New Delhi: Nearly 27 years after 13 people were killed and 38 injured in a bomb explosion at a bustling Lajpat Nagar market in 1996, the Supreme Court Thursday handed down life sentences to four convicts for the remainder of their lives without remission, saying they executed an international conspiracy to destabilise India by carrying out the blast.
The Supreme Court -- citing the severity of the offence resulting in the deaths of innocent persons -- said the case has not been dealt with the required degree of promptitude and attention. A bench comprising Justices B R Gavai, Vikram Nath, and Sanjay Karol said: “In view of the severity of the offence resulting in deaths of innocent persons and the role played by each accused person, all these accused persons are sentenced to imprisonment for life, without remission, extending to natural life”. The four convicts are –Mohd Naushad, Mirza Nissar Hussain, Mohd Ali Bhatt and Javed Ahmed Khan.
In a 190-page judgment, the top court said: “The record reveals it is only on the prodding on the part of the judiciary that the trial could be completed after more than a decade. The delay, be it for whatever reason, attributable to the judge incharge or the prosecution, has certainly compromised national interest”.
The bench emphasized that expeditious trial of such cases is the need of the hour, especially when it concerns national security and the common man. “To our great dismay, we are forced to observe that this may be due to the involvement of influential persons which is evident from the fact that out of several accused persons, only few have been put to trial. In our considered view, the matter ought to have been handled with urgency and sensitivity at all levels”, said the bench.
The bench noted that the accused persons who have not faced trial or those against whom the state has not preferred an appeal, prima facie, seem to be a part of this conspiracy. However, since they are not before us, we refrain from delving into evidence against those persons, it said.
Citing the confession of an accused, the bench said from an evaluation of the evidence on record including the judicial confession of A9 (Javed Ahmed Khan), it is evident that all these accused persons were known to each other and were participating with the common objective to carry out the blast in Delhi in furtherance of an international conspiracy to cause disruptive activities in India.
The bench said a prominent market in the heart of the capital was attacked and pointed out that it has not been dealt with the required degree of promptitude and attention.
In view of the recovery from the residence of Mohd. Naushad and the confessional statement of Khan, it is evident that these accused persons were part of the plan for future blasts in the nation as well. “The incident took place on 21.05.1996, i.e., approximately 27 years ago; the Trial Court awarded the sentence of death on 22.04.2010, i.e., more than 13 years ago; and the present accused acting at the behest of the principal conspirators; are all mitigating circumstances in not awarding the sentence of death even though it falls within the category of rarest of rare cases”, it said.
The bench said in view of the conspiracy and the facts at hand, including mitigating circumstances as against the punishment of death penalty, “we consider it a fit case to award life imprisonment without remission, extending to natural life of Naushad, Mirza Nissar Hussain, Mohd Ali Bhatt and Javed Ahmed Khan”.
