Jaipur: Quashing the special trial court’s order of death sentence to the four accused of the 2008 serial Jaipur blast case, the Rajasthan High Court on Wednesday acquitted all four accused. Questioning the investigation of the case the court has observed that the investigation Agency has miserably failed in the discharge of their duties; they have performed poorly, the investigation was not only flawed but was also shoddy and the provisions of law, as well as their own rules, were overlooked.
Disposing of the 28 appeals filed by the accused in the Court, which included one to abolish the death sentence, the division bench of Justice Sameer Jain and Pankaj Bhandari in its 62-page order observed that the trial court has erroneously relied upon inadmissible evidence, ignore material contradictions, and has also not properly considered the legal provisions enumerated in concerned laws which has led to passing of the erroneous impugned order(s) which is against the settled position of law.
The blasts that shook the Pink city of Jaipur killed 71 people while 186 were injured. The accused of these bomb blasts were caught and a special court of Jaipur in 2019 awarded death sentences and imposed a penalty of over Rs 8 lakh each to four convicts Mohammad Saif, Mohammad Sarwar Azmi, Saifur Rahman, and one juvenile for planting bombs at different places.
Additional Advocate General, Rajesh Mehrishi said the Court has acquitted all four due to lack of evidence and lapse in the investigation.
Council for petitioners’, Syed Saadat Ali said the session court had given death sentence to the four accused, against which the High Court was approached with the accused pleading innocence. One of the four accused was a juvenile, he was 16 years and 10 months then.
He said the court stated that the charges against the accused framed by the ATS and prosecution cannot be proved, and there is no evidence.
Notably, a total of 13 people were arrested by police, out of which three are currently lodged in Hyderabad and Delhi jails while three others are still absconding. Two were killed in the Batla House encounter and four others were sent to Jaipur jail.
In 2019, a special court in Jaipur convicted the four men for the blasts, acquitting a fifth, named Shahbaz Hussain. Shahbaz’s acquittal has been upheld in the High Court.
While sentencing the death penalty the lower court had said 'Jihadi mentality was behind the blast. This mentality did not stop there. After this blasts were also carried out in Ahmedabad and Delhi.' The court found Mohd Saif, Saifur Rahman, Sarwar Azmi and Mohd Salman guilty of murder, sedition and planting of bombs under the Explosives Act
Observations made by the court
The court said that It is apparent that the investigation was not fair and it appears that nefarious means were employed by the Investigating Agencies, material witnesses required to unfold the events were withheld and apparent manipulations and fabrications have been done during the investigation.
The court also observed that the investigative agency has failed to form a chain of circumstances and said ‘the prosecution has to bring home the charges levelled against the accused beyond a reasonable doubt. In the present case(s), the prosecution has failed to do so.’
The court said that It may be true that if accused(s) in a heinous crime go unpunished or are acquitted, a kind of agony and frustration may be caused to society in general and to the family of the victims in particular, however, the law does not permit the Courts to punish the accused on the basis of moral conviction or on suspicion alone. ‘Every case has to be decided by the Courts strictly on merits and in accordance with the law without being influenced by any kind of outside moral pressures or otherwise,’ said the court in its verdict ‘
Scolding the investigative agency the court said that the Investigating Agency lacked the required legal skills as they were not aware of the statutory pre-requisites and mandatory requirements.
The court directed the Director General of Police, Rajasthan, to initiate appropriate enquiry/disciplinary proceedings against the erring officers of the investigating team.
‘We hold that the Investigation Agency in the given case should be made responsible/accountable for their negligent, cursory and inefficient actions.
What happened on 13 May, 2008?
Nine bombs, using RDX, exploded at eight locations in Jaipur’s old city between 7.15 pm and 7.45 pm on May 13, 2008. Some explosives were tied to bicycles.
The first bomb went off around 7.15 pm at the bustling Johari Bazaar. More bombs exploded at the Hanuman Mandir, Hawa Mahal, Badi Chaupad, Tripolia Bazar, and Chandpole.
A day after the blasts, the Indian Mujahideen sent an email to a media house, claiming responsibility for the attack. In the email, they attached a video of a bicycle laden with explosives.
Responding to the verdict of the high court former president of Rajasthan Bjp Satish Punia said that the acquittal of the accused is a question of the investigation done by the investigative agency of the state. This is the height of appeasement of the Gehlot government, Punia.
While the human rights organization PUCL has welcomed the verdict and said that the court has rightly identified the numerous flaws in the investigation. PUCL seeks immediate action against the police who fabricated cases against the five, who spent 15 years in jail due to a delayed trial and a bad judgement of the trial court.
