The Allahabad High Court has overturned the conviction of Mohammad Ilyas in the 1996 Modinagar–Ghaziabad bus bomb blast case, ruling that the prosecution failed to establish any credible evidence linking him to the attack that killed 18 passengers.
Prosecution ‘Miserably Failed’ to Prove Case
A division bench of Justice Siddharth and Justice Ram Manohar Narayan Mishra set aside the trial court’s verdict, stating that the prosecution had “miserably failed” to prove that Ilyas conspired to plant the explosive device.
In its November 10 order, the court noted that it was acquitting Ilyas “with a heavy heart”, acknowledging the gravity of the terrorist attack that shocked the public and caused massive loss of life.
Confession Ruled Inadmissible
The judges held that the alleged confessional statement attributed to Ilyas was inadmissible, since it was recorded by the police in violation of Section 25 of the Evidence Act, which explicitly bars the use of confessions made to police officers.
The bench said the trial court committed a “great legal error” by relying on an audio cassette said to contain Ilyas’s confession.
“If this evidence is excluded, there is absolutely no evidence against the appellant in support of the charge,” the court observed. It added that witnesses who initially supported claims of an extrajudicial confession by Ilyas and his co-accused later turned hostile during the trial.
Legal Embargo Under Evidence Act
The bench stressed that the recorded confession, made before a senior police officer, could not be admitted as evidence.
“The confession recorded by the Senior Police Officer will not be permitted to be proved under law due to an embargo created by Section 25 of the Indian Evidence Act, 1872,” the order stated.
Blast That Shook Public Conscience
The case dates back to April 27, 1996, when a bus left Delhi at 3.55 pm with about 53 passengers. Fourteen more people boarded along the route. At around 5 pm, just after crossing Modinagar Police Station in Ghaziabad, a powerful blast ripped through the front portion of the vehicle.
Ten passengers died on the spot and 48 were injured. Forensic experts later confirmed that RDX mixed with carbon had been placed under the driver’s seat and detonated remotely.
Allegations and Trial Court Verdict
The prosecution alleged that the plot was executed by Abdul Mateen, also known as Iqbal a Pakistani national and alleged district commander of Harkat-ul-Ansar along with Ilyas and another accused, Tasleem. Investigators claimed Ilyas had been indoctrinated in Jammu and Kashmir.
A trial court in 2013 convicted Ilyas and Abdul Mateen under various sections of the IPC and the Explosive Substances Act, sentencing them to life imprisonment, along with additional rigorous imprisonment and fines. Tasleem was acquitted, and no state appeal was filed against his acquittal. There is no information on whether Abdul Mateen challenged his conviction.
Walks Free After Nearly Three Decades
With the High Court’s decision, Ilyas walks free nearly three decades after the incident, as the judges concluded that the evidence on record was insufficient to uphold the charges.
