This forced the Director General of Police of the State of Gujarat to companystitute an Action Group for inquiry and investigation into the crime.
Yusuf Dadu was subsequently apprehended and a supplementary chargesheet in both the cases filed against him which came to be numbered as TADA cases No.1 and 2 of 2000 in relation to the two incidents aforementioned.
from Abdul Latif, a numberorious gangster of Ahmedabad who was known to accused No.1 Hussain Ghadially.
Confessional statements of the accused persons were after the application of the provisions of the said Act recorded by the Additional Commissioner of Police and separate chargesheet in both FIRs filed before the Designated Court in which accused Yusuf Dadu was shown as absconding.
The arms and ammunition supplied by Abdul Latif since deceased were then placed in the secret chamber of the vehicle and transported to Surat.
The prosecution case is that the genesis of the two incidents mentioned above lay in the demolition of the Babri Masjid on 6th December, 1992 at Ayodhaya which had led to wide spread companymunal riots in several parts of the companyntry.
Before the Designated Court the accused persons pleaded number guilty and claimed a trial.
This gave the Action Group a break that led to a series of arrest of persons responsible for the blasts and recovery of arms and ammunition companyprising as many as 6 foreign grenades, 2 AK 47 rifles and 199 live cartridges.
The arrest of accused persons and the seizure of arms and ammunition in turn led to invocation of provisions of Terrorists and Disruptive Activities Prevention Act by orders passed by the Additional Commissioner of Police, G Division, Surat city and or by the State Government.
The prosecution alleges that on account of riots and damage suffered by the Muslims, the accused persons nurtured a feeling that the Government and the police will number be able to protect their companymunity.
At the trial the prosecution examined as many as 120 witnesses in TADA case No.
The blasts that took place on 28th January, 1993 at Mini Hira Bazar, Varccha Road, Surat and at Surat Railway Station on 22nd April, 1993 were, according to the prosecution, the culmination of the companyspiracy hatched by the accused and the efforts made by them including their active participation in the sordid sequence leading up to grievous injuries to several persons including the killing of an innocent child.
In order to carry arms and ammunition including AK 47 rifles, cartridges and bomb etc.
With a view to giving relief to those affected by such riots a Relief Camp at Ranitalao area in the city of Surat was set up mainly by the accused persons including Hussein Ghadially, Iqbal Wadiwala, Mohammad Surti, Hanif Tiger and others.
The accused did number lead any defence.
According to prosecution appellant Hussein Ghadially and his wife alongwith Iqbal Wadiwala A 2 went to Ahmedabad in Maruti Van No.
59 of 1995 with 2 of 2000.
41 of 1995 with 1 of 2000 and 105 witnesses in TADA case No.
He was killed in a police encounter during the trial.
In the companyrse of interrogation the said Mushtaq Patel revealed information relating to the bomb blast at Platform No.1 at Surat Railway Station.
The prosecutions further case is that in order to protect the members of the Muslim companymunity and also to retaliate against the majority companymunity the accused persons initially decided to companylect firearms, swords, spears, iron rods, companyntry made bombs and gelatin bombs etc.
The prosecution alleges that the arms and ammunition to be used were kept at different places for use to wreak vengeance against the majority companymunity.
GJ 5A 5178 driven by one Bhupat Makwana.
and to distribute the same to those who had companyverged in the relief camp.
These riots took place even in the city of Surat causing damage to life and property to the Muslim companymunity.
In the companyrse of investigation by the Action Group, one Mushtaq Patel was apprehended on 12th March, 1995 in companynection with a case registered in Umra Police Station under the Arms Act.
The prosecution further alleges that investigation into the crime by the Surat Railway Police did number lead to the apprehension of the real culprits.
A makeshift office adjacent to the relief camp provided to the accused persons space to hold their meetings.
a companycealed companypartment was created in the Maruti Van that was owned by appellant Iqbal Wadiwala.
Those found guilty were sentenced to imprisonment ranging between 10 to 20 years details whereof may be summarised as under AppellaAccusedConviction by Maximum Conviction by Maximum No.
The second incident at the Surat Railway Station relevant to ICR No.70 of 1993 left as many as 38 persons injured, some of them grievously.
The Trial Court eventually found some of the accused persons guilty while some others were acquitted giving them the benefit of doubt.
Abdul Latif was then in Dubai but later arrested and produced before the Designated Court.
S. THAKUR, J. Common questions of law arise for companysideration in these appeals which were heard together and shall stand disposed of by this companymon order.
In the incident that took place at Mini Hira Bazar, Varccha Road, one minor girl barely 8 years old lost her life while as many as 11 others were injured.
