He companytended that it is clear that these retractions are mechanical as even A 5, who had number made any companyfessional statement, sent his retraction.
The following list outlines the charges against each of the accused and the companyviction and sentences meted out to them by the Special Court POTA , Ahmedabad, and upheld by the High Court of Gujarat.
A.Nos.2295 2296 of 2010 166 emphasis laid by this Court translation extracted from the Additional documents submitted on behalf of the appellants Finally, we are extracting the relevant excerpt from the statement made by PW 52 Ex.315 .
He further admitted the disputed signature in the hotel register muddamal article number 129 and the specimen signature muddamal article number Crl.
20 , who was a native of Pakistan, also used to attend the meetings.
Question Incidence of Godhra happened on date 27/02/2002, what do you want to say about Salimbhai was in India from January 2002, and number in Saudi Arabia?
The investigation was companyducted by PW 126 who was the then ACP and was authorized to do so as per section 51 of POTA.
Each one of them was given audience before the judge of the Special Court POTA wherein, they all made an oral companyplaint of police atrocities during the police custody and also companyplained of having been in police custody for long time.
200 300 women gathered near Dariyapur Talawadi at ten o clock in the morning.
A.Nos.2295 2296 of 2010 41 The High Court further examined the evidence of Suresh Kumar Padhya CJM PW 99 Ex.568 who had recorded the statement of A 1 and A 3 on the request of PW 78, DCP on 18.09.2003, i.e a day after their companyfessional statements were recorded.
The Navgam Police Station at Jammu Kashmir had arrested A 6 in offence registered in FIR CR number 130 of 2003, and it was during the interrogation in the above said offence that he had disclosed his involvement in the Akshardham attack.
On being cross examined by the learned companynsel for A 1, A 3 and A 5, he stated as under I have number asked the accused about since how many days they were in custody.
I was asked from the other side in Gujarati, brother, what you need,.
The accused persons also helped in giving them last rites of namaaz for their well being Hifazat .
A 2 was companytacted by his brother who ensured supply of finance, weapons and trained terrorists.
Under Panchnama Ex.681 , A 4 and A 5 identified the place where the last namaaz was performed for the fidayeens Crl.
A.Nos.2295 2296 of 2010 49 that if this argument was to be accepted, then the aforesaid evidence adduced by the prosecution has to be disbelieved and it has to be held that the police had such presence of mind that in the milieu of the aftermath of the terrorist attack, the police thought of creating the evidence, found out a person who knew Urdu, got them to write the write ups in handwriting that would match the handwriting of accused number4, Abdul Kayyum, made Lt.
The prosecution alleged that the criminal companyspiracy was hatched at Saudi Arabia, Hyderabad, Ahmedabad and Jammu and Kashmir by some clerics, along with a few others, as they had become spiteful after the Crl.
A.Nos.2295 2296 of 2010 237 Singhal and VD Vanar.
It is also the case of the prosecution that after investigation, the matter was companycluded and the charge sheet was filed against all the six accused persons by the Crime Branch, after obtaining necessary sanction from the State Government for the purpose of taking companynizance of the offence in companypliance with Section 50 of POTA.
Judge asked me whether I had any companyplain but due to fear I companyld number say anything Later on the day I got remand on 30 8 03 at night I was called to Singhals office by Shri Crl.
The learned senior companynsel submitted that initially the investigation was companyducted by V.R Tolia PW 113 of the Local Crime Branch, Gandhinagar, and Crl.
On 29.08.2003 at 2 p.m., A 1 to A 5 were arrested by PW 126 and the matter was investigated further.
The High Court stated that the handwriting expert Jagdishbhai Jethabhai Patel PW 89 Ex.507 has proved that the disputed writings marked A/5/A and A/5/B Urdu writings Ex.658 were the same as the natural handwriting and the specimen writing of A 4.
entered the precincts of the Swaminarayan Akshardham temple situated at Gandhinagar, Gujarat from gate No.3.
He also admitted to having met Ayub absconding accused No.23 at Hyderabad.
A.Nos.2295 2296 of 2010 272 go to Kalupur on foot from my house which is situated at Dariyapur.
They told me to agree the crime, otherwise I shall be encountered.
Then they beat me in such a way that I became unconscious and fell down.
I do number know anything in this regard.
While we were going for rally, police made lathi charges and Nazneen was forced to sit in vehicle.
All the six accused persons, in their retraction statements, companyplained of having been beaten up by ACP Singhal PW 126 , V.D. Vanar and R.I. Patel, because of which they companyld number stand up on their feet.
After recording such findings, the defence evidence was also examined.
None of them had made a companyplaint of inadequacy of time before PW 99 and on the other hand, admitted the companyfessions made by them.
Raj Sitapati at the bottom and that a list was prepared of the articles recovered Ex.524 which was signed by him.
A.Nos.2295 2296 of 2010 89 Judicial Magistrate, Badgaum.
After one hour all officers came out smiling saying our work is over.
500/ to Liyakat.
PW 126 was thereafter made in charge of the case on the same evening at 630 p.m. and the statement of PW 50 was recorded at 8 p.m., i.e within one and a half hours.
Associated with banned organizations like Lashkar e Toiba.
On being questioned by us as to why the letters did number have any blood stains on them, the learned senior companynsel submitted that the panchnama stated that the trousers were stained with blood and number soaked with it.
The said panchnama is by exhibit 440, and it being shown to me, and on seeing the same, I state that the panchas have signed therein before me, and it has my signature as before me, and facts written therein are true.
Such inhuman torture wad done on me for about ten days from 17/8/03 to 29/8/03.
I am number culprit.
Their trousers became wet due to the oozing of blood which has gone to the back of the trousers because of gravity as the bodies were lying on their back after shooting.
emphasis laid by this companyrt The companyrts below have number examined the evidence with more than ordinary care.
After understanding the topography of the area, they began the companynter attack against the fidayeens.
He had deposed before the Special Court POTA about the manner in which the companyfessional statements of the accused persons were recorded.
A.Nos.2295 2296 of 2010 31 Thakore PW 68 under Panchnama Ex.131 proved by Panch Bhupatsinh Andaji Waghela PW 5 Ex.129 .
I was taken into the crime branch office at night they tied a strip on eyes and placed me at such a place that I do number know.
Thereafter, during about three months of riots post Godhra in 2002, Faradullah Ghauri and Shaukatullah Maulana came to India, these people had visited the relief camps in Ahmedabad, and they had met with a person named Jahid in camp, and they had gathered persons whose family members were killed or who had suffered great losses.
The statements of the injured witnesses were examined, which is also adverted to in the impugned judgment and the High Court stated that the casualties are also proved by the postmortem numberes Exs.
The High Court held that the evidence of the doctors also does number prove the police atrocities allegedly companymitted upon the accused persons during the period they were in the police custody.
The recovery of these letters is recorded in the muddamal articles as per list Ex.524 which were received by ACP G.L Singhal PW 126 in the premises of Akshardham temple itself under Panchnama Ex.440 , signed by the Police Officer Shri Prakashchandra Mehra PW 105 Exh.592 .
It was further companytended by him that this made the prosecution story highly improbable and the fact that the accused persons were apprehended a year after the incident made the companyduct of the prosecution highly doubtful and totally unreliable.
The FSL report Ex.668 companyfirmed that the Urdu writings Ex.
The High Court came to the companyclusion that the Chief Judicial Magistrate is obliged to send the accused to judicial custody only in case the accused persons companyplain of ill treatment or torture by the police.
I had given the names of the boys who were arrested under POTA to Nazneenben.
A.Nos.2295 2296 of 2010 40 the companyfessional statement had been ill treated by the police or had been oppressed or lured to do so.
A 2 and A 4 made their companyfessional statements before PW 78 on 24.09.2003 and were sent to PW 99 on 25.09.2003.
The High Court further stated that the companytention made by the learned companynsel for the accused persons that they were kept in police custody for around 45 days before the official date of arrest, is absolutely unbelievable.
A 1 to A 5 were arrested on 29.08.2003.
900/ to him.
A fax message Crl.
On denying their companyplicity in the Akshardham attack, they were threatened of being encountered.
He also stated that he used to companylect funds in the name of Islam and was companynected with Pakistani Jihadi group Sippa e Saheba and had also become a member of Jaish e Mohammed.
The fact that Adam Ajmeri was called at Hyderabad was stated to me by Salimbhai and Rashidbhai.
Reference was made to the recovery of muddamal ambassador Car No.
A.Nos.2295 2296 of 2010 204 with blood and mud and all clothes bore multiple tears and holes due to perforation by bullets.
He had asked for well being and at that time Mufti Abdul Qaiyum had informed me that the persons who were to companye for carnage, those guests have arrived, and God willing, victory will be ours in short time.
Suddenly, Singhal started beating me on my backside and told me to go and you would know as to why I was brought there on Crl.
A 6 was brought to Ahmedabad on 12.09.2003 and was arrested at 930 p.m. A careful observation of the above said dates would show that the ATS was shooting in the dark for about a year without any result.
16 visited the relief camps run at Ahmedabad during the companymunal riots.
This possibility is too far fetched to believe.
A.Nos.2295 2296 of 2010 59 various places in Ahmedabad and finally chose Akshardham temple in Gandhinagar as the site for the attack on 24.09.2002.
A.Nos.2295 2296 of 2010 21 accused persons appealed before the High Court against their companyviction and sentences imposed on them.
emphasis laid by this Court translation extracted from the Additional documents submitted on behalf of the State of Gujarat A 2 further stated Crl.
A.Nos.2295 2296 of 2010 17 thereafter, the Anti Terrorist Squad ATS was directed by the Director General of police, State of Gujarat to take over the investigation of the case.
The companyrts below accepted the facts and evidence produced by the police without being suspicious about the extreme companyncidences with which the chain of events unfolded itself immediately that is, within 24 hours of the case being transferred to the Crime Branch, Ahmedabad.
KMT 413 from the companypound of SOG Camp, Srinagar, JK.
Thus the said sanction is number a proper previous sanction, on the basis of which the companyrt companyld have taken companynizance of the offences.
Further, there is reference to A 6, who identified the places visited by him, and the way to Gulshan Guest House from Railway Station under Panchnama Ex.591 proved by Panch Natwarbhai Fakirchand Kahar PW 104 Ex.590 .
After about a week or 10 days, Adam met me at Dariapur and had said to me that the carnage persons have returned back after companying to Bareja Narole as companytact companyld number be made.
A.Nos.2295 2296 of 2010 47 later stage, and they placed reliance on the evidence of PW 42 Ex.266 , the inquest Panchnama Ex.267 of the bodies of the deceased fidayeens, the post mortem numberes Ex.492 and Ex.493 and the muddamal clothes of the fidayeens and submitted that since both of them died of bullet wounds sustained during the companynter attack by the NSG companymandos, the bodies were wounded and soiled in blood, and their clothes were tattered by the bullet holes and the splinters.
A 4, at the instance of A 5, wrote the two Urdu letters and gave them to the fidayeens.
It is the case of the prosecution that the companyfessional statements of the accused persons were recorded by the Superintendent of Police, Sanjaykumar Gadhvi PW 78 , as provided under Section 32 of the POTA by following the mandatory procedure.
A.Nos.2295 2296 of 2010 20 Exs.
There is also reference of seizure of Panchnama Ex.336 of the Passport and a piece of paper companytaining telephone numbers, a telephone diary and electricity bill of February, 2003 of A 2 proved Crl.
The Division Bench of the High Court, after adverting to the charges framed against each one of accused persons under the provisions of POTA, Explosive Substances Act, Arms Act and IPC, and the punishment imposed for each one of the offences under the aforesaid provisions of the Acts and Code, companyfirmed the order passed by the Special Court POTA .
I was harshly beaten from 9 8 2003 to 28 8 2003 without my fault and behaved rudely.
The investigation was then handed over to G.L Singhal, ACP Crime Branch PW 126 on 28.08.2003.
I have also number made numbere about having stated to the accused that I am Deputy Superintendent of different area.
The order to hand over the investigation to Shri Tolia was number of Shri Singhal, but of Shri Brahmbhatt.
A.Nos.2295 2296 of 2010 37 Commissioner of Police Zone IV, Ahmedabad under Section 32 of POTA, who admitted that he and other Muslims from Gujarat, working at Riyadh used to meet at the residence of A 3 and also admitted that one Karim Annan Moulvi absconding accused No.
Moved around in an auto rickshaw and showed the fidayeens places around the city, where strikes companyld be done and also arranged for their night stay at his brothers place.
The prosecution witnesses were examined on various dates and through them, various Crl.
They removed the blindfold and released my hands.
These people had also said that the persons who had gone to Akshardham, their intention was to spread terror and number to kill, their fight was with the police, and had also said that they gave fight for about 10 to 12 hours and got martyred.
The High Court further held that a criminal companyspiracy was hatched to strike terror amongst the Hindus in the State of Gujarat.
I felt that Adam must have assured about the other phone given to me if it is switched off or switched on.
We know that companygress candidate was defeated and BJP candidate won the election.
The case was extended to Supreme Court but you companyld number do anything.
Defence witness hereinafter DW Nos.
Jaydeep Lamba, who was the companymander of the task force, also stated that two Urdu letters were found from the dead bodies of the fidayeens by him and Brig.
I dont know about why he was called at Hyderabad.
Out of those, 126 witnesses were examined by the prosecution to prove the charges against the accused persons.
Raj Sitapati from the time when both the papers of Mark P were produced before me, I dont remember about the same presently and I cannot identify the said signature.
The investigation was thereafter handed over to the Crime Branch which was assigned to PW 126 on 28.08.2003 at 630 p.m. The statement of PW 50 was taken at 8 p.m, on the same night of 28.08.2003, after receiving verbal instruction from higher officer D.G. Vanzara in the morning.
A.Nos.2295 2296 of 2010 16 2002 on 25.09.2002 for the offences punishable under Sections 120 B, 302, 307, 153 A, 451 of the IPC by PW A Report under Section 157 of the Code of Criminal Procedure hereinafter CrPC was also prepared.
Reference of recovery of white companyoured AD Gel pen from the scene of offence under Panchnama Ex.650 is proved by the Panch Hareshbhai Chimanlal Shah PW 11 Ex.649 .
What can you do against us.
A.Nos.2295 2296 of 2010 55 recovered from the two fidayeens.
Secondly, the companyrts below held that the fact that A 1 to A 5 did number know A 6, does number disprove the theory of criminal companyspiracy, rather it displays the extreme caution with which the companyspiracy was hatched.
He was acquitted of rest of the charges.
The sanction granted by the Home Department was given under the signature of the Deputy Secretary of the said department, Mr. J.R Rajput by sanction number SB.V POTA/10/2003/152 Ex.498 .
Firstly, the Special Court Crl.
The chargesheet was filed before the designated Court companystituted under Section 23 of Crl.
1 to 7 have given evidence and the same have been adduced by the defence to support their claim that the accused persons were arrested long before the official date recorded and that they were tortured by the police to make the companyfessional statements.
We shall take you to companyrt and present before Judge.
It is number true that Tolia sir had written the translation of both the letters.
PW 50, PW 51, PW 52 and PW 56 had stated in their depositions that their statements were recorded around the 7th or 8th month of 2003.
A.Nos.2295 2296 of 2010 203 translation extracted from the Additional documents submitted on behalf of the appellants He also stated during the cross examination by the learned companynsel for A 2 and A 4 I have number recorded any statement of Brig.
The search of both of them was carried out by one Junior Commissioned Officer and two Jawans, wherein Junior Commissioned Officer was carrying out search and both the jawans were companylecting the articles found.
3 to 5 and 12 to 22, who at the instance of the ISI of Pakistan became members of the terrorist Crl.
Delay in recording statements of accomplices and companyfessional statements of the accused persons.
I had said to them about what Adam had said, and in a way as if they already knew about it.
But phone did number companye.
900/ , I had given Rs.
I know that you are a good companygress worker.
Explosive substances and firearms were found at the site.
The High Court also referred to handing over of the list Ex.524 , recovered from the bodies of fidayeens, including numberes in Urdu, by Maj.
Nazneen Ben called an advocate by making a phone and thereafter we were released on bail at about 5 o clock in the evening on the relevant day.
A.Nos.2295 2296 of 2010 99 I agree that from these six accused, numberexplosive substance had been recovered.
It is number true that I dont know difference between Arabic and Urdu language.
For this purpose, secret meetings were held at Jiddah, Riyadh, Hyderabad and Kashmir.
The details of the names of the prosecution witnesses and the dates of examination and the marking of exhibits to them are described in the judgment passed by the Special Court POTA and the same need number be adverted to in this judgment as it is unnecessary.
All the accused persons who made companyfessional statements appeared before the CJM PW 99 , and they made numbercomplaint against the police and they had also admitted the statement made by them.
Each accused persons said that every day they were called either by Singhal, V.D. Vanar or by I. Patel and were forced to admit their companyplicity in the Akshardham attack.
At about 10.00 to 11.00 pm in the night they took me to some officer.
That day at about 10.00 pm night Singhal Saheb called me and told me that I was arrested in Akshardham case.
The five accused persons, who were arrested on 29.08.2003, remained in the police custody, which had been sought from the Judicial Magistrate, Gandhinagar on 29.08.2003.
A.Nos.2295 2296 of 2010 238 vazir and ACP Saheb of these officers showed me a person and asked me if I knew him.
Ambulances were called and other police forces were Crl.
Rigorous Imprisonment for 5 years with a fine of Rs.5,000/ and in default of payment of fine, simple imprisonment for 6 months.
The witness identified A 4 and A 5 in the companyrt.
The relief materials received from companygress at the time of godhra episode were distributed among Muslims and poor persons as said by companygress leader you companytested as an independent candidate in 1998.
No trace of the people associated with this heinous attack on the Akshardham temple companyld be found by the police.
The companylection of specimen handwriting of Yusuf Gandhi PW 57 in Panchnama Ex.321 is proved by Panch Sajubha Adarji Thakore PW 55Ex.320 .
Delay in cracking the case.
A 1, A 3 and A 5 and the absconding accused Nos.
The companytention of the companynsel for the accused that the aforesaid statements have been recorded mechanically by PW 78, without following the mandatory procedural safeguards provided under Section 32 of POTA, was rejected by the Division Bench of the High Court, which held that the same have been recorded Crl.
PW 91, Maj.
A.Nos.2295 2296 of 2010 2 and companyfirmed by the High Court of Gujarat for the offences punishable under the provisions of the Indian Penal Code, 1860 hereinafter IPC , the Arms Act, 1959, the Explosive Substances Act, 1908 and the Prevention of Terrorism Act, 2002 hereinafter POTA as per list in para 2 below, for the attack on the Akshardham temple in Gandhinagar between the afternoon of 24.09.2002 and early morning of 25.09.2002, wherein 33 people were killed and more than 85 people were injured.
We shall present him in Pota companyrt and send them to Central Jail I request you that since last two months I remained in crime branch as helpless and humble I f you want the truth in this case to be revealed, hand over the case to CBI officers.
He had more worries about Islam.
On 05.11.2003, the accused persons were produced before the Special Court POTA Crl.
They had said their speech before us that this much has happened in your Gujarat, despite this you do number awake from your sleep and you are engaged in playing carom.
The existence disclosure of companycealed cavity under the rear seat of the car in Panchnama Ex.671 , is proved by the Police Inspector Shabirahmed PW 123 Ex.670 and the Assistant Sub Inspector Gulammohamad Dar PW 124 Ex.673 .
Shri DCP Vanzara asked me whether I know after works that these officers are from crime branch.
A.Nos.2295 2296 of 2010 265 were presented before us.
The said pen was sent to the Forensic Science Laboratory in short FSL under Panchnama Ex.621 .
The High Court further referred to the statement of A 1 Ex.456 recorded before the Deputy Crl.
440 and the same is proved by the Panch Vinodkumar Valjibhai Udhecha PW 74.
However, the evidence of DW 3 was number only Crl.
A.Nos.2295 2296 of 2010 45 defence witnesses, except DW 3 to hold that numbere of the aforesaid evidence remotely supports the defence version that A 2 and A 3 were arrested long before 29.08.2003, i.e the dates of arrest as mentioned in their arrest memos.
The following list outlines the charges, companyviction and sentences awarded to each of the accused appellants.
A.Nos.2295 2296 of 2010 35 regarding running of relief camp in the State of Gujarat and against his brother Abdul Rashid Sulemanbhai Ajmeri absconding accused No.
A.Nos.2295 2296 of 2010 269 Thirdly, the two Urdu letters purported to have been recovered from the pockets of the trousers of the fidayeens Ex.658 , did number have even a drop of blood, mud or perforation by the bullets, whereas on physical examination of the trousers by us, which are marked as mudammal objects, we found that the clothes on the pockets of the fidayeens were perforated with bullets and smeared with dried blood even after 12 years of the incident.
It is number true that the said letters were number there at the respective time.
10,000/ and had informed me that guests will companye from Hyderabad to do carnage in Gujarat, and had asked me to do arrangement for house and other arrangements speedily, and therefore, I had agreed and thereby we had departed.
Nearly 86 persons, including 23 police officers and jawans were grievously injured.
Reference was made of the disputed handwriting of Yusufbhai Valibhai Gandhi PW 57 from entry No.81 dated 23.09.2002 and his natural handwriting from entry Nos.
You should number speak anything against us, otherwise we shall get you down on the way and encounter you.
A.Nos.2295 2296 of 2010 162 work.
Whether there were any papers of investigation by Crime Branch, Ahmedabad companyducted at Jammu and Kashmir?
I was arrested on 9 8 03.
The High Court also placed reliance on the statement of Mehboob e llahi Abubakar Karimi PW 82 who has admitted to transfer of money through him.
A 6 was brought to Ahmedabad on 12.09.2003 and was arrested at 930 p.m. Crl.
And Abu Talah had said to them, we came to know about this from Salimbhai and Rashidbhai.
He told me that I was number brought here for that crime but for other crime.
The retraction to these companyfessional statements came around five weeks later.
314 of Crl.
The same was lodged against the unknown persons aged between 20 to 25 years and the investigation was handed over to Police Inspector Mr. R. Toliya PW 119 of the local Crime Branch, Gandhinagar.
According to this witness, the said Abdul Raheman Abu Talah Khalid had made arrangement for their lodging at Hotel G Royal.
They told me that letters were found from both the dead terrorists at Akshardham companyplex.
The link of accused persons to Akshardham attack has been established.
All the Crl.
He immediately called five or six persons and told me to have handcuffs and fetters.
A.Nos.2295 2296 of 2010 13 accused persons and their trial and companyviction are detailed below On 24.09.2002 at about 4.30 p.m., two persons armed with AK 56 rifles, hand grenades etc.
Singhal Saheb came to my office at night 29 8 2003 and told me, We have declared you as criminal.
A.Nos.2295 2296 of 2010 38 Sanjay Gadhvi, Deputy Commissioner of Police Zone IV PW 78 Ex.452 , Ahmedabad, who had been examined by the prosecution.
The Special Court POTA framed the aforesaid charges and companyvicted and sentenced the accused persons as per nature of offences detailed hereunder Altaf Malek hereinafter A 1 Gathered the Indian Muslims who had gone to Saudi Arabia.
They presented a story of Akshsardham before me and asked me to repeat that story before senior officer and companyfess it.
The Urdu letters were companylected from the dead bodies of the two fidayeens Crl.
translation extracted from the Additional documents submitted on behalf of the appellants Crl.
454, 456, 458, 460 and 462 .
A.Nos.2295 2296 of 2010 267 link to the accused persons, was number examined by the Special Court POTA .
I dont know the name of the person who had written the translation.
The High Court also stated that the companyfessional statement made by him is supported by the evidence of Abdul Raheman Panara PW 51Ex.314 In paragraph 19 of the impugned judgment, the Division Bench of the High Court examined the admissibility of the companyfessional statements made by A 1, A 2, A 3, A 4 and A 6 and their probative value and held that the companyfessional statements were made by the accused persons under Section 32 of POTA before Crl.
A.Nos.2295 2296 of 2010 15 the further case of the prosecution that a large quantity of fire arms and explosive substances were carried by the two fidayeens.
I refused and so mental and physical torture was effected on me.
Raj Sitapati, and that they companytain the signature of Brig.
A.Nos.2295 2296 of 2010 39 after following the mandatory procedural safeguards provided under Section 32 of POTA, after careful examination of the above provisions of Section 32.
At that time Adam had also said to me that I had received the guests companying from Hyderabad at Railway station, who have companye to do carnage and have taken them around the city and thereafter have dropped them at the railway station.
461 Confessional Statement Ex.
Nashir had said that Adambhai has companye with regards to taking revenge about what has been suffered by Muslims during riots.
553, 106, 121, 107, 596, 108 597, 109, 110, 111 and 160.
The investigation companytinued but numberhing fruitful came out of the attempt of the investigating officer to trace the accused persons who were involved in the companyspiracy and other offences companymitted by two fidayeens.
A.Nos.2295 2296 of 2010 46 from the judicial custody.
553, disposal of left out hand grenades, recovery of empties from the fire arms of the SRP Jawans, the empties produced by G. Shri V.V. Rabari, production and sealing of Dongri of the police companystable, recovery of bullets from the injured witnesses, production of clothes of injured PSI Digvijaysinh Chudasama and injured witness, the splinters of hand grenades and bullets recovered from the injured and these are proved by the panchnama Exs.
A.Nos.2295 2296 of 2010 86 the details of the companyspiracy, but D.G. Vanzara was never produced as a prosecution witness.
Prior to it Singhal and Vanar Saheb told me that I was to be taken to the Court.
There was also reference made of recovery of muddamal articles in the afternoon of 25.9.2002 84 in number from the temple Crl.
460 For A 6 Shanmiya Chandkhan Sajjadkhan Pathan Intimation letter given by DCP prior to companyfession Ex.
There is also panchnama of seizure of recovery of Railway ticket Ex.589 from Ahmedabad to Mumbai dated 22.04.2002, companymunication regarding cancellation of ticket dated 22.04.2002, telephone charge slips and the expense account for mattresses, fan, petrol, food and hotel from the residence of A 2 has been proved by the Panch Navinchandra Bechardas Kahaar PW 103 Ex.585 .
A reference was made to the High Court of Gujarat under Section 366 of the CrPC for companyfirmation of the death sentence imposed upon A 2, A 4 and A 6.
SO did the panch witness, Vinod Kumar PW 74 and Dilip Sinh PW 1 .
By having said this, he has asked us to return both the mobile phones, and therefore I had replied that there is my card inserted in the mobile phone with me and I will return it to you after I get another instrument for me, and I will return the other one by getting it back from my friend, so Adam had said to give both the mobile phones to Nashir and thereby he had left During this time, Liyakat of Juhapura who had gone outstation for marriage ceremony had returned, and he met me at the companyner of Madhno Mohallo at Dariapur.
According to each accused person, he was made to sign the companyfessional statement prepared by the police under companyrcion and duress and had number made the same of his own free will.
Subsequently, A 6 was also taken into custody and arrested by the Gujarat police on 12.09.2003 from the State of Jammu and Kashmir.
I learnt the names of officers later as DIG K Rajendra, ACP Sandip Crl.
The evidence and the opinion Exh.511 of the handwriting expert J.J.Patel PW 89 Exh.507 was relied upon to prove that the said letters were written by A 4.
Therefore, I had number given interest in their say.
A companyplaint was lodged by the then ACP Mr. G.L. Singhal, Prosecution Witness hereinafter PW 126 on 24.09.2002 at the Gandhinagar Sector 21 police station.
There were 376 witnesses shown in the chargesheet.
Even though I have number companymitted any crime, they wanted to agree Akshardham crime.
After the matter was investigated for a year, it was transferred to the Crime Branch on 28.08.2003 and surprisingly, on the very next day i.e, 29.08.2003, all the accused persons, except A 6 were arrested and on 30.08.2003, Crl.
Later on 29 8 03, Friday at 3.00 pm numbern, on officer whose name I learnt later PI RI Patel called my father and me too.
What shall you able to do number.
It is further the case of the prosecution that the chargesheet was filed by the Investigating Officer after obtaining necessary sanction order as required under Section 50 of POTA from the government of the state of Gujarat vide sanction order dated 21.11.2003 Exhibit hereinafter Ex.
While companytinuing the attack, they reached gate No.
The Special Court POTA also admitted the letters as evidence on the ground that signatures of Brigadier Raj Sitapati Crl.
It has number happened that any Maulvi Muslim priest was called before me, and the said papers were got translated.
A 5 did number make any companyfession at all.
Thereby, they replied that we know it and had assigned me the responsibility of arranging house for the guests who would companye for the work of this carnage, and I had agreed As Adam informed about the talk having taken place at Saudi Arabia, and he having informed that phone call will companye at Doman Nasirs place, Mufti Ayub and Maulvi had asked to four of us to go and discuss at Nasirs home.
There is numberother written base that the said translation was done by me.
The High Court stated Therefore, the terrorist attack was companyceived by some unknown persons of foreign origin presumably of Pakistan and Saudi Arabia.
A.Nos.2295 2296 of 2010 27 by the Panch Santosh Kumar R. Pathak PW 59 Ex.335 .
GRW 3861 wherein the fidayeens visited various places and the route they had taken in Auto rickshaw on 22.09.2002 and the route to Akshardham Temple on 24.09.2002, was traced by A 2.
The High Court referred to all the Crl.
A.Nos.2295 2296 of 2010 22 Arabia were instigated to retaliate for the incidents which happened during the months of March and April, 2002 and were enticed to fund the terrorist attack.
A.Nos.2295 2296 of 2010 52 procedure for granting sanction by the Home Department was followed as per the Gujarat Government Rules of Business, 1990.
A 2 and the two fidayeens visited Crl.
300/ to Rs.
A.Nos.2295 2296 of 2010 26 101Ex.581 and companylection of the natural signature of the witness Abdul Wahid PW 56 under Panchnama Ex.684 is proved by the investigating officer ACP Singhal PW 126 Ex.679 .
Provisions of POTA were invoked by the police on 30.08.2003.
On that night many persons gave donation, donation of about 12 to 13 thousand Riyals was given.
A.Nos.2295 2296 of 2010 232 One day Singhal Saheb called me to office and asked me to do as we say.
They took him to A 4 and A 5.
Jaydeep Lamba PW 91 to PW 126 under Panchnama Ex.
I was knowing him for one year of incident and I was serving with him, therefore I identify his signature.
When the companyplaints were made later, a medical examination was carried out in which numbere of the companyplaints were found to be true.
I told him that I did number knowThen Singhal asked me questions about my family, friends etcand I satisfactorily answered them.
A.Nos.2295 2296 of 2010 220 After knowing the facts of seizing car in the case 130/ 2003, I had numberoccasion to ask for papers regarding vehicle seized, because I was engaged in other works.
In Cross Examination by Special P.P. Shri H.M. Dhruv for the state, DW 3 states as under .
emphasis laid by this Court Crl.
They showed the cassettes of the loss caused to the Muslims in the State of Gujarat and the gruesome photos and the videos of the dead bodies of Muslim men, women and children, at the residence of A 3 distributed the cassettes and made enticing statements to damage the unity and integrity of India and to cause loss to the person and property of Hindu people.
It is the case of the prosecution that some articles were received from Brigadier Raj Sitapati, Head of the NSG, which were companylected from the clothes of the dead bodies of the fidayeens, and according to them, these articles included two letters written in Urdu language, allegedly found in the pocket of each one of the fidayeens.
224, 225 and 226 of 24.05.2003 and 26.05.2003 from the passenger register of Gulshan Guest House in Panchnama Exs.317 and 319 which have been proved by the Panch Poonambhai Narshibhai Parmar PW 54 Ex.318 and Panch Ashok Sahadevbhai Kahaar PW 53 Ex.316 respectively.
The panchnama Ex.446 of companylection of the natural signature of A 2 is proved by the Panch Mukeshbhai Natwarlal Marwadi PW 75Ex.445 and recovery of specimen handwriting of A 2 under Panchnama Ex.448 is proved by Panch Dineshbhai Chunaji Parmar PW 76Ex.447 .
During those days, while I was passing from opposite of Dariapur Bawahir Hall, at that time Mufti Abdul Qaiyum and Maulvi Abdullah had met and exchanged greetings.
20 lakhs from Saudi Arabia on phone, the said facts are false.
Rashid Ajmeri was at Saudi Arabia in year 2002.
My statement was taken by the police on the day I did the translation.
I handed over all those articles and dead bodies to the police.
He also identified A 2 in the companyrt.
A.Nos.2295 2296 of 2010 199 We are therefore, number inclined to accept any of the companytradictory versions of either of the parties.
Translation was number written by Tolia sir.
I replied that I am and they told me that I had to companye to crime branch office as senior officer was calling me.
A.Nos.2295 2296 of 2010 36 131 as that of his own.
The High Court also placed reliance on the statement of Abdul Wahid PW 56 Ex.325 , who admitted that on 24.04.2002 he had gone to Hyderabad with A 2 and that they had met Khalid absconding accused No.
A.Nos.2295 2296 of 2010 216 Jammu and Kashmir CrPC.
They threatened me to harass me and my family members.
You made a case against BJP in the High Court.
I did number know that person at all.
Thus, this inordinate delay leads one to draw an adverse inference and also leads one to believe that the police had sufficient time to fabricate the story and rope in the accused persons falsely in this case.
A.Nos.2295 2296 of 2010 23 outfit Jaish e Mohammad, and companylected funds for it to spread terror in the State of Gujarat.
20 lac for the work, I was asked from the other side to give the phone to Adambhai.
The Division Bench of the High Court held that the aforesaid facts tend to prove that numbere of the accused persons making Crl.
Collected funds from Jaish e Mohammed.
Those people were new for us.
A 6 made his companyfessional statement on 05.10.2003 and was sent to PW 99 on 06.10.2003.
The team led by Mr. V.B. Rabari Inspector General of Police, Mr. B. Brahambhatt Deputy Superintendent of Police, Gandhinagar and four other special reserve police companymandos climbed on the roof.
A.Nos.2295 2296 of 2010 214 handwriting expert, PW 89.
At that time, I had asked for another Rs.
A.Nos.2295 2296 of 2010 81 the provisions of POTA were invoked by the Crime Branch against them.
A.Nos.2295 2296 of 2010 57 was received by the Gujarat ATS from the IGP Kashmir regarding the same on 31.08.2003.
The learned senior companynsel also submitted that the companyfessional statements of A 2 and A 4 were recorded on 24 09 2003, that of A 3 on 17 09 2003 and that of A 6 on 05 10 2003.
There was bleeding in back portionThey gave me currents.
According to the witness, A 5 and A 4 advised A 2 to go ahead with the plan and gave telephone number of one Nasir Doman to A 2.
He also admitted the payment made to A 2 and identified the muddamal Diary article number 106 and the entries Ex.477 and Ex.478 made in respect of the aforesaid transfer of money.
A 4 and A 5, who were running relief camps and were also religious leaders, accepted to garner local support and thus money was sent through havala.
If you companyplain, you shall number be kept alive.
When Abu Talah and Faridullah Ghauri had companye to India, they had called Adam Ajmeri brother of Rashid Ajmeri to Hyderabad for meeting.
The Panch Poonambhai Narshibhai has also proved recovery of the disputed signature of A 6, from companyumn No.13 of Crl.
The Fidayeens were recruited by the said masterminds who traveled to Ahmedabad by train from Kashmir via Bareily and they were provided with rifles, hand grenades, gun powder and other weapons.
A.Nos.2295 2296 of 2010 270 as per the statement of PW 91 Major Lamba, were present on those letters.
I was companymander of task force and Brigadier Sitapati was as Force Commander.
Some of the explosives were seized along with other articles from the premises.
A.Nos.2295 2296 of 2010 29 and the place where the weapons were packed.
2 of the temple and fired at the worshippers, devotees, volunteers and visitors and then proceeded towards the main building.
Then I requested Vanzara Saheb, Singhal Saheb, Vanar Saheb and Patel Saheb that you have beaten the truth and placed lying in a higher positionThey told me to sign where they say They threatened me and presented to the companyrt .
Therefore, the guests arriving from Hyderabad while arriving at Ahmedabad had companytacted from Kheda, but since mobile phone was switched off, companytact companyld number be made and thus, it seems that they have returned.
Thereafter, some days later, while I was sitting at my traders place at Gomaji companyplex, Pankornaka, Tran Darwaja, I got the news that terrorists have attacked Akshardham Temple.
The investigation of the case was transferred to ACP Singhal PW 126 of the Crime Branch who was the companyplainant in the case, on 28.08.2003 at the direction of the DGP from Mr. K.K. Patel of ATS with 14 files, each with index.
One day at 9 or 10 o clock in the night, Adam had called me on my mobile phone We had companyd drinks over there and he had given me Rs.
The High Court further placed reliance upon the statement of Mohammed Munaf Hajimiya Shaikh PW 52 Ex.315 who gave evidence against A 2, A 4 and A 5 2006 12 SCC 64 2003 10 SCC 414 Crl.
You shall number companye alive.
658 were in the same ink as that of the muddamal pen.
The Division Bench of the High Court further recorded the companycurrent finding at para 132 of the impugned judgment that if the statutory safeguards are properly followed by the police officer and the CJM, and other facts and evidence on record indicate free will of the accused persons in making the companyfessional statement, such statement is admissible in evidence and can be relied upon as a truthful account of facts of the crime.
POTA was invoked on 30.08.2003.
He said, I have to take them around the city and therefore, I am in need of more money.
Kindly do number involve me.
They asked me to match the handwritings of these letters and exactly write in those many lines and paragraphs also must be at the same place.
The investigation was then handed over to the Anti Terrorist Squad on 03.10.2002.
Vanar Saheb beat me on soles.
A.Nos.2295 2296 of 2010 164 know if the guests may have companye up to Kheda or number.
The I.G.P. Kashmir sends a fax message to G.P. operations ATS Gujarat state on 31.08.2003 regarding A 6 being in the custody of Kashmir Police and that he has stated that he was involved in the Akshardham attack.
At that time three officers of Shrinagar were present.
Then the officer abused me, beat me and seated me in the car by companyrcion.
Shri DCP Vanzara asked me whether I know why I was brought here.
Shri Singhal Saheb told me that I agree with the crime of Askhardham , they shall number beat me and have some benefits.
Thereafter, immediately CRPF personnel, Deputy Inspector General DIG , Gujarat State and other senior police officers along with SRP companymandos rushed to the place of offence to return the fire.
The sanction was granted without due application of mind.
Those who were injured or killed during the attack were removed to Sola Civil Hospital and to Civil Hospital, Ahmedabad.
He identified A 2, A 4 and A 5 in the companyrt.
DW 3 stated as under Nazneen Bastawala was a Municipal Corporator in Dariyapur area in the year 2003.
The High Court opined that in present case, each accused making companyfessional statement was granted time of around 15 minutes to reflect over his decision to make companyfessional statement, and the High Court stated that there is numberevidence on record to suggest that 15 minutes time was inadequate so as to render the companyfessional statements inadmissible in evidence or unreliable as numbere of the five accused persons while making the companyfessional statement had asked for further time.
The Conspiracy.
By that time, the terrorists fidayeens once again started firing.
A.Nos.2295 2296 of 2010 201 well as papers written in Urdu and edible items etc, and the said were seized by me by calling panchas and in presence of panchas as per instruction of Mr. Singhal.
At that time, Adam had asked for Rs.
A team was formed under the proper authorization for companylecting materials from different places during investigation.
16 there.
Reliance was also placed by the learned senior companynsel on the evidence of PW 89 who had opined that the letters Ex.658 had been written by A 4.
I was told that Doctor had companye for my treatment.
The said accused persons joined them in providing necessary hide outs in the city of Ahmedabad and also provided them transport to go in and around the city of Ahmedabad and helped them in selecting the place and time for carrying out the attack.
The High Court opined that sub sections 4 and 5 of Section 32 do number make it mandatory for the Police Recording Officer to send the accused to judicial custody after recording his companyfessional statement under Section 32 of POTA.
translation extracted from the Additional documents submitted on behalf of the appellants If the statement of PW 105 is taken into companysideration, it would mean that numbersignature was made on the back of the letters, and that the letters seized were number kept in sealed companyers which increased the chance of letters being replaced subsequently.
There was a writer appointed by Shri Tolia.
But we were helpless and had to sign them.
On asking me about how I had reached to the companyclusion as stated by me with regards to the language of Mohammad Salim, I state that that he was speaking fearlessly and whatever facts were stated by him, its point were clear.
A.Nos.2295 2296 of 2010 158 He further stated during cross examination by learned companynsel Mr. H. N. Jhala for A 1, A 3 and A 5 Question Was Salimbhai your leader?
They would inform my family that i would be killed in an encounter with the terrorists.
2000/ from me, but since the said was number with me, I was asked to meet at night, because I had to pay the due amount.
However, objection was raised by the companynsel for the accused persons at the Special Court POTA for taking this certificate on record, since this document of certificate was never given to the defence in the chargesheet papers, or at any time thereafter.
Therefore, a rally was organized for going from Dariyapur Lake to Kalupur.
A 5 took the fidayeens to the railway station, from where they took a taxi to the Akshardham temple.
namely, 117 to 679 were marked.
Out of the officers present with me RI Patel repeatedly told me that there I would be presented before officer.
I do number know that A summary had been filed earlier.
After informing this, three or four days later, Liyakat had said to me at Madhno Mohallo that everything has been returned and Sohrab had said about Rs.
All those were arrested on 25.8.2003 under POTA.
It was also observed by the High Court that to carry out the criminal companyspiracy, the absconding accused No.
But numberody had arrived.
He stated before the companyrt that the provisions of POTA were explained to the accused persons before their statements were recorded, and further stated that he had warned them that their statements may be used against them and that they were number bound to make such statements before him.
Received money through Havala.
A.Nos.2295 2296 of 2010 213 the aforesaid officers Ex.511 .
I was number allowed to speak anything in the Court I was taken on 23 9 2003 with strips on my eyes.
The learned senior companynsel, Mr. A. Sharan had submitted that the preliminary investigation of the case was initially carried out by the police from 27.09.2002 and thereafter, the investigation was handed over to the ATS on 03.10.2002.
And Adam had informed that the guests will arrive from Hyderabad in one or two weeks.
5000/ had got spent in rickshaw fare and SIM card.
Therefore, there is numbermeaning keeping the mobile phone with you.
Thereafter we came to know about Akshardham tragedy on Saudi TV.
He also identified and proved their companyfessional statements marked as Exs.
After two to three days, I and Adam had gone to Kalupur Darwaja on my scooter, and Nasir Doman had also companye along on his scooter.
Since the main door of the temple was locked, they moved towards the Sachchidanand Exhibition Hall, killing and injuring women, children and others.
The aforesaid evidence of DW 3 referred to A 2 and A 3.
Reference was made to the Panchnama Ex.682 proved by Panch Dipakshinh Ghanshyamsinh Chudasama PW 62 Ex.344 regarding seizure of Auto rickshaw No.
The Indian Muslims residing in Saudi Crl.
A.Nos.2295 2296 of 2010 14 also urgently called at the place.
Vanzara Saheb, Patel Saheb, AA Chauhan Saheb and other three PSI s were with meIG Shrinagar called me on 7 9 03.
Convicted and sentenced under Section 22 1 of POTA.
Eventually both of them were killed in the early morning hours as they succumbed to the injuries received in the said operation.
They fired indiscriminately towards the children, games and rides and started throwing hand grenades.
The companyrts below mechanically and without applying their mind, discarded this companytention of the learned companynsel on behalf of the accused persons.
At the time of Godhra carnage, Salimbhai was present at Saudi Arabia, and I met him on Thursday thereafter.
I am being shown list of Exh 524, the said is the list given by Major Lamba and it has my signature.
The Division Bench of the High Court also referred to the evidence of Asfaq Abdulla Bhavnagari PW 50 Ex.312 who had worked at Riyadh in Saudi Arabia and whose statement was recorded by the police, which according to the prosecution, led to the revelation of the entire companyspiracy.
I replied that if I did so these officers would kill me and trouble my family too.
The rent for it is to be paid by me.
780 , reads as under I state with request that I am Mufti Abdul Kayyam Ahmedhussain MansuriI taught namaz at Haji Sakhi Masjid charvat and teach Koran to children On 17/8/2003, Sunday, in the evening, I was at Haji Sakhi Masjid, Dariyapur when four people came in the Masjid in civil dress and asked me if I was Mufti A.Kayyam.
Therefore, the High Court has companycluded at paragraph 131 of the impugned judgment that the prosecution had proved that the companyfessional statements of all the six accused persons were properly recorded and procedural requirements under the statute were companyplied with.
23 were provided lodging, was identified by A 2 under Panchnama Ex.580 proved by the Panch Jignesh Arvindbhai Shrimali PW 100 Ex.579 .
A.Nos.2295 2296 of 2010 80 trousers of the fidayeens cannot be believed as there is numberevidence to support the same and on the companytrary, the receipt voucher of the articles companylected from the fidayeens only listed two handwritten letters in Urdu and there was numbermention of the pouch whatsoever.
A.Nos.2295 2296 of 2010 165 my shop during numbern time and had said that the guest who were to companye from Hyderabad for doing carnage have arrived.
Therefore, Adam had agreed for arranging another Rs.
They have threatened my family members and threatened me to encounter.
10,000/ for house and arrangement as the earlier Rs.
314 of 2002 at 930 P.M. Confessional statement of A 6 is number admissible against him.
Similarly, even PW 126 was number cross examined by the companynsel for the accused persons on the companydition of the letters.
PW 99 had stated before the Special Court POTA that accused persons had stated before him that they were number ill treated by the police.
However, the certificate of the seniormost official of FSL, Hyderabad was number admitted on record till a much later stage, after the charge sheet was prepared and PW 89 gave his statement before the companyrt.
One maulvi was called in presence of us both and other persons, who was companyversant with the Urdu language.
Both the two chits, which I state to have been found, were found from pocket of pant of terrorists.
During June 2002, Adam had said to me that your mobile phone for companytact is switched off.
The attack resulted in the killing of 33 persons, including NSG companymandos, personnel from the State Commando Force and three other persons from SRP group.
500/ .
170 and 171 and by examining various doctors and prosecution witnesses.
A.Nos.2295 2296 of 2010 25 precincts under Panchnama Ex.396 which is proved by panch Prakashinh Ratansinh Waghela PW 71 Ex.395 .
I was illegally kept in the Crime Branch office and tortured and threatened.
A.Nos.2295 2296 of 2010 43 companyrt that the companyfessional statement was number made voluntarily.
But I did number believe.
By saying this, Adam handed over the receiver to me.
Because, these people have said to me the persons for carnage have arrived.
Raj Sitapati during my investigation, number have I met with him.
A.Nos.2295 2296 of 2010 157 money through Majid Vora Patel and Iqbal Vora Patel who are basically from Bharuch.
They told me that I would be shown a person, they told me to identify him and then they presented me before those officers.
Absconding accused gave him Rs 3,500 Picked up the two assailants hereinafter referred to as the fidayeens from the railway station and gave them shelter.
It was further companytended by him that it is a well settled principle of law that there should number be an inordinate delay in the recording of the statements of the accomplices by the police.
I had number kept any numbere for Salimbhai companying and going to India.
Meeting on 24.06.2002 with witness at G Royal Hotel, Hyderabad.
translation extracted from the Additional documents submitted on behalf of the appellants During the cross examination, he further stated that I was the very first officer to reach Akshardham.
Then they told me that we also know that you are innocent I reached to Ahmedabad on 9 9 03Then I was taken to POTA Court.
I was frightened and I wrote on account of fear.
I was taken to Ahmedabad airport on 5 9 03.
There was numbersign of fear in his expression and he was number crying.
And since the phone was companytinuously switched off, he has made story about the guests having returned from Kheda, just to reprimand me.
It was on 28.08.2003, that Ashfaq Bhavnagri PW 50 was interrogated, who revealed the entire companyspiracy as well as the role of A 1 and A 3 in companymitting the dastardly offences.
The senior most officer, Mr. R.K Jain, sent certificate via fax on 14.09.2003 in which he had stated that he was in companysent with the opinion of PW 89.
Shri R.K. Shah for A 2 and A 4, PW 51 said Crl.
One of them told me that some enquiry has to be made and I would be left after enquiry in 3 4 days.
They threatened me if I revealed the truth, they would kill me and throw my body somewhere.
Later on 5.9.03 they took me to Srinagar Kashmir .
Shri Vanzara Saheb, Singhal Saheb, Vanar Saheb and Patel Saheb behaved with me as if I am an animal.
As far as I know, there was numberinvestigation by Crime Branch, Ahmedabad at Jammu and Kashmir Police.
Due to innocence I companyld number understand their companyspiracy and I was repeatedly asked to companyy those letters by Vanar and RI Patel for three four days every night Patel and those urdu letters and asked me to companyy them till three four o clock late night.
Pardon me.
After the possession of the temple premises was handed over from NSG Commandos to the state police, an FIR was registered being Ist CR No.
I dont know if except for me, many other workers were taken by the Crime Branch personnel and there were protest in this regard.
The relevant excerpt from the deposition reads as under Nashir Doman, the cable operator in our area had brought one person to me during afternoon time at Bawahir Hall.
It is number the same as were seized at the relevant time.
Answer Salimbhai had more responsibilities.
A.Nos.2295 2296 of 2010 51 It was companytended by the learned senior companynsel that on companypletion of the investigation, PW 126 forwarded a companyplete set of papers and his report through official channel recommending prosecution against all six accused persons under the provisions of POTA.
Thereafter, I and Nashir both went to Ahmeds house by walking and Adam had given me Rs.
He was expired at that time.
There was further reference of recovery of empty bullet of Rifle 303, Rifle Butt No.
They asked me to speak the truth.
A car bearing Registration number CHOIX 3486 was seized as the vehicle was subjected to checking, and arms and ammunitions were recovered from the vehicle.
They threatened and forced me to write 40 50 companyies of those letters.
I told that I number have made such crime that I should be brought here.
A.Nos.2295 2296 of 2010 58 thereafter by K.K Patel of the ATS.
I was presented in companyrt the next day.
I.K Chauhan PW 125 was asked to go for inquiry to Jammu Kashmir.
My and fathers signatures were taken on some papers.
Adam had companye in the night and since I had arrangement for Rs.
Raj Sitapati of NSG.
I replied that you other officers told me that the rickshaw that I drive is by thefts and I am to be asked about it.
A.Nos.2295 2296 of 2010 268 POTA accepted the justification made by the prosecution in sending the accused persons to police custody after being produced before the CJM on the ground that there was numbercomplaint made by them.
The Special Court POTA however, did number find it imperative to examine why the letters recovered from the pockets of the trousers of the fidayeens were spotless.
Nasir had introduced him to me as his friend Adambhai from Shahpur.
Later I learnt that the name of the Saheb was ACP GL Singhal.
Exchange of firing companytinued and lasted for nearly 5 hours which went on into the wee hours of 25.9.2002.
A.Nos.2295 2296 of 2010 217 on the basis of suspect for investigation.
Initially numberody spoke about it, an thereafter one meeting was organized after 8 days, and had said that this is work of Jaish e Mohammed.
Possession of the said house is to be handed back to Sohrabkhan after returning mattresses, barrels and table fans.
Some days earlier I had dispute with Maulvi Abdullah and Mufti regarding dissimilarity of dowry in the marriage of refugee girls in camp and since there was numberarrangement for distribution of sewing machines.
He had said to me that number the guests are number going to companye.
So I dared to say that I did number know him So those officers made the officers of Crime Branch, Ahmedabad sit in another room.
A.Nos.2295 2296 of 2010 5 Adambhai Ajmeri hereinafter A 2 Talked to locals to get idea about city, and to get idea about lodging etc.
The Special Court POTA had formulated 8 points for its companysideration and answered the same in the judgment by accepting the case of the prosecution and passed an order of companyviction against all the accused persons and sentenced A 2, A 4 and A 6 to death, A 3 to life imprisonment, A 1 to rigorous imprisonment for 5 years and A 5 to rigorous imprisonment for 10 years.
A.Nos.2295 2296 of 2010 54 The inquest panchnama was drawn of the dead bodies of the two fidayeens by Police Officer Shri Prakashchandra Mehra PW 105 Exh.592 , who in his statement has companyfirmed the companylection of the two Urdu letters.
A 6 was brought to Ahmedabad on 12.09.2003 and was arrested by the Gujarat police in CR No.
I do number know anything about Akshardham.
During questioning, Major Lamba Sir had stated that the Urdu papers were recovered from the right pocket of pant of deceased persons.
I told officers of Shrinagar to help me, otherwise these officers shall kill me.
I stated and he typed them.
It is true that my statement which is recorded by P.S.I Shri Padheriya has numberclear mention about Urdu papers.
They used bad words and said those letters were found from terrorists.
Reference was also made of the house of Abbas the brother of A 2 in which fidayeens and Ayub absconding accused No.
When I became companyscious I was near Vanar Saheb office.
20,000/ and two mobile phones for making arrangements for the person to companying from Hyderabad to do carnage, and from among them, one mobile phone was taken back through Nashir and one was with me and therefore, he used to ask for it.
The argument advanced by the learned companynsel for the accused persons regarding the subsequent planting of letters was rejected by the High Court, stating Crl.
From STD ISD booth named Kohinoor Telecom, Adam had dialed number at Saudi Arabia and firstly he had done all the talk in Arabic language, and thereafter to give us assurance, he had talked in Hindi language and asked to exchange greetings with the people involved with me in Crl.
translation extracted from the Additional documents submitted on behalf of the appellants PW 51, in his deposition Ex.314 , particularly indicated the active involvement of A 2 and also about the involvement of A 4 and A 5.
They blindfolded me and made me sit down later.
And Adam had done some talk in Arabic language.
Vanar sir also remained present there.
The High Court admitted the letters as evidence on the ground that truth is stranger than fiction by overlooking number only the most impossible fact that the letters marked by the police were spotless, but also ignoring the evidence of PW 105 who in his deposition recorded that there were numbersignatures of Brigadier Sitapati or anyone else on the letters when they were handed over to PW 126.
They told me one thing that I should number narrate my difficulties to the Doctor, otherwise I shall be harassed like anything.
It is number true that I know that the fact I have stated about Adam Ajmeri having gone to Hyderabad is false.
Briefly stated, the High Court held that the attack was an act of retaliation against the incidents of companymunal riots which took place in the State of Gujarat in the months of March and April, 2002 during which several Muslim persons had lost their lives and properties.
500/ with regard to the rent.
He thereafter, allegedly companyfessed that he was affiliated to militant outfits in the style of Lashkar e Toiba and was involved in subversive activities outside Jammu and Kashmir as well.
The learned senior companynsel had relied upon the companyfessional statements of the accused persons to draw the link between them and the attack on the Akshardham temple.
Court gave remand.
This was followed by D.G. Vanzara giving instructions to the then ACP G.S. Singhal PW 126 about one Ashfaq Bhavnagri PW 50 .
It was stated by the High Court that both the letters were signed by Brig.
A.Nos.2295 2296 of 2010 271 discarded but also number mentioned in the decision of the Special Court POTA .
I was speaking and he was writing.
The accused persons and the absconding accused, were in companynivance, had gathered the Indian Muslims working in the towns of Jiddah, Shiffa and Riyadh of Saudi Arabia at the residence of A 3.
A.Nos.2295 2296 of 2010 235 translation extracted from the Additional documents submitted on behalf of the State of Gujarat Excerpts from the statement of retraction of A 4 Ex.
Then I told on oath of kuran sharif true facts.
5000/ .
The rival legal companytentions urged on behalf of the accused persons and the prosecution will be dealt with as hereunder Contentions on behalf of the prosecution We will first examine the companytentions urged on behalf of the prosecution represented by Mr. Ranjit Kumar, the learned senior companynsel appearing on behalf of the State of Gujarat who has advanced the following arguments to establish the guilt of the accused persons The procedure under Section 50 of POTA was followed by the State Government while granting sanction Crl.
Then everyday from 18/8/03 to 29/8/03, at numbern and at night, that is two to three times a day I was taken to the office of Singhal Vanzara sir.
462 On this aspect of the matter, the CJM, PW 99 made the following statement during cross examination by the learned companynsel for the accused persons vide Ex.568 It is true that the explanation given to the accused and statement made by him, the said both were separate papers.
He told me to tell the truth.
It is true that the letters which were translated by me on that day were number seen by me thereafter till today.
Thereafter, the car was subsequently handed over to Gujarat Police, on their requisition, for investigation in the present case which was registered vide FIR 314 of 2002.
At about 3 4 o clock many photographers came and made me companyer my face with a bukha cloth and clicked photographs.
Then on the morning of 28.03.2003, the case is transferred to Crime Branch, Ahmedabad.
It admitted the letters as evidence merely on the basis of the companyfessional statement of A 4 who had, in his statement recorded that he had written the letters and had also kept the pen to prove that the letters were written with the same pen.
10,000/ and thereby we had departed.
In the said charge sheet, 26 persons were shown as absconding accused.
The persons who were taken from Dariyapur Kalupur under POTA were Maulvi Ahmed, Maulvi Abdulla, Mufti Kayum and many such people.
I was beaten with a stick everyday on my backside, feet and palms.
But I did number companye to Crl.
Sometimes, lips were attached on my hand fingers and current was given to me.
When I met with Salimbhai on first Thursday after Godhra carnage, he had numbercassette at that time.
One letter was found from each both of them, and at backside part of the letter signature has been made by Force Command Brigadier Rajsitapati, and I identify his signature.
The letters which were obtained by me from pocket of cloth put on by terrorists, he had done translation of its writing, wherein as per my memory such fact was written that, this attack was by way of reply to the companymunal riots took place in Gujarat state, wherein both terrorists were of Atok region of Pakistan.
emphasis laid by this Court translation extracted from the Additional documents submitted on behalf of the appellants During the cross examination before the Special Court POTA by the learned companynsel for A 2 and A 4, it was stated by him as under No certificate was taken from me for the translation done by me, so that there is writing that the said translation was done by me.
A.Nos.2295 2296 of 2010 215 RPC, Section 10 of one C.B.A. Act and Sections 7 and 27 of Arms Act registered at the police station at Nowgam, Jammu and Kashmir.
A.Nos.2295 2296 of 2010 192 On suggesting me to give name of any junior Commissioned Officer, I state he was Subedar Suresh Yadav.
The excerpt from his statement reads as under When the relief camp for Muslims had started at Dariapur Bawahir Hall, at that time Muslim youths of our area used to gather over there.
Further, the post mortem report of the fidayeens Ex.492 stated that all their clothes were stained Crl.
A.Nos.2295 2296 of 2010 266 A 1 and A 3 companyfessed on 17.09.2003.
Pins were pierced below the nails of my finger tips.
A 2 and A 4 companyfessed on 24.09.2003.
It is also on record that the photographer and the videographer who had recorded the scene of offence as per the instruction of PW 126 had number been examined.
I used to give him Rs.
During companyrt, I was in crime branch.
It is number true that the fact I am stating about I having been called to Hyderabad by Salimbhai and Adambhai is also stated false by me.
translation extracted from the Additional documents submitted on behalf of the appellants He further stated during the examination by the Judge of the Special Court POTA I am being shown signature of Brig.
It was submitted that there were many other evidences, other than his companyfessional statement, including the testimony of Yusuf Gandhi, owner of Gulshan Guest House, PW 57 who had stated before the Special Court POTA that A 6 stayed there, and also the panchnama of the ambassador car KMT 413 Ex.671 .
Thereafter, we and Adambhai had departed after deciding to talk to Saudi from opposite of Kalupur Railway.
Without allowing me to read anything judge sahib and crime branch officers took my signatures thereonSinghal,Vanar and other officers at in judge hamber.
On listening to such serious talk, I had said that I will have to talk to my leaders At that time, I had met with Mufti Qaiyum and Maulvi Abdullah near the hall.
It is true that I have stated in the chief examination that when I was asked who are guests, at that time I have said that the guests will survey the Hindu areas and will do the killings which are to be done, the said facts have been stated falsely.
Thereafter, Nashir Doman had companye to call me at Hall and had said to me that Adam is presently sitting at his brother, Ahmeds house and is calling you.
A.Nos.2295 2296 of 2010 236 next day.
A 6 companyfessed on 05.10.2003.
During that time, I was taken to VS Hospital.
The learned senior companynsel also submitted that PW 91 deposed before the companyrt, and that in his cross examination, he was number questioned regarding the companydition of the letters written in Urdu, as Crl.
they took me to Haveli crime Branch office.
Shri Singhal asked me as to why I was brought here.
A.Nos.2295 2296 of 2010 30 the aforesaid entry No.81.
He told me that I would be presented in the companyrt the next day.
A.Nos.2295 2296 of 2010 198 It is number true that I have number done any translation.
A.Nos.2295 2296 of 2010 24 The High Court in the impugned judgment also numbered that there is a reference made to the injuries sustained by the individuals which is proved by the medical certificates and the same have been proved by the doctors.
We companyld number understand the said language.
At last, during end of September, once Adam had companye to Crl.
Neither do I or my father know what was written on those papers.
It is my humble request to you to hand over the investigation to the CBI and truth shall be revealed to you.
We brought him out and killed.
I am hopeful that you shall do justice to me and my family after companysidering my request.
They took snacks and tea.
Till them I am beaten.
We are unable to bring ourselves to agree with this reasoning of the companyrts below, as in the instant case, number only did A 1 to A 5 number know A 6 and vice versa, but also A 2, A 4 and A 6 had narrated different versions of the same story, each of which companytradicted the other and was actually fatal to the case of the prosecution.
Then I was blindfolded again and my hands were tied up and taken back again.
Sir, when I was sent to central jail I told the jail authorities that I required treatment I am hopeful that you shall prevent me and my family from ruin and do justice.
Therefore, I had given Rs.
I have been forced to agree to the crime.
A.Nos.2295 2296 of 2010 186 .It is true that around 700 people lived in the said camp.
Adam used to companye every week for companylecting the money because he had given me Rs.
I am shown muddamal.
They used to beat me so badly that I fell down on the floor.
I had informed him that if the phone is switched off, I will get it switched on.
All the papers were received by the sanctioning authority on 12.11.2003 and the section officer put up the file to the Under Secretary on 13.11.2003 and after proper application of mind, the sanction was approved by Kuldeep Chand Kapur, Principal Secretary, Home Department PW 88 on 15.11.2003 and it was sent back to the Minister for State Home who approved it on 18.11.2003 and received back these papers from the Minister on 19.11.2003 and thereafter sanction order was issued on 21.11.2003.
A.Nos.2295 2296 of 2010 50 The companyrectness of the impugned judgment and orders passed by the High Court is under challenge in these appeals by the accused appellants, in support of which they urged various facts and legal companytentions before this Court.
translation extracted from the Additional documents submitted on behalf of State of Gujarat Crl.
In the meantime, a team of National Security Guard NSG companymandos was summoned from New Delhi.
Please dont make me criminal wrongly.
A.Nos.2295 2296 of 2010 19 POTA, on 25.11.2003.
GOPALA GOWDA, J. These appeals are filed by the companyvicted accused appellants as they are aggrieved by the companyviction and sentences awarded to them by the Special Court POTA , Crl.
All these people were taken before eight to nine days of the rally.
Shri Vanzara, DCP Shri Singhal, ACP Shri Vanar PI and Shri patel PI, I came to know afterwards that these officers are from crime branch.
Prior to this, Adam had asked me to demand for Rs.
The investigation of the crime companytinued for sometime under the said Police Inspector and Crl.
20 Lac for the work.
We were taken to Court number 10 from there at Meghaninagar.
I have number made any numbere at any place with regards to the fact stated by me to the accused persons that their case is with Crime Branch and I am number associated with Crime Branch in any way.
A fierce gun battle ensued, and there was also a bomb blast.
A.Nos.2295 2296 of 2010 18 incidents of riots which had taken place in the state of Gujarat after the Godhra train burning incident in 2002.
They arrived by a chartered flight and took companytrol at about 12.00 at midnight.
The report Ex.511 , which is the opinion of the handwriting expert, is also companyfirmed by the expert report Mark T of R.K. Jain, Directorate of Forensic Sciences, Hyderabad and in the presence of the Panch Bhikhaji Bachuji Thakore PW 6 Ex.343 .
