re A 3 Dr. Habib Ahmed Khan Ext.
While in custody he was taken to Delhi where his companyfession Ext.
The material as above and the circumstances on record as well as the companyfessions of A1 and A3 lend companyplete companyroboration to the companyfession of A4 and the case against him stands established.
In these companyfessions, the companyfessing accused stated how they were associated with A1 Dr. Jalees Ansari and how they had assisted in planting bomb at Secundrabad Railway Station in September 1993 and in A.P. Express on the morning of 06.12.1993.
P 521 was submitted seeking remand for 14 days.
PW 34 Shankar Surolia, SP, CBI, SPE of Jaipur after having perused the seized documents and being satisfied about the applicability of provisions of TADA Act, issued following order Ext.
All the aforesaid six crimes were registered against unknown persons.
He told me to write any fake address on the requisition slip.
Sd C. Singh dated 14.1.1994 SP, CBI, STF NEW DELHI CAMP AT BOMBAY While PW 148 R.P.Kaushal was at SPE Headquarters at Delhi on 14.01.1994, he received information from PW 62 H.C. Singh who was then camping at Mumbai that he should go to Lucknow immediately.
Visiting Card Ext.
I discussed the plan with Ahmed when he came to see me at Bombay later.
After a few days Dr. Jalees Ansari again came to me and discussed about his plans to carry out some bomb blasts in Jul Aug93.
There were bomb blasts in various trains during the night intervening 5th and 6th of December, 1993.
SM Darji, Asstt.
He was accordingly produced before PW 141 Brij Mohan Gupta, Chief Judicial Magistrate on 22.11.1994.
68.1 The relevant companytents of companyfessional statement Ext.
The accused was again produced on 27.07.1994 on which date his companyfessional statement Ext.
The reservation in the Rajdhani Express from Baroda on 5.12.1993 was also in the name of Sameer I had travelled upto Kota under this name.
Saleem Ansari, A 9 Mohd.
In the lodge Dr. Ansari prepared two bombs, which were companyered by Plaster of Paris.
Initially this proposal was opposed by me and some other present in the meeting, on the ground that by such bomb blasts some innocent people may be killed.
He agreed to the suggestion of Dr. Jalees Ansari.
During these days only I met Kari in Lucknow.
Inclusion of these Sections of law is approved.
One or two days after returning to Bombay I met Dr. Jalees Ansari and informed him as to how bombs had been planted as per plan.
P 159 and a diary were recovered vide Seizure Memo Ext.
Abdul Karim had stayed in Rae Bareilli for some time.
Tahir had companye to Baroda earlier to survey the area and see the security arrangements at the Rly.
At the time of the arrest of A4, large quantity of arms and explosives were recovered.
D 153 .
Investigation revealed that the said suspect though reserved the seat but did number travel in this train.
R. D. Kalia, Inspector, CBI, Jaipur to proceed with the investigation accordingly.
As I was deeply hurt over the treatment given to muslims I agreed to join Dr. Jalees Ansari in his plans.
I also spoke to Aizaz who was working in Bombay and through him called for Ahmed of Gulbarga.
Azeemuddin though companyvicted and sentenced by the Designated Court was found to be juvenile on the date of occurrence in this appeal and as such his case stands separated.
Azeemuddin A 12 , DW 4 Mohd.
In the face of the testimony companying from POW 147 Mr. S.K. Kaushik, CMM, the retraction is unacceptable.
The seized articles included iron nails, clock pieces and the pieces of Alfa luggage etc.
Later on I reached Lucknow by train.
Rajkot Railway, had suffered head injuries on account of bomb explosion.
Just a few days before 6/12/1993, Kari gave me two bombs in plastic lunch boxes, which he had made.
On 17.02.1994 A4 M. Jamal Alvi was produced before PW 62 HC Singh as the accused wanted to make a companyfessional statement.
P 160 on 15.1.1994 directing addition of Sections 3 and 4 of TADA Act in the matter.
On my way back I stayed in Dausa for some time and companye back to Bombay.
I had decided that Shamim Tahirer and Saleem would plant bombs in these trains.
I also arranged for a bomb blast in Bombay on 11/8/93.
Later sometime in June93 I again telephoned to Ashfaque from Bombay.
P 7 has also been found by the Handwriting Expert in his opinion Ext.
The Designated Court had granted police custody till 07.01.1995 and from 07.01.1995 this accused was remanded to judicial custody.
2000/ for fare etc.
The aforesaid companyfession Ext.
For this I had purchased a return journey ticket from Kota to Bombay in first class in the name of Samir.
P 159 was recovered from the house of A2 Ashfaque Khan at Dausa vide Seizure Memo Ext.
He also received the aforesaid fax message Ext.
Saleem, who was carrying the bomb device, companytaining in an Alfa brief case given by Dr. Jalees Ansari, then went to the Flying Queen Express train standing at the platform and planted device in a companych.
Dr. Jalees Ansari enquired from me as to where the bomb blasts were number of high intensity as numberperson had been killed.
As he was agreeable to the plan I gave him one bomb which was in unfinished companydition.
D 1 came six months later on 26.06.1998.
He said he would send the money either to me or to Dr. Habib who would give the amount to me.
P 251 under Section 15 of TADA Act was recorded.
The retractions are also much later, the first being on 21.4.1994.
67.1 The relevant portions of the companyfessional statement Ext.
Sd dated 06.12.1993 Superintendent of Police, Ranga Reddy District To Station House Officer, Malkajgiri P.S. Copy to S.D. P.O Malkajgiri for inf.
It is relevant that after obtaining his custody on 28.02.1994 from Designated Court, Bombay, A1 was produced in Ajmer Court on 01.03.1994.
He also explained to me the use of these detonators.
14.11.1993 A reservation slip was filled and signed by A1 for reservation of a seat from Baroda to Delhi in Rajdhani Express leaving on 5.12.1993 for A7 in fictitious name Sameer and for his return journey on 6.12.1993 in Frontier Mail from Kota to Mumbai.
In all there were four orders namely Ext.
I discussed the decision that was taken at Lucknow with Jamal Alvi and others with my associates Shamim,Tahir, Saleem and Amin who were agreeable to the plan.
I told him that I had brought the materials and showed him all the materials, which were in my box.
Later I got preoccupied with my plans for 15/1/94 and did number give much thought for preparing any plan for 26/1/94.
I suggested that we should cause bomb blasts in prestigious trains like Rajdhani Express so that the upper class of Society which is mostly from Hindu Community is affected.
In the subsequent retraction it was alleged that the accused was tortured physically and mentally and that during his remand period he was forced to make some companyfessional statement and forced to sign on certain written papers and some blank papers.
3055704 against Dr. Abdullah.
Jalees Ansari, A 2 Ashfaque Khan, A 3 Dr. Habib Ahmed Khan, A 4 M. Jamal Alvi, A 5 Mohd.
I had told him that on telephone he should call for me by the name Abdullah.
Sometimes in Mid93 one Aizaz of Gulbarga, who was working with a travel agent Tawakkal travels, became friendly with me.
Hamir Ul Uddin Hamid, Mohd.
On 12.02.1994 A3 Dr. Habib Ahmed Khan was produced before PW 62 HC Singh in his office at New Delhi as he wanted to make a companyfessional statement.
Re A 15 Aizaz Akbar This accused was initially arrested by Bombay Police in companynection with some other case.
The companyfession of A1 also lends companyroboration on material particulars.
I then went to Delhi and Pilkhua.
P 250 are as under It was around this time that I met one Ashfaque Khan in the office of my brother in law, Shamim Ansari at Ghafoor Manzil.
A3 Dr. Habib Ahmed Khan was again produced the next day and his companyfession Ext.
He was thereafter sent to judicial custody and the retraction for the first time vide Ext.
On 16.02.1994 PW 103 K.M. Reddy, Deputy Commissioner of Police Hyderabad recorded companyfessional statements of A11 Md. Shamsuddin Ext.
On 01.09.1995 he was released on interim bail.
The Designated Court by its judgment and final order dated 28.02.2004 companyvicted and sentenced the accused for various offences as detailed in following paragraphs 537 to 543 of its judgment 537 Accused A 1 Dr. Mohammed Jalees Ansari, A 9 Mohd.
Abdul Karim had once told me that he knows one Dr. Mohd.
The order dated 26.04.1994 Ext.
The accused was again produced before the Designated Court on 4.03.1994 on which date he was remanded to judicial custody.
This led to registration of FIR No.251/1993 Ext.
During this period Kari had also met me on a number of occasions.
Dr. Jalees Ansari started a discussion on the injustice meted out to muslim companymunity on the issue of Babri Masjid, the situation created out of companymunal riots and the economic companydition of the muslims.
I took the above materials and after some days, a telephone call of Dr. Jalees Ansari came from Bombay.
The relevant portions of companyfession Ext.
PW 55 A.L. Lad, Postal Assistant, Hans Road Post Office Byculla, Mumbai was examined to prove Ext.
P 248.
On that day a number of boys who came to me for companyching or borrowing books for binding etc.
The Attendance Register Ext.
P 187 and Reservation Slip Ext.
P 257 to be valid and in companyformity with the requirements of law and guidelines issued by this Court and accept it to be admissible and reliable.
In Aug Sep 1993, Illiyas introduced Jamal Alvi, Tuffail and Sufiyan who came from Lucknow.
Dr. Jalees Ansari told that even than try to get it .
3000/ .
Shamsuddin Baba had told me that he would plant one bomb in A.P. Express at the same day.
On the platform at the railway station.
He asked me about the explosive materials.
PW 40 Prem Shankar Pandey, Manager Hindu Apna Hotel was examined by the Prosecution to prove writing and signature in the Hotel Register Ext.
I had gone to the residence of Jamal Alvi with Dr. Habib of Rae Bareilli towards the end of Sep93.
Tahirer returned back after seeing off Shamim.
ii RC 43 S /93/CBI Ahmedabad iii RC 37 S /93/CBI Jaipur iv RC 43 S /93/CBI Lucknow RC 44 S /93/CBI Lucknow En dt.
Zaheeruddin Ahmed Ahmed, A 10 Mohd.
P 256 bears testimony to such signatures.
He came to Baroda by bus.
When I came out I felt companyd as it was the month of December, so I went to a hotel near the railway station.
66.4 PW 33 Md. Sadiq, Partner of Firm named Faruq Impex where A7 used to work deposed in Court that A7 had number companye to the office on 3rd, 4th, 6th and 7th December, 1993.
He was later arrested in June, 2015 and is number being proceeded against separately.
D 142 and later on 09.01.1995 vide Ext.
Then we went to Humayun Nagar Police Station as suggested by Dr. Ansari.
In his first retraction the accused claimed that he had number given any companyfessional statement at all.
A16 brought arms and ammunitions from Srinagar to Lucknow and delivered the same to A4.
One boy namely Mustaq also met.
The companyfession was recorded the next day.
Hence , for better appreciation of facts and through investigation of the cases, the investigation in these cases STF, New Delhi will be the C.I.O of these cases.
The application Ext.
The case of the Prosecution against this accused stands fully established.
3000/ in an insured companyer form Mumbai to A3 to be handed over to A4.
The companyfession of A1 lends companyplete companyroboration to the companyfession of this accused.
P 253 are as under I studied at St. Johns College Agra, from where I did Com in 1963.
Thus, the accused persons have companymitted offences punishable u s 3 4 of TADA P 1987 in addition to Sections mentioned in the FIR.
Later, when Kari and myself came out for tea in a nearby hotel, he Kari told me that he was to go to Jaipur to carry out some explosions in Johri Bazar and Hawa Mahal.
This decision of the Designated Court dated 21.05.1996 was challenged by State of Andhra Pradesh by preferring Criminal Appeal Nos.
On my reaching Dausa, often about 1 to 1 1/2 month Dr. Jalees Ansari called me to Dausa at my residence over telephone.
PW 62 HC Singh gave him 24 hours time to think over.
He had kept these in a box in Alvis house where some books were kept.
and assist him in his terrorist and subversive activities, as my efforts in voicing the grievances of the companymunity and protesting agsint the attitude of the Govt.
When I gave my telephone Number and address to Ashfaque I had told him that I may speak to him in the name of Abdullah.
During this period I decided to postpone the date from 31/7/93.
P 521 therefore refers to all details and particulars gathered after such interrogation.
Shamsuddin A 11 , DW 20 Yusuf Khan.
In execution of such plan the bomb explosions did occur at Humayun Nagar P.S., Abid Road P.S. and Reservation Centre at Secundeabad.
600/ to 700/ for the ticket.
He was having some money in his pocket and gave to me.
Thereafter, PW 150 P.D. Meena applied before the Designated Court, Ajmer seeking production cum arrest warrant, which was accordingly issued.
On 02.02.1994 a companyfessional statement of A5 Afaque Khan, Ext.
5th 6th December 1993 A4, A6 and one Hameed absconder went by bus to Kanpur and stayed in Hindu Apna Hotel.
On my way back I again haulted at Dausa for some time.
Zaheeruddin Ahmed A 9 , DW 6 Mohiuddin Jamal Aliv A 4 , DW 7 Abre Rehamt Ansari, A 16 , DW 8 Mohammed Anis Ansari, DW 9 Javed Akhtar Ansari, DW 10 Jekahullah Ansari, DW 11 Mohamed Amin A 14 , DW 12 Rabani Aliv, DW 13 Sarafuddin, DW 14 Mohd.
Agaque was from Lucknow only.
In the companyfession Ext.
In his companyfession, the accused stated that he used to work as Computer Operator with M s Tawakkal Travels, Mumbai, that he was associated with A1 Dr. Jalees Ansari and that he had gone to Hyderabad alongwith A1 Dr. Jalees Ansari and had planted bomb at Humayun Nagar, Police Station and at Habib Road, Police Station in August, 1993.
On the main road, I took a room in the Hotel.
Tahir told me that he will accompany Saleem to Surat.
At about 9PM, I alongwith Saleem went to Abid Police Station in an auto.
He asked me whether, I was willing to join him in making this successful.
We number deal with approval Ext.
Oct Nov 1993 A11 from Gulbarga came to Mumbai, met A15 and informed that A1 had called him.
Immediately, search of the residence of A2 Ashfaque Khan was effected in which certain documents were seized indicating his companyplicity in the crime.
20803.
As directed by the Judicial Magistrate, he was then produced before TADA Court on 17.01.1994 which by its orders dated 17.01.1994 and 22.01.1994 remanded him to police custody.
Around 10/12/1993, Jamal Alvi, came to my house at Bombay and informed me about the bomb blasts in Rajdhani Express trains done by him.
P 4 are as under My full name is Abre Rehmat Ansari.
Dr. Jalees Ansari gave one bomb kept in an air bag of blue companyour to Tahir.
35/94/CBI STF, BOMBAY One Dr. Mohd.
There was a talk with Dr. Jalees Ansari in the restaurant and thereafter 2 3 days I came back to Dausa.
Dr. Jalees Ansari stayed at my residence for about one night and one day.
He had then selected a hotel where these persons were to stay.
Train and Flying Queen Express by me had exploded injuring few persons and damaging Railway property.
P 164 was also produced on record in support of such assertions.
FIR No.251 of 1993 was therefore registered for offences punishable under Sections 3, 4 and 5 of TADA Act besides other provisions.
He has written the word ABDULLAH in the card and stated that he will call over phone by name Abdullah.
P 255.
I also gave him about Rs.
8/94/STF BB/1396 Dt.
In 1970, I did MA in Political Science from Poona University and in 1973 I did MA in Economics also from Poona University.
He asked us to plant the bombs before 10 PM and leave for Gulbarga by 11 PM bus.
We, therefore, accept the companyfessional statements of Ext.
This Report Ext.
After few days ,Dr. Jalees Ansari and Saleem came to me.
Meanwhile, I had decided to plant Bombs in Rajdhani Express from Bombay to Delhi and Flying Queen from Surat to Bombay.
I gave them two bombs, one for Rajdhani Express and one for Flying Queen Exp.
P 450 was to the following effect PROCEEDINGS OF THE SUPRINTENDENT OF POLICE RANGA REDDY DIST.
Thereafter everybody was knowing me by the name Kari.
Jamal Alvi had told me Kari stays in Kashmir and is a representative of Hizbul Mujahidben.
PW 117 P. Chandrashekhar Reddy then went to Malkajgiri Police and dictated proceedings Ext.
An application was thereafter moved by PW 145 K.S. Nair for production of said Abre Rehmat Ansari and the accused was produced on 30.12.1997 and police custody was granted.
I was knowing from his talks that he was companylecting these materials for making bomb etc.
The accused was thereafter produced before the Designated Court, Ajmer and was sent to judicial custody.
Jalees Ansari arrested in 1 S /93/STF Bombay Bombay Bomb Blast case has disclosed that the planning and execution of bomb blasts in Rajdhani Express Trains near Kanpur on 5/6.12.93 was done by Jamal Alvi R o Chawal Wali Gali, Nakhas Chow, Lucknow and Dr. Habib R o Kaharon Ka Adda, Rae Bareli.
P 257 came to be recorded.
On 15.01.1994, he submitted an application Ext.
P 290 and the testimony of PW133 Dr. S.C. Mittal, hand writing expert further establishes that the writings in question on insured envelope Ext.
On 18.04.1995 an application under Section 169 Cr.
For facility, paragraphs 86 to 92 of the judgment of the Designated Court which set out charges against the Accused, are quoted as under After hearing both the parties, accused A 1 Dr. Mohd.
Saleem, Tahir and others.
During their meeting A1 disclosed his plan to cause bomb explosions at various places in Hyderabad.
I had also taken the packets of explosives given to me by Dr. Habib.
3000/ through insured envelope sent by and gave the money to A4 who in turn used it for purchase of bomb devices.
By that time Kari had also joined the meeting.
This led to filing of FIR No.765 of 1993 Ext.
The CBI thereafter re registered the crimes as R.C. No.43 S /93 of CBI Lucknow, R.C. No.44 S /93 of CBI Lukcnow, R.C. No.37 S /93 of CBI Jaipur, RC 43 S /93 of CBI Ahmedabad and RC No.32 S 93 of CBI Hyderabad against those registered under Serial No.
Tuffail and Sufiyan who met me at Kashmir were also there.
I was arrested by CBI on 13/1/1994.
Due to this I companylected the explosive materials and gave him.
We discussed about the plight of Muslims and the plans of causing disruptive activities which I was having in my mind.
P 158 which seizure was proved through PW32 R.D. Kalia, Inspector, CBI, Jaipur.
By then Tahir had taken journey ticket to see my companych number and seat number We kept waiting on the platform till the Rajdhani Express arrived.
Zaheeruddin was recorded by PW 105 Rajeev Trivedi in companynection with Crime No.636 of 1996, Abid Road, P.S., Hyderabad.
The testimony of PW 133 S.C. Mittal, Handwriting Expert establishes this fact.
I was taken there by Afaq who has a training institute in the same building.
While in custody his companyfessional statement Ext.
I came to Nakhas by cycle rikshaw from Lucknow Station and reached Phool Wali Gali.
P 255 was in companyformity with the recruitments of law and the guidelines laid down by this Court.
The witness stated that she had issued ticket in the name of Sameer on the basis of Reservation Slip Ext.
As instructed by Dr. Jalees Ansari, I reached the stall of National Tours and Travel on 1.12.1993 at about 7 P.M. There I met Dr. Jalees Ansari, Tahir and Saleem.
On 26.04.1994 an order was passed clubbing all five cases as they were found to be outcome of a single companyspiracy.
The retraction for the first time was made on 25.08.1994 vide Ext.
Sd Dr. Habib PW 37 Ganga Narayan, Post Man at Head Office, Rae Bareili stated that he had made endorsement at Ext.
I then went to Bombay Central Bus Stand and met Dr. Jalees Ansari.
I suggested that we should cause bomb blasts in important trains on the first anniversary of the demolition of Babri Masjit, Dr. Jalees Ansari liked the idea.
I told him that the material had been arranged.
Saleem and Amin travelled upto Surat, Where Saleem planted the bomb in the train at Surat Station.
On my reaching Lucknow, after around 2 days many people came into the house of Jamal Alvi to whom Jamal Alvi introduced myself.
The retraction further stated that the accused was never produced before any magistrate.
The order sheet, Ext.
As regards the receipt on insured envelope.
37 S /93 of SPE CBI Jaipur dated 15.01.1994 I have gone through the Case Diaries, documents and statement of accused Aspak Khan which clearly indicate that the accused persons Dr. Jalees Ansari, Shameem Ansari R o Bombay Aspak Khan R o Dausa and others companyspired with each other during the year 1992 93 to companymit the terrorist and destructive activities, to the harmony amongst different Sections of people of India by using explosives substances.
D 150 was made on 26.08.1995.
It may be mentioned that in the companyfessional statements of A3 and A4 there is a reference to one Kari who attended the meeting of September 1993 and Qamrul Hassan Kashmi was arrested on the suspicion that he was Kari as referred to in the companyfessional statement of A3 and A4.
It was decided to cause blasts in trains in Surat and A14 gave Rs.
The role and involvement of A3 Dr. Habib Ahmed Khan in the companyspiracy thus stands established.
He was to return back from Kota Frontier Mail on 6.2.1993 itself.
The reservation was in the name of Samir.
3000/ .
P 157 lend sufficient companyroboration to the statements made in the companyfession Ext.
P 255 was recorded.
From reading of the documents and other case papers he found that the provisions of TADA Act were attracted to the case and therefore prepared Report dated 08.01.1994 seeking approval for adding provisions of TADA Act.
He took this to Gulbarga.
They told me the bomb in A.P. Express was planted by Azim as Shamsuddin was number well that day.
On 26.07.1997 second supplementary charge sheet Ext.
P 259 was to the following effect ORDER Investigations in the under mentioned cases relating bomb blasts in prestigious trains on 5/6.
I taught Aizaz and Ahmed how to make bombs.
One more person, whom I later came to known was Amin of Madanpura came there after some time.
He gave me about 5kg explosive Barood 04 detonators and 4 timers.
P 230 and the fact that insured parcel of the value of Rs.3,000/ was sent to Dr. Habib, as aforestated.
My berth was a lower berth.
65.1 The relevant portions of the companyfessional statement Ext.
The companytents of the companyfessional statement as well as the certification companypletely establish the satisfaction of the Recording Officer about voluntariness of the companyfession which part is companysistent with the requirements in law.
Saleem and myself reached Surat at about 4 AM on 6.12.1993.
The first part of the statement was recorded by one Nepal Singh in his handwriting.
Dr. Jalees Ansari also pointed out the switch on in the bag and the brief case which were to be put on to put the bomb device into action.
As Amin was keen to go it was decided that he would assist Saleem.
Out of the aforesaid six incidents, the explosion that occurred at Maula Ali Station in Hyderabad had caused death of two persons.
At about 5 a.m. in the morning of 06.12.1993 an explosion took place in Rajdhani Express running from Howrah to New Delhi in Kanpur Division.
Since the Judge presiding over the Designated Court was on leave, he was produced before Additional Sessions Judge who gave him two days remand.
Ashfaque Khan gave me about 70 80 Gelatine sticks.
P 431 432 .
He used to speak ill of Hindus, that is why I companye under his influence.
and attract lot of publicity also.
66.1 The relevant portions of the companyfessional statement Ext.
I came to know about the bomb blast in the Rajdhani Express between Kota and Sawaimadhopur Stn.
He also told me that as it was decided earlier, use these bombs on 6th December, 1993 in trains or some other good places.
I stayed for around 10 days at Jamal Alvi residence.
Then Saleem left for Bombay by bus and we then left for Gulbarga bus at 11 PM.
P3 dated 26.12.1997 to the Superintendent of Police, STF, CBI, New Delhi informing about the arrest of Abre Rehmat Ansari and about his involvement in train bomb blasts cases.
Yusuf, A 14 Mohd.
P 7 of Shri Anand Hotel at Kota which was seized vide seizure memo Ext.
He came to me and checked my ticket.
29/99 , Lucknow.
Later, Dr. Jalees Ansari asked me to take up the responsibility of carrying out the bomb blasts in Rajdhani Express trains in UP.
The report of the Handwriting expert at Ext.
On 26.07.1994 A7 Fazlur Rehman was produced before PW 62 H.C. Singh in the office of Superintendent of Police, CBI, Jaipur as the accused wanted to make a companyfessional statement.
The accused was thereafter produced before the Designated Court, Ajker on 29.05.1997 and police custody was granted.
Jalees BTT Chawl addressed to Dr. Habib, Kaharonka Adda, Rae Bareily and bears stamp of HANSROAD P.O. with date 19.11.1993.
P230, Passport Receipt Ext.
He also wanted me to organize some bomb blasts on fixed dates at Lucknow also.
These circumstances through documentary evidence on record stand proved and lend sufficient companyroboration to the companytents of companyfession Ext.
The proceedings dated 4.03.1994 bear the signature of A1, which fact is admitted by him.
to my younger brother Laeeq Ansari for safe custody.
that the Shrine of Babri Masjid was alive and injustice was being done to muslims.
However, since Chief Judicial Magistrate was on leave, the Additional Chief Judicial Magistrate directed that the accused be produced on 22.11.1994.
Afaq Khan, A 9 Mohd.
Azeemuddin Azeem, A 13 Mohd.
PW 141 B. M. Gupta, Chief Judicial Magistrate, Jaipur before whom the accused was produced has testified about such production and also that two sets of signatures were taken of this accused in the proceedings before said PW 141.
He also gave me about Rs.
Bus ticket for bus journey to Baroda had been purchased by Dr. Jalees Ansari and given to Tahir.
P 266 dated 25.08.1994 was thereafter filed in the companyrt of Designated Court, Ajmer, Rajasthan against accused Nos.1 to 13.
P 437, P 438, P 469 and P 471 to be valid and in accordance with law.
He was still number able to arrange the material.
In the requisition slip I gave a fake address of Vikhroli and returned the balance amount with the ticket to Dr. Jaless Ansari.
Tahir and Saleem returned back to the Hotel and informed me that Shamim had left for the target.
D 159 is dated 20.08.1995 nearly one and a half year later and states that his signatures were obtained on blank papers after he was badly tortured and that he had never given any companyfessional statement.
However Dr. Jalees denied meeting me earlier.
and the people and avenge the demolition of Babri Masjid.
Dr. Jalees Ansari went to Delhi from there.
Sometimes in August 93 when Dr. Jalees Ansari, Tahir and myself were discussing about the ways to take revenge for the demolition of Babri Masjid and create terror among the people.
Illiyas called me to meet them at University Ground.
Dr. Jalees Ansari also spoke to the boys present during the meeting namely Afaq, Tuffail, Irfan and Hameed, they became very enthusiastic.
Saleem had gone to Surat and booked a seat for himself in the name Sadiq on 1.12.1993 in 2nd Class of Flying Queen Express of 6.12.1993.
Dr. Jalees Ansari asked me to accompany Mohd.
P 172 is a document from Rae Bareili Post Office with endorsement in Hindi, which according to prosecution was in the hand writing of A 3 Dr. Habib, to the following effect Ek Kita No.540 Kimti 3,000/ Teen Hajaar ka seal band Durust Paya.
According to expert opinion Ext.
Zaheeruddin Ahmed Ahmed, A 11 Mohammed Shamsuddin Painter Baba, A 12 Mohammed Azeemuddin Azeem, A 13 Mohammed Yusuf are guilty of the offences punishable u s 120 B I.P.C., Section 3 2 i , 3 2 ii , 3 3 , 5, 6 1 TADA Act, 1987 Sections 302, 307, 326, 324, 436 I.P.C., Sections 3,4 Explosive Substances Act, Sec.
A16 was thereafter produced before PW146 Prem Kumar, CMM, Delhi.
Re A14 Md. Amin This accused was initially arrested in September, 1994 by CBCID Bombay in companynection with some other case and having companye to know about such arrest PW 150 P.D. Meena moved an application on 10.10.1994 before the Designated Court, Ajmer seeking his production warrant, which was accordingly issued.
It was a pantry car.
After 10 12 days Dr. Jalees Ansari came to dausa.
P 514 dated 03.01.1998, we have numberhesitation in discarding said submission.
I stayed in the hotel till around 1230 P.M. As I companyld number sleep well I left the Hotel and came to the Rly.
On meeting Dr. Jalees Ansari I was reminded of a person similar to Dr. Ansari, whom I had met at Bombay, I told Dr. Jalees that I had earlier met him at Bombay.
Saleem, Nisar Ahmed Ansari Tahir Ahmed, during the year 1993 94 on various dates entered into criminal companyspiracy at Bombay, Lucknow, Kanpur, Dausa, Baroda, Surat, Kota Hyderabad, Gulbarga and other places to terrorize the Government of India, to strike terror in the people, to adversely affect the harmony amongst Hindus and Muslims by keeping bombs, explosives substances on 5.12.1993 and 6.12.1993 in important trains of India viz.
On the same day, A6 Irfan Khan was produced before PW 61 Prabhat Singh and his companyfessional statement Ext.
300/ to clear the Hotel Bill.
According to the hand writing experts opinion Ext.
I only know that he was also residing on Souter Street.
P. 427 428 of A12 Md. Azeemuddin Ext.
All the other accused namely A 1 to A 5, A 7 to A 11 and A 13 to A 16 are presently in appeal.
However numbermajor injury was suffered by anyone.
A2 Ashfaque Khan was called for interrogation.
When A1 Dr. Jalees Ansari was arrested in companynection with Bombay Blast Case, 7 firearms, 2 grenades, 20 detonators, live cartridges, plastic bag companytaining explosives and timer device were found during search and seizure.
On 28.02.1994 A1 Dr. Jalees Ansari was produced before the Designated Court, Bombay with application under Section 169 Cr.
Shamsuddin Painter Baba, A 12 Mohd.
Having gone through the material on record including the certification and satisfaction about voluntariness of companyfession, we are satisfied that the companyfessional statement Ext.
I gave him the platform ticket.
The companyfession further goes on the narrate his involvement in the crimes.
P 255 are as under After this, sometime in Nov93 Dr. Jaless Ansari met me and told me that he has planned to cause bomb blasts in prestigious trains throughout the companyntry on 6.12.1993, the day Babri Masjid was demolished a year back.
So understand that it was his phone call.
He enquired about the explosive material.
And he would organize the bomb blasts in other parts of the companyntry.
In this application, he had included the provisions of Sections 3, 4 and 5 of TADA Act.
Afaq Khan, A 6 Irfan Ahmed, A 7 Fazlur Rehman Sufi Asharfi E Shamin, A 8 Mohd.
Later I went to Bombay and joined as Lecturer in JMC Anjuman College of Commerce, Bombay.
He was known to Tahir as Tahir had companye to Baroda earlier and stayed in this Hotel.
1, 2, 3, 4, 7, 14, 15 and 16 thus stands fully established.
It was decided in the meeting that Bomb Blast would be caused in trains.
When I came back to Kashmir after getting training from Pakistan then Illiyas kept my name Kari and told all his companyleagues about it.
On the way to Baroda Tahir told me that Saleem will be going to Baroda with us.
PW 37 Ganga Narayan, PW 38 Swami Dayal have testified that the endorsement in the Hindi appearing at Ext.
The case of the Prosecution against aforementioned Accused Nos.
P 1 to Ext.
P 251 was recorded on 12.02.1994 and 13.02.1994.
The charge sheet also included sanction order dated 19.09.1994 passed by the Deputy Commissioner of Police, Mumbai under Arms Act in respect of various arms recovered from A1 Dr. Jalees Ansari and sanction order dated 22.07.1994 passed by Distt.
700/ to Rs.
P 230 which bears No.0540 and was sent by Dr. Mohd.
He having desired to companyfess PW 150 P.D. Meena produced him before PW 62 H.C. Singh who recorded companyfessional statement Ext.
was discussed and it was decided that something should be done on 6/12/93 to remember the demolition of Babri Masjid one year ago and remind the Govt.
P 426 of P.S. GRP Allahabad which was later re registered as FIR No.597 of 1993 of P.S. GRP Kanpur.
PRESENT SRI.
On 04.03.1994 A1 Dr. Jalees Ansari was produced before TADA Court which remanded him to judicial custody.
His custody was thereafter given on 27.10.1994 and the accused was brought to Ajmer and produced before the Designated Court on 28.10.1994 on which date police custody was granted.
On reaching Lucknow on 15.01.1994 PW 148 R.P. Kaushal came to know that A3 Dr. Habib Ahmed Khan and A4 Jamal Alvi had been arrested on 14.01.1994 by Lucknow Branch of CBI.
He was the mastermind and main architect of the companyspiracy.
of Police SPE, CBI, Jaipur The provisions of TADA Act thus stood invoked in all the crimes.
Sometimes in Sep93, just a few days before the meeting, in which decision was taken to plant bombs in prestigious trains on 6.12.93, Kari had companye to my house.
Two of these boys were Afaq and Tuffail.
that the issue was alive.
and will utilize it for illegal purpose but I came under his influence.
People also call me by name Kari.
On 5.12.93 I told my family that I was going to Hamdabad to attend marriage of one of my friends.
During the meeting Dr. Jalees spoke about the plights of muslims in the companyntry and the atrocities companymitted during the companymunal riots particularly after the demolition of the Babri Masjid and the need for taking some action to terrorise the Government.
A supplementary charge sheet Ext P 267 dated 18.04.1995 was thereafter filed against A14 Mohd.
I would have to travel in the train and put on the device near Kota and get down.
He told me that Tahir was number willing to travel in the train and wanted someone else to travel in the train and carry out the bomb blast.
PW 145 K.S. Nair reached Ahmedabad on 28.12.1993 and sent a requisition on 29.12.1993 to the Director, FSL, Ahmedabad and received Report Ext.
Similarly, at the time of arrest of A4 Jamal Alvi, certain arms and explosives were recovered.
P 444 recorded by PW 109 K.V. Reddy, the companyfessing accused accepted his role in Bomb Blasts of Humayun Nagar Police Station and Abid Road Police Station and that he was also associated in planting the Bomb on 06.12.1993 in A.P. Express.
Amin in the Designated Court.
I then went to him after 10 12 days.
Killing or injuring of some people in trains would terrorize the people and govt.
I agreed to organize bomb blasts in trains in other parts of the companynty.
He pointed out to me the bag companytaining the bomb device.
With a polythene bag in which I had kept my clothes.
PW 62 H.C. Singh gave him 24 hours time to think over the matter.
The companyfessional statement Ext.
He also gave me Rs.
He asked me whether I companyld arrange for the same.
I agreed to this and told him that I would do something.
I gave materials to him which I had bought from village Guddu Chadar.
Saleem to look for him.
On 28.08.1994, PW 107 K. Vijaya Rama Rao, Inspector General of Police and Director CBI accorded sanction Ext.
The role of this accused in planting a bomb in Bangalore Kurla express as part of the larger companyspiracy stands established.
P 469 dated 27.02.1998 by PW 128 Karthikeyan, who were Directors, CBI at the relevant time.
Some of those present also raised the question of funds for purchasing tickets etc.
Later, I came to know that his bomb had been thrown out from the train by passenger.
3000/ by post on around 18 20th Nov. I gave this money to Jamal Alvi in Lucknow.
The device was thrown out of the Railway companypartment and as such did number cause any damage.
The companytemporaneous record also fully establishes and supports this part and the submission that these approvals were brought about subsequently is rejected.
02.12.1993 A1 booked three tickets in a bus leaving Mumbai on 4.12.1993 to Baroda.
69.2 Relevant portions of the companyfessional statement Ext.
P 189 with entry regarding A1 was also placed on record.
Later, Shamsuddin came back around 1.12.1993 and asked for one more bomb, which he said he would get planted in a train at Gulbarga through Aizaz, who had by then returned to Gulbarga.
I had also reserved a seat for Shamim in Pantry car of Rajdhani Express Bombay to New Delhi on 5/12/1993.
I also raised the question of funds for organizing these bomb blasts.
P 307 of P.S. GRP Kanpur was accordingly registered.
P 159 were in the hand writing of A1.
P 247 was as under FAX MESSAGE TO SP CBI LUCKNOW FROM SP CBI STF NEW DELHI CAMP BOMBAY REF NO.
The said material was black explosive and one pistol.
The Bomb blasts had also created a terror in the people.
In the face of the deposition of PW 146, Prem Kumar, CMM and proceedings Ext.
Thereafter CMM, Mumbai granted custody on 07.07.1994 and the accused was accordingly produced before the Designated Court, Ajmer which granted police custody.
The case against A7 thus stands fully established.
The accused produced twenty witnesses namely DW 1 Mohammed Jalees Ansari A 1 , DW 2 Mohammed Yusuf A 13 , DW 3 Mohd.
Later the bomb blast at Railway Reservation Centre was done by Shamsuddin Baba Painter on his own.
62.7 Further, visiting card Ext.
PW 117 P. Chandrashekar Reddy, Superintendent of Police, Ranga Reddy Distt, on receiving information from Police Control Room reached the site at about 830 a.m. on 06.12.1993 and dictated proceedings Ext.
He had companye from Kashmir and had brought a box, which he told me companytained some shawls and pashmina materials from Kashmir.
He told me that he would tell me the final programme on 2.12.1993.
63.1 The companyfession Ext.
PW 146 Prem Kumar, CMM deposed that he had asked the companyfessing accused, who admitted the companyfessional statement to be his, that there was numbermisconduct or physical torture and that the companyfessional statement was bearing his signature.
Jalees Ansari also gave me his card, which has just been shown to me.
If some persons from this class are killed or injured, it will create a lot of impact.
Around 8P.M. Tahir, Saleem and myself left for Baroda by a deluxe bus of National Tour Travels.
He asked me if I companyld do this.
Consequently, the companyviction and sentence recorded by the Designated Court against each of these Accused, namely A1, A2, A3, A4, A7 ,A14, A15 and A16 is maintained and the appeal at the instance of each of them stands dismissed.
68.2 The companyfession of this accused is fully supported and companyroborated by the companyfession of A1.
In the Hotel Register I made an entry in the fake name of Steven Samuel, a Christian name.
Later I went to Dausa on my way to Delhi.
After a few years I left the job and started my own business which I left in 1970, after my partner expired.
We all people dispersed and thereafter Dr. Jalees Ansari sent me Rs.
Sometime in Aug93, Saleem r o Madanpura and myself went to Gulbarga, where we met Aizaz, Ahmed and one Azeem.
Out of the aforesaid six FIRs only FIR No.251 at 1993 of PS GRP Malkhajgiri was registered for offences under TADA while the provisions of TADA were number initially invoked in rest of the FIRs.
After filing of the aforesaid charge sheet A14 Md. Amin was apprehended.
Accordingly A15 went to the house of A11 who gave him a bomb which was kept in a carry bag.
Saleem and came to know that he had already left the house for the bus stand.
The registration formalities were companypleted by Dr. Jalees Ansari in the lodge.
I had left Hyderabad before the actual bomb blasts took place.
It further shows the involvement and the important role played by this accused at every stage.
Sometimes in oct nov93 after the meeting in which it was decided to cause bomb blasts in trains on 6.12.1993 Kari advised me to administer an oath to the boys who were present in the meeting, to fight against the Govt.
Dr. Ansari himself left for Bombay by bus at 430 P.M. It was in August, 1993.
Even them we looked for companyroboration from circumstances proved on record.
When the train arrived Tahir boarded the train and keep the bag companytaining the bomb in the chair car companych adjoining Pantry Car PC2 in which I had my reservation.
PW41 Tahir Raza Abdi, Travel Agent has stated that A1 Dr. Jalees Ansari had companye to him around on 27.09.1993 with A5 Afaque Khan with a request to make his passport.
The witness further stated that he had obtained signatures of A1 on the photograph and on the application.
Saleem told me that he had reserved a seat in the companych earlier.
He told me to take all the materials to Lucknow and give it to Jamal Alvi at his residence.
The tickets were purchased by Saleem.
Jamal Alvi told me that he would do something on that day at Lucknow.
I agreed to this Dr. Jaless Ansari told me that Tahir would be keeping the bag companytaining the bomb in the train at Baroda Rly.
247 Fax message had named A3 who was then arrested on 14.01.1994 from Rai Bareili and produced before the Judicial Magistrate of Lucknow.
I had used the name Crush India Force for these activities.
A device meant to cause explosion was detected by a watchful passenger in Bangalore Kurla Express while the train was near Karjat Railway Station.
The prosecution has also placed on record the receipt dated 28.09.1993 acknowledging receipt of Rs.3,000/ issued by Passport Office Lucknow which is at Ext.
On the same day a companyfessional statement Ext.
He said that mostly people from the upper class who are from the majority Hindu companymunity travel in these trains.
P 291, the writing and the signature appearing on Ext.
Surat Flying Queen and Secunderabad Hyderabad A.P. Exp.
My father name is Noor Mohd.
During the meeting Jamal Alvi took the responsibility of organizing bomb blasts in prestigious trains like Rajdhani Express in UP.
The companyfessional statements of each of these accused which are found to be admissible in law, themselves are sufficient to establish the case of the Prosecution against them.
The later retraction dated 09.01.1995 stated that he was forced to sign on certain papers, the written matter was neither described number shown to him.
He was brought to Delhi on 30.05.1997 and kept in custody.
It was stated in the companyfession that A5 Afaque Khan was present in a meeting held in the last week of September 1993 which meeting was attended by A1 Dr. Jalees Ansari, A3 Dr. Habib and A4 Dr. Jamal Alvi and others in which it was planned and decided to cause explosion of bombs in long distance prestigious trains.
Kari gave me three packets of explosives and told that it can catch fire after the pouring of acid and it can cause explosions.
Nov 1993 A1 informed A14 regarding plans to cause bomb blasts in important trains on 6.12.1993 in association with Mohd.
His brother PW42 Sikandar Mirza proved the relevant entries in the register and the fact that he had deposited fee of Rs.300 in the Passport Office on 28.09.1993.
Later sometimes during November 1993 when I met Dr. Jalees Ansari, he informed me that he was working on a plan to cause bomb blasts in important trains on 6.12.1993.
This entry at Ext.
Irfan was also with them who was from Lucknow.
I gave one bomb to Shasuddin on 2.12.1993.
2 3 times I also visited Nadwa Hostel alongwith Abu Bakar.
Amish Piyushkar Shah aged about 23 years R o Vanktash Appartment 7/A Ami Falia Surat, the attendant of the companyplainant Shy.
He told me that it companytained some potash and sugar.
I had kept the said paper safely.
62.3 The insured envelope in which amount of Rs.3,000/ sent was brought on record at Ext.
P 250.
63.3 The recovery of visiting card Ext.
Saleem who was to plant a bomb in Flying Queen Express at Surat Railway Station.
The retraction came a month later on 05.07.1997 vide Ext.
I then went to the residence of Mohd.
Dr. Jalees Ansari instigated my religious feelings by talking about religion.
P 59 and the passenger was allotted Seat No.1 in Compartment PC 2.
I then came out of the train and took an auto from outside the Railway Station and went to Ruby Hospital.
I travelled in the general companypartment of the train and reached Baroda at about 6 AM on 5.12.1993.
Dr. Habib also told us number to bother about money.
P 159.
He had taken my address and telephone number.
Relevant documentation namely, the entries in his register at Ext.
I companytacted Tahir, Saleem and Shamim at Hotel Deluxe which was near a Masjid close to the Railway Station.
Jamal Alvi told me that he would do something on that day at Lucknow.
He told me that this was to protest against the demolition of Babri Masjid and to take revenge against Hindus.
247 regarding addition of Sections 3, 4 and 5 of TADA Act in both the cases.
were present.
He also introduced me to one Ahmed of Gulbarga.
One Tahir was to carry out bomb blast in Rajdhani Express, Bombay to Delhi, near Kota.
He said that if funds are number available he would companytribute Rs.
He came out of the companych after companynecting the wires and activating the device.
P 250 deals with and throws light as regards all stages of the companyspiracy as projected by the Prosecution.
I gave all the 3 packets to Jamal Alvi after sometime.
He wanted me to companye out openly against the Govt.
Dr. Jalees Ansari had also taught us to make bombs from plumbing pipe.
P 518 and P 521 fled for their remand clearly mention the provisions of Sections 3, 4 and 5 of TADA Act.
He also told me to use the materials for causing blasts at appropriate place.
The companyfession refers to three circumstances in respect of which material is available on record.
Immediately on the next date, a fax message Ext.
At day time I also used to go for walk.
I also met there one Abdul Wahid Yusuf, who had already studied there.
After surveying, we returned to the lodge.
He was also the Investigating Officer regarding the crime registered at Jaipur but was later replaced by PW 150 P.D. Meena.
The remaining arms explosives out of the lot, which I had procured from time to time were in my residence and were seized by CBI.
One Abdul Hamid s o Hakim Obaidullah who was working in my dispensary also told me that Dr. Habib of Rae Bareilli was his grand uncle Nana .
We waited on the platform at the Staion for about an hour.
P 1 are as under We left for Hyderabad at about 11 PM and reached there at about 7 AM and stayed at President Lodge near Mauzam Jahi Market.
P 1 of this accused was recorded on 01.06.1997 and 02.06.1997.
However after it was found that he was number in any way involved in the matter, aforesaid application under Section 169 was moved.
He told me that initially all of us will have to go to Baroda.
Later , both Saleem and Amin came back to Bombay, Shamim came back to Bombay a day later.
However according to the Record, A5 Afaq Khan was arrested at 10 p.m. on 20.01.1994 by Delhi Police in companynection with Case number 46/94 of P.S. Malviya Nagar, New Delhi under Sections 3, 4 and 5 of TADA Act.
Considering the fact numbercomplaint was made on the day he was produced and the retraction for the first time was done nearly one and half year later, we reject the submission that the companyfession was brought about by torture or companyrcion.
3000/ .
Later I came back to Bombay and companyld number meet Alvi for a long time.
P 506 dated 30.12.1993.
D 2 stating that the companyfessional statement was obtained by employing third degree method and his signatures were obtained on blank papers.
I came back and occupied my seat but I companyld number sleep well as I had to switch on the bomb device and get down at Kota.
He had given his address in writing.
The companyfession of A2 stands fully companyroborated by circumstances on record and by the companyfession of A1and the case against him stands fully established.
In his companyfessional statement the accused disclosed his association with A1 Dr. Jalees Ansari and how the said accused was taught by him to make bomb devices.
While in Hyderabad, he came to know about arrest of A1 Dr. Jalees Ansari on 12.01.1994 in companynection with Bombay Blast Case.
One Kari, who I later came to know was from a village close to my native village, joined us later.
D 152 was made for the first time on 25.11.1994 followed by another retraction Ext.
Aizaz Akbar A 15 , DW 15 Anwar Jamal Alvi, DW 17 Asharfi Fazlur Rehmman A 7 , DW 18 Mohammed Afaq A 5 , DW 19 Mohd.
The record indicates that thereafter on 17.07.2001, at the request of State of Andhra Pradesh, the aforesaid appeals were allowed to be withdrawn and companysequently numberice issued to the then Commissioner of Police stood discharged.
through articles in Newspapers, magazines and books had failed.
P 172 after the writing and Signature of A3 Dr. Habib and that the writing and the signature were put by A3 in front of him.
He further stated how he had planted bomb in Bangalore Kurla Express.
I had sent the amount sometimes in mid Nov93 but I had number received any information about their exact plan.
In short period I took him into companyfidence and discussed my plans with him.
The substance of the oath was I will number do anything against the law of Islam, I will number misuse the money given to me for the cause of Islam and I will number disclose the secrets of our group.
After the meeting Kari showed me one imported pistol which he had brought from Kashmir.
He had taken the material from me in Bombay.
The accused was thereafter produced on 02.06.1997 before PW1 P.Chhatwal who recorded his companyfession Ext.
He said that this can be used to cause bomb blast in case the timing device fails.
It was stated in the companyfession that after companypleting his MBBS, he had initially joined service as Doctor in Public Health Department and later did private practice, that he had planted a bomb in Malegaon for which he was arrested and later released on bail, that during the year 1992 1993 he companytinued to plant bombs at various places in Mumbai and in trains which claimed some lives, that he met A2 Ashfaque Khan who supplied him detonators and gelatin sticks.
He, therefore, went to Mumbai on 13.01.1994 and reached STF Office at 700 pm.
I enquired from him whether the blasts were number powerful as numberpersons had been killed.
It was stated that he had received training in Pakistan where they were instigated to indulge in subversive activities, that he participated in four firing incidents at CRPF BSF bunkers, that in Aug Sep 1993 he was introduced to A4 M. Jamal Alvi, that he had supplied him arms and explosives in Oct Nov 1993 and that he had also supplied 5kg of explosives, 4 detonators and 4 timers to A4 M. Jamal Alvi.
According to the plan Shamim, Tahir and Saleem left Bombay by bus.
Habib of Rae Bareilli, who was also interested in taking up the cause of Muslims and some direct action against the Govt.
The explosion took place exactly at 6.00 AM when the illfated train reached Bheistan Rly.
This incident led to registration of FIR No.91 of 1993 Ext.
62.6 The opinion of the hand writing expert at Ext.
I stayed with Saleem.
An explosion occurred at about 515 a.m. on 06.12.1993 in Rajdhani Express running from Mumbai Central to New Delhi near Kota Railway Station which caused injuries to five persons leading to registration of FIR No.174 of 1993 Ext.
P 230 was sent by A1 Dr. Jalees Ansari to this accused and Ext.
RC 32 S /93/CBI Hyderabad.
Later, they all agreed as it was felt that demolition of Babri Masjid was an issue on which some lives companyld be sacrificed and all of us should be united on this issue.
Aug Sep 1993 A4, A 16 and one Mohd.
In all there were reservations for 11 passengers including the suspect and the victim in the said D 1 bogie.
PW 145 K.S. Nair, who was carrying with him companyy of the Report prepared by him on 08.01.1994, submitted it to PW 62 H.C. Singh, whereupon PW 62 H.C. Singh gave his approval for adding the provisions of TADA Act.
These articles were examined by Sh.
This companytemporaneous material, therefore, fully establishes the invocation of provisions of TADA Act and the existence of Exbs.
P 7 and the absence from duty signified by Attendance Register Ext.
On 08.03.1994 A8 Mohd.
We reached Baroda at about 6 A.M. Tahir took us to a Hotel which was near a Mosque about 10 minutes walk from the Rly.
P 160.
P 248 states inter alia Dr. Jalees Ansari had enquired about the materials used in mines for the blasting purpose and asked that he needed the explosives used for blasting.
P 10 is a reservation form by which the ticket was booked in the name of Sameer from Kota to Mumbai in Frontier Mail leaving 06.12.1993.
Thereafter A16 Abre Rehmat Ansari was arrested.
The material I had brought was also told to all people.
He then gave me the journey ticket.
800/ for my expenses on the way.
P 157 bears the name and telephone number of Abdullah.
He was remanded to judicial custody on 19.02.1994.
66.2 Ext.
On production warrant issued by the Designated Court, Ajmer pursuant to the application moved by PW145, S. Nair, custody of this accused was given on 28.05.1997.
He was produced on 03.06.1997 before PW 147 Mr. S.K. Kaushik, Chief Metropolitan Magistrate, Delhi.
During my visit to Jamal Alvis house a meeting was held in which Jamal Alvi, Dr. Habib, myself and 3 4 other boys of Jamal Alvis group were present.
He also gave me one pistol having a magazine with eight rounds.
This companymunication also disclosed the roles of A3 Dr. Habib Ahmed Khan and A4 M. Jamaal Alvi.
This explosion occurred in general companypartment while the train was at Moula Ali Railway Station causing death of two persons.
My job would be to transport the same to Jamal Alvis residence at Lucknow and rest will be done by other people.
The accused was again produced on 18.11.1994 on which date the companyfessional statement of the accused Ext.
3000/ which I have received from Dr. Habib.
He told me that he has number been able to arrange the materials.
The proceedings of the Court of CMM, Delhi of 03.06.1997 are marked Ext.
D 198 was moved on behalf of A5 Afaque Khan that said Accused was in illegal detention of CBI, to which a reply was filed in the Court at Lucknow that the Accused was interrogated on 17.1.1994 and was called for further interrogation on 21.01.1994.
The exhibits have been seized from the scene of occurrence by the local police authorities and sent to the Forensic Laboratory Ahmedabad for expert opinion.
During my talk with Dr. Jalees Ansari, I came to know that bomb blasts in Rajdhani Express train near Kanpur and A.P. Expres near Hyderabad had also been arranged by him through his men.
Dr. Jalees Ansari asked me to provide Rs.
vi Whether in pursuance of the said companyspiracy the accused on 5 6/12/1993 kept bomb devices at Kanpur, Baroda railway stations in Rajdhani Express Trains from Howrah to New Delhi, from New Delhi to Howrah, from Bombay to New Delhi, respectively which exploded causing injuries to six passengers.
Saleem had already reached there Tahir and one Shamim, whose full name is Fazlur Rehman were also there.
Saleem Ansari was produced before PW 9 V. Reddy, Deputy Commissioner of Police, North Zone, Hyderabad in companynection with Crime No.151 of 1993 registered under TADA Act and other offences, as the accused desired to give a companyfessional statement.
P 159 which was found to be having writing of A1 Dr. Jalees Ansari as stated hereinabove and the Diary Ext.
The Diary Ext.
The Investigating Team companyducting investigation in companynection with the crime registered at Jaipur was appraised of the disclosures companying from the interrogation of A1 Dr. Jalees Ansari that one of the suspects namely A2 Ashfaque Khan lived in Dausa in Rajasthan.
Director CBI S On 01.07.1994 a companyfessional statement Ext.
During this visit I also deposited an application for my passport, with a travel Agent.
After the train left Baroda, the Conductor checked the train.
Illiyas had given me Rs.
We quietly went near the STD booth and I companynected the wires of the bomb and left it by the side of the Booth.
The seizure memo was proved by PW 32 Inspector R.D. Kalia.
B.P., Upadhayay,Asstt.
63.2 During the search of the house of A2 a visiting card Ext.
The record further indicates that on the date when second application Ext.
The money for these tickets was paid by me.
The role of this accused thus stands firmly established.
Section 9 B of Explosive Act, Section 4 of Prevention of Damages to Public Property Act, Sections 150 151 of Indian Railways Act and Sections 302, 307, 326, 324 436 IPC with each offence.
He was therefore produced on 01.06.1997 before PW1 O.P. Chhatwal who gave him 24 hours time to think over the matter.
There I was dropped by someone at Jamal Alvis residence.
He went to Gulbarga and spoke to his friends.
A third supplementary chargesheet Ext.
Dr. Jalees Ansari told me that as per his plans for causing bomb blasts in trains on 6.12.1993.
P 248 of A2 Ashfaque Khan came to be recorded under Section 15 of TADA Act by PW 62 H.C. Singh.
On 4.12.1993 in the evening at about 530 P.M. Dr. Jalees Ansari telephoned me at my residence and informed to me that Mohd.
He told me that he had spoken to Mohd Saleem and Tahir also, about it.
Another application namely Ext.
I went by an auto and purchased Kg nails and 2 Kgs.
Later at the time of boarding the train Dr. Jalees Ansari gave me a slip in which address of Hotel Deluxe, where Tahir Saleem and Shamim were to stay was written.
With the withdrawal of appeals, the order passed by the Designated Court holding the invocation of TADA Act under Section 20 A 1 in respect of four crimes including one under FIR No.336 of 93 to be invalid, attained finality.
He told me the timings of the Rajdhani Express at Kanpur, and asked me to go to Kanpur, with the boys Irfan and Hamid, to supervise their work.
Since he desired to make a companyfessional statement, he was produced before PW 1 O.P. Chhatwal on 01.01.1998 on which date he was given 24 hours time to think over the matter.
He instructed me and Saleem to plant the bomb outside Abid Police Station after companynecting two wires.
It was observed by the Designated Court that numbere of the FIRs in those four cases was registered under any of the provisions of TADA Act.
Dr. Jaless Ansari gave me two tickets for journey from Baroda to Kota in Rajdhani Express and return journey from Kota to Bombay by Frontier Mail, which I had purchased earlier.
On 21.05.1996, Metropolitan Sessions Judge, Hyderabad, Designated Court under TADA Act ordered discharge of accused under the provisions of TADA Act in four cases namely Sessions Case Nos.438 of 1994, 584 of 1994, 13 of 1995 and 14 of 1995.
Dr. Habib had companye from Rai Bareli.
P.C. All the accused denied the case of the Prosecution and submitted that their companyfessions were number voluntary.
Dr. Jalees came to me again on 2.12.1993 and asked me to meet him outside Bombay Central Station, iIn the evening on 4.12.1993.
On 01.06.1997 he having desired to companyfess, PW 145 K.S. Nair informed PW1 O.P. Chhatwal and produced the accused before him.
Amin were charged u s 120 B IPC, Sections 3 3 , 5 6 of TADA Act, Sections 4 a 4 b of Explosive Substances Act and Section 9 B of Explosive Act.
Investigation also companyfirmed that the bomb exploded after half an hour run from Surat Station.
P 243 was recorded.
In his companyfessional statement A2 Ashfaque Khan disclosed how he came in companytact with A1 Dr. Jaless Ansari and how he procured explosive material for him.
At the time of arrival of Rajdhani Express.
Sanction under Section 20A 2 dated 27.02.1998 Ext.
I readily agreed to this as I had initially given the idea of causing bomb blasts in train on 6.12.1993.As I was number having a bus ticket for Baroda, I purchased a ticket for the night train and went to my house to companylect my clothes.
After Saleem had planted the device we purchased tickets for Bombay and left by a train which was going to Bombay.
He having desired to give companyfessional statement, was produced before PW 62 H.C. Singh on 17.11.1994.
Rajdhani Express trains from Mumbai to New Delhi, New Delhi to Howrah, Howrah to New Delhi, Flying Queen Express from Surat to Bombay, Andhra Pradesh Express from Hyderabad to New Delhi, train from Bangalore to Kurla, to companymit terrorist acts to cause train bomb blasts and thereby to cause death, grievous injuries to person travelling in the said trains, to cause damage, destruction to railway, public property and also to send, procure, manufacture explosives substances and also to attack Samna Press of Shiv Sena on 15.1.1994 and to companymit terrorist act at Delhi on 26.1.1994?
A14 also left for Baroda by train the same night.
Uday U. Lalit, J. This appeal under Section 19 of the Terrorist and Disruptive Activities Prevention Act, 1987 hereinafter referred to as TADA Act challenges the judgment and final order dated 28.02.2004 passed by the Designated Court Ajmer, Rajasthan in TADA Special Case No.6 of 1994.
Originally sixteen accused persons were tried for having companymitted offences under TADA Act and other enactments.
At that time, I came to know that Shamim was also involved in the activities of Dr. Jalees Ansari and was to plant a bomb in Rajdhani Express going from Bombay to New Delhi.
Having gone through the companyfession which records the satisfaction of the recording officer i.e. PW 62 H.C. Singh about the voluntariness of the companyfession, the certificate appended thereto and the other material circumstances we accept the companyfession to be companyrectly recorded and reject the submission that it was number voluntarily recorded.
Accused having desired to companyfess PW 150 P.D. Meena informed PW 62 H.C. Singh who thereafter recorded the companyfession Ex P 255 on 26.07.1994 and 27.07.1994.
He had already fitted the detonators and timers in explosives Barood , and told me how to keep those in boxes, and how to join the wire, so that it companyld cause blast.
1 to 13 for offences punishable under TADA Act and other enactments.
24.11.1993 A3 received Rs.
The case of the Prosecution against this accused is fully established.
P 445 of A 10 Mohd.
In persons planted bomb to kill the passengers and damage the Rajdhani Express Train Ex Bombay to New Delhi, in Coach No.
The proceeding to that effect Ext.
Abu Bakar who was studying at Nadwa at Lucknow was also present.
After living for 10 days I went to my home at Basti.
A Charge sheet Ext.
He gave me a bomb, which kept in a carry bag.
After 2 3 days we had again met at the same place and the same talks were repeated.
I was also given Rs.
Vijaya Dev Prakash who was working as Enquiry cum Reservation Clerk at Bombay Central Railway Station at the relevant time.
