A SPECIAL Pota (Prevention of Terrorist Activities) court has awarded death sentence to the three accused held guilty for the 2003 blasts that killed over 50 people.
Six years after two blasts at the iconic Gateway of India and Zaveri Bazaar, three Lashkar-e-Toiba members — Mohammed Hanif Sayeed (46), his wife Fahmida (43) and Ashrat Ansari (32) — were sentenced to death. This is for the first time that a couple has been convicted by a Pota court for carrying out blasts.
The special court Judge P R Puranik observed it had been proved beyond reasonable doubt that they had committed heinous acts resulting in numerous deaths. The court agreed with special public prosecutor Ujjwal Nikam that this was a rarest of the rare case where capital punishment was justified.
The trio was held guilty of planting two bombs in taxis that exploded at the Gateway of India and Zaveri Bazaar on August 25, 2003, claiming 52 lives and injuring 244. They had also planted a bomb on July 28, 2003, in a municipal bus in suburban Ghatkopar which killed two persons. The three were given death penalty under section 3(2) of Pota, and IPC sections 302 (murder), 307 (attempt to murder) and 120(b) (conspiracy).
Soon after the verdict was pronounced, police whisked away Sayeed, Fahmida and Ansari to different jails. Fahmida broke down outside the court while her husband did not react and stood calm by her side. Ashrat said: “Is andhe kanoon se kya insaaf milega (what justice can you get when the law is blind).”
Commenting on the verdict, Mr Nikam said: “We are happy that justice has been delivered. This would send a strong message to terrorists that they would get such punishment if they indulged in barbarous acts.” “Initially they had planted a bomb in a bus but since few people were killed, they decided to use powerful bombs on the instructions of Laskhar-e-Toiba,” Mr Nikam said.
They have also been sentenced to varying prison terms under the provisions of Explosives Substances Act, Explosives Act and Prevention of Damage to Public Property Act.
Mr Nikam said Fahmida had played a major role in these bomb blasts. She had planted a bomb in a bus on July 28, 2003, along with her husband’s friend Ashrat and on August 25, 2003, she and her husband Hanif planted bombs in taxis at the Gateway of India.
“Fahmida had actively participated in the process of selection and approval of location of targets. Though Fahmida was a woman she was equally cruel as other accused in the execution of conspiracy,” Mr Nikam said.
The prosecutor said Hanif was an autorickshaw driver in Mumbai and had gone to Dubai to attend a meeting during which a conspiracy was hatched by LeT to carry out the blasts. Ashrat had planted bomb in another taxi which exploded in Zaveri Bazaar.
Mr Nikam said Zaveri Bazaar in south Mumbai was chosen since the trio wanted to target the famous Mumbadevi temple nearby. The historic Gateway of India was also chosen since they wanted to target the nearby Hotel Taj where many foreign tourists stay. “The aim of LeT was to destabilise India with these blasts,” the special public prosecutor said.
Along with the couple Hanif and Fahmida, their 16-year-old daughter was also arrested for her alleged involvement in the blasts. However, she was discharged since the prosecution chose not to investigate the charges against her as she was a minor. Two other accused, Mohammed Ansari Ladoowala and Mohammed Hasan Batterywala, were also discharged from the case by the Pota court after the Supreme Court upheld a Pota review committee report that said there was no case against the duo.
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