Arun Mishra, J. - (1.) The facts, in short, envisage that initially two separate cases were registered by local Police relating to the murder of Mr. Haren Pandya, ex-Home Minister for the State of Gujarat on 26.3.2003 and an attempt on the life of Mr. Jagdish Tiwari, a Viswa Hindu Parishad (VHP) leader of Ahmedabad on 11.3.2003. The case of murder was initially registered on the basis of a complaint brought by Mr. Janak Singh Parmar, vide FIR bearing I-C.R. No.272/2003 at Ellisbridge Police Station, Ahmedabad, on 26.3.2003. After two days, the Government of Gujarat appointed the CBI to investigate the matter on 28.3.2003. Later on the case of attempt to murder of Mr. Jagdish Tiwari was also handed over to CBI and it was registered on 2.6.2003.
(2.) The evidence collected during the investigation in the cases revealed that both the incidents were part of the same transaction and in pursuance of a well-designed common conspiracy, they were committed. The motive was to spread terror amongst the Hindus. It was a part of an international conspiracy. Mr. Haren Pandya was a BJP leader who earlier held the post of Home Minister. He had played an active role in post-Godhra riots at Ahmedabad. It was alleged that he had led a mob which demolished a Masjid at Paldi locality and resisted its reconstruction. One Mufti Sufiyan, absconding accused, a preacher at Lal Masjid at Ahmedabad used his oratory skills, doctored video CDs. depicting atrocities committed on Muslims and spread radical Islamic literature to instigate and inculcate a strong feeling of hatred and retribution amongst the members of the Muslim community against members of the Hindu community after post-Godhara riots. Said Mufti Sufiyan in association with Rasul Khan Party, a defamed absconding accused of Ahmedabad allegedly, at present residing at Karachi (Pakistan), and other close associates, Suhail Khan Pathan, also absconding accused and Anas Machiswala (A-5) conspired to avenge the atrocities and implemented the same in the form of a series of violent incidents. There was an incident of tiffin bombs being planted in AMTS buses of Ahmedabad city on 29.5.2002 by a number of Muslim youths which prompted Mufti Sufiyan, Sohail Khan Pathan and others. They planned for larger conspiracy and contemplated incumbents to be sent for terrorist activities. In furtherance, thereof several youths from Ahmedabad and Hyderabad had been sent to Pakistan in groups for arms training with a view to indulge them in terrorist activities of larger magnitude on their return. Some of them had passports and others allegedly crossed the Indo-Bangla Border illegally and went to Pakistan where they obtained the training in the use of pistols, rifles, LMG, SLR, hand grenades, explosive devices, recce, deceptions, etc. They were sent for the purpose of training and after obtaining the same they returned to Ahmedabad in January 2003 and March 2003.
(3.) Rasul Khan @ Suleman before shifting to Karachi (Pakistan) resided at Hyderabad. He motivated Mohmed Abdul Rauf (A-2), a local politician to participate in the conspiracy to avenge the alleged atrocities committed on the Muslims in Gujarat and create terror in the minds of members of Hindu community. On Suleman's instance, Mohmed Abdul Rauf selected, motivated and sent 14 boys from Andhra Pradesh for arms training to Pakistan which included Asghar Ali (A1) a known criminal of Hyderabad. They were trained in Pakistan and were motivated to work in Gujarat and create terror. Asghar Ali wanted to commit big terror act and wanted to shift ultimately to Pakistan. He acted as per the advice of Rasul Khan and Mufti Sufiyan and went to Udaipur from where he reached Ahmedabad. Asghar Ali (A1) motivated his friend Mohmed Shafiuddin, a resident of Nalgonda, Andhra Pradesh to join him at Ahmedabad. Conspirators decided to finish Mr. Jagdish Tiwari in the first instance who allegedly played a leading role during the post-Godhra riots. It was decided that Asghar Ali and his friend Mohmed Shafiuddin with the necessary logistic support given by other conspirators, shall attack Mr. Jagdish Tiwari on 11.3.2003.;