1993 BLAST 12, MARCH,1993.

Background

The Bombings

Accused Involved

Law & Case

TADA Act,1985.

The Explosive Substance Act,1908.

Arms & Ammunition Act,1959.

Indian Penal Code ( IPC ).

Arrest, Conviction & Verdict.

Conclusion

CONTENTS:

Background

In December 1992 and January 1993, there was widespread rioting in Mumbai following the 6 December destruction of the Babri Mosque in Ayodhya by extreme Hindu groups. Although there was no loss of life in the incident at the Babri Mosque, a series of riots soon erupted throughout the nation, most notably in Bombay (now Mumbai). After five years following the December–January riots, the Srikrishna Commission Report stated that nine hundred individuals lost their lives and over two thousand were injured, most of them Muslim, in the riots.

THE BOMBINGS• Fisherman's Colony in Mahim causeway• Zaveri Bazaar• Plaza Cinema• Century Bazaar• Katha Bazaar• Hotel Sea Rock• Sahar Airport• Air India Building• Hotel Juhu Centaur• Plaza Theatre near Shiv Sena HQ• Lucky Petrol near Shiv Sena HQ• Worli• Bombay Stock Exchange Building• Hotel Centaur, Santa Cruz• Area opposite of Century Bazaar• Passport Office

• ASGAR MUKADAM*• BASHIR KHAIRULLA.• ZAKIR HUSSAIN.• ABDUL AKHTAR KHAN.• FIROZ AMANI MALIK.• MOIN QURESHI.• VIJAY PATIL,ASHOK MULESHWER,PM

MAHADIK,RAMESH MALI,SY PALISHKAR.

• SANJAY DUTT & FRIENDS.

ACCUSED INVOLDED

LAW & CASE

• TADA ACT, 1985.• THE ARMS & AMMUNITION ACT, 1959.• EXPLOSIVE SUBSTANCE ACT, 1908.• INDIAN PENAL CODE (IPC).

TADA ACT, 1985.

It came into effect in 1985 till 1995. It was the first and only legislative effort by the Union

government to define and counter terrorist activities. It was formulated in the back drop of growing terrorist

violence in Punjab in the 1980’s. The law gave wide powers to law enforcement agencies for

dealing with terrorist and 'socially disruptive' activities.

TADA COURT TRIAL

Following is the chronology of events in the Terrorist and Disruptive (Activities) Act court trial into 1993 blasts: November 4, 1993: Over 10,000 page-long primary charge sheet filed

against 189 accused, including actor Sanjay Dutt November 19, 1993: The case is handed over to the Central Bureau of

Investigation. April 10, 1995: 26 accused discharged by the TADA court and charges

framed against the remaining accused. April-June 1995: Charges framed against the accused. October 14, 1995: Sanjay Dutt arrested on April 19, 1993, granted bail

by the Supreme Court. October 2000: Examination of 684 prosecution witnesses ends.

March 9-July 18, 2001: The accused persons' statements recorded.

TADA COURT TRIAL

August 9, 2001: Prosecution begins arguments in the case. October 18, 2001: Prosecution completes arguments. November 9, 2001: Defence starts arguments. February 20, 2003: Dawood gang member Ejaz Pathan

produced in court. March 20, 2003: Mustafa Dossa's remand proceedings and

trial separated. September 2003: Trial ends, waiting for judgment. June 13, 2006: Salem's trial separated. August 10, 2006: Judge P D Kode starts dictating the verdict

and says the judgment will be pronounced on September 12. September 12, 2006: The court starts delivering the

judgment, pronounces four members of the Memon family guilty, and acquits three.

ARMS AND AMMUNITION

ACT 1959

• DEFINITION :In this Act, unless the context otherwise requires,---• (a) "acquisition" , with its grammatical variations

and cognate expressions, includes hiring, borrowing, or accepting as a gift;

• (b) "ammunition" means ammunition for any firearm, and includes---

(i) rockets, bombs, grenades, shells and other like missiles,

(ii) articles designed for torpedo service and submarine mining,

LEGAL SECTION IN ACT

(1) Whoever uses any arms or ammunition in contravention of section 5 shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.•  Ashok Muleshwar, • P M Mahadik, Ramesh Mali and• S Y Palshikar; all Police Constables were sentenced 6 years imprisonment.

(2) Whoever uses any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine.• Bashir Khairulla

(3) [Whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, shall be punishable with death.]• Zakir Hussain • Abdul Akhtar Khan

Section-27

Indian Penal Code is the main criminal code of India. It is the complete code, intended to cover all basic aspects of criminal law. It was drafted in 1860 and came into force in colonial India during the British Rule in 1862. It has since been amended several times and is now supplemented by other criminal provisions.

The Indian Penal Code, 1860

Quotation : Act No. 45 of 1860

Territorial extent : Whole of India except the State Jammu and Kashmir

Enacted by : Parliament of India

Date enacted : 6 October 1860

Section 120/B: Punishment of criminal conspiracy(plan)

Whoever is a party to a criminal plan to commit an offence is punishable with imprisonment for life or imprisonment for a term of two years or more, where no provision is made in this Code for the punishment of such a plan, be punished in the same manner as if he had supported

such offence.

Section 435: Mischief by fire or explosive substance with intent to cause damage to a

property of amount of One Hundred Rupees or more

Whoever commits mischief by fire or any explosive substance intending to cause damage to any property to the amount of one hundred rupees

or more shall be punished with imprisonment of a term which may extend to seven years, and shall also be liable to fine.

Section 307: Attempt to murderWhoever does any act with such intention under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of a term which may extend to ten years, and shall also be liable to fine.

Section 324: Voluntarily causing hurt by dangerous weapons or meansWhoever voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, by means of any explosive substance or by means of any substance which is harmful to the human body, shall be punished for a term of three years or with fine, or with both.

Accused involved under IPC Yakub Memon

Rubeena Memon

Yusuf Memon

Essa Memon

Mohammed Shoaib Kasam Ghansar

Shahnawaz Abdul Kadar Shahnawaz

Yakub Memon: Death sentence and a fine of INR 3,75,000.

Rubeena Memon: Life imprisonment.

Yusuf Memon: Life imprisonment and a fine of INR 1,50, 000.

Essa Memon: Life imprisonment and a fine of INR 1,50, 000

Mohammed Ghansar: Death sentence. Also awarded life imprisonment under Section 120/b of the IPC and fine of INR 2,75,000

Shahnawaz Shahnawaz: Death Penalty and fine of INR 3,75,000

CO

NCLU

SIO

N1993-THE CASE

DEAD-200, INJURED-700+