2002-03 blasts: Prosecution failed to prove charges of conspiracy

Prosecutors in the 2002-03 triple blasts case failed to prove charges of conspiracy and waging war against nation against the accused, including purported key conspirator Saquib Nachan.

Prosecutors in the 2002-03 triple blasts case failed to prove charges of conspiracy and waging war against nation against the accused, including purported key conspirator Saquib Nachan. A POTA court acquitted all the prime accused of conspiracy charges for want of evidence and found them guilty only of illegal possession of arms and ammunition.

These were the first blasts in which the banned organisation Students Islamic Movement of India (SIMI) and members of terror outfit Lashkar-e-Taiba (LeT) conspired together to conduct a series of blasts in the city. (File Photo)

Designated POTA judge PR Deshmukh said the prosecution did not produce evidence to show that the accused were members of a terrorist organisation and that they conspired to commit a terrorist attack. “As far as charge of conspiracy… is concerned, except the allegations of possession of sophisticated arms and of training undertaken by accused at different places in the charge-sheet, there is no other material placed on record in proof of offence of conspiracy to wage war against the Government of India,” said the court.

According to the prosecution’s case Nachan, a former general secretary of the Students Islamic Movement of India (SIMI), Hasib Mulla, Noor Ansari and Anwar Ali hatched conspiracy with a now-deceased Lashkar-e-Taiba (LeT) operative to gather men, collect arms and ammunition, conduct training camps for them and plan a series of terror attacks in India.

The convicts

Saquib Nachan

Total sentence	10 years
Total fine	Rs 1.5 lakh
Arrested on	April 10, 2003
Role	Key member of SIMI. He arranged a meeting between accused Faisal Khan, an LeT member from Pakistan, Anwar Khan and Ateef Mulla. He got weapons, and men to carry out the blast. He also trained youngsters.

Hasib Zuber Mulla

Total sentence	10 years
Total fine	Rs 1.5 lakh
Arrested on	April 17, 2003
Role	He was arrested with fire arms and has been accused of being part of the conspiracy to carry out the blasts.

Muzzamil Akbar Abdul Ansari

Total sentence	Imprisonment for life
Total fine	Rs 4.55 lakh
Arrested on	May 14, 2003
Role	Planted bombs at 3 spots

Ghulam Khota

Total sentence	10 years
Total fine	Rs 1.6 Lakh
Arrested on	April 21, 2003
Role	He was member of SIMI. At the time of arrest, he possessed arms and explosives. Khota was also accused of providing shelter to Faisal Khanattacks and gave shelter to other wanted accused.

Dr Wahid Abdul Jabbar Ansari

Total sentence	Imprisonment for life
Total fine	Rs 1.6 Lakh
Arrested on	May 8, 2003
Role	Accused of possession and collection of arms and explosives. Ansari, along with absconding accused Taher Ansari, made the bombs.

Ateef Nasir Mulla

Total sentence	10 years
Total fine	Rs 1.40 lakh
Arrested on	April 15, 2003
Role	Ateef assisted Nachan in arranging meetings with accused, collected fire arms and explosives and gave shelter to other accused .

Mohd Kamil Mohd Jamil Shaikh Alias Abbas

Total sentence	Two years simple imprisonment
Total fine	Rs 20,000
Arrested on	May 1, 2003
Role	He was booked for getting team members and arranging meetings for them. He also arranged for fire arms to train them and housed Faisal Khan in February 2003

Farhan Abdul Khot

Total sentence	Imprisonment for life
Total fine	Rs 1.80 lakh
Arrested on	May 1, 2003
Role	He was accused of collecting and acquiring fire arms for training. He was found to be in possession of firearms.

Noor Mohd Abdul Malik Ansari Alias Imaran Alias Sikandar

Total sentence	2 years simple imprisonment
Total fine	Rs 20,000
Arrested on	May 8, 2003
Role	Had two pistols, trained for preparing, exploding bombs, arranged for two days training for all accused in April 2002

Anwar Ali Javed Ali Khan

Total sentence	2 years simple imprisonment
Total fine	Rs 20,000
Arrested on	May 11, 2003
Role	Met Nachaan and Abu Sultan in Nov 2002 at his father’s flat in Pune. Gave shelter to some of the terrorists and got men to join the gang.

The prosecution alleged around May 2001, the accused hatched a conspiracy to carry out terror attacks in Mumbai, Pune and Padgha. They collected arms, ammunition, chemicals and explosives. In November 2002, they allegedly gathered in Pune and met Pakistani national Faizal, a suspected member of LeT, to undergo arms training. Prosecutors claimed in May, June and December 2002 and January 2003 the accused collected arms and ammunitions, trained young men for the attacks and also made bombs. They alleged Dr Wahid Ansari – sentenced to life in jail – prepared the bombs and got Muzzamil Ansari to plant them at three spots.

But the court held that “as far as proof of conspiracy is concerned and to connect accused No 1 (Nachan) as member of said conspiracy, either to prove collection of firearms, ammunition and giving training to the accused persons at different places, there is no proof placed on record by prosecution”. It added that witnesses whom the prosecution examined to prove the charge of conspiracy were declared hostile and didn’t support the prosecution’s case.

To support their claim that the accused had been trained at Maholi hills, prosecutors had called in Osama Khalifa, Anas Khalifa and Faiyaz Anas as witnesses. “As per story of the prosecution there are witnesses who are either carried accused persons to Maholi hill by Armada Jeep and assisted them while lifting bag containing firearms and weapons for training and to purchase chicken from that area. But all these three witnesses did not support prosecution,” read the court’s order.