ABUBUCKER SIQQIQUE Vs. STATE

JUDGEMENT

(1.) These appeals have been filed under Section 19 of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter referred to as TADA Act) against the final judgment and order dated 21st June, 2007 passed by the designated Court No. II TADA Act, 16(S)/93/CBI/ SC B/MAS, whereby the learned Judge convicted the Appellants under Section 120B IPC read with Sections 153A, 201, 302, 326, 324, 419, 436 IPC, Section 9(B)(1)(b) of the Explosives Act, Sections 3, 4, 5 and 6 of the Explosives Substances Act and Section 3(2)(i) and (ii) and Section 3(3) of the TADA Act and they were sentenced to undergo imprisonment for life.

(2.) The prosecution case in brief was as follows: After the demolition of the Babri Masjid in the month of December 1992, there were numerous violent incidents in various parts of the country attributed to Muslim fanatics against Hindu organizations, places of religious worship and other institutions. During the period from December 1992 to October 1993, the Appellants entered into a criminal conspiracy at Madras, Vaniyam Padi Melapalayam, Madurai, Bangalore, Tumkur, Anchal and other places to commit illegal acts by inciting Muslim youths to commit acts of violence and terrorism. Such acts included manufacturing of bombs, exploding them in various Hindu organizations, places of worship and other religious institutions, committing murder of persons likely to be present in the offices of such organizations and places of worship, to cause hurt to the inmates therein, to escape after the commission of such acts, to provide accommodation and shelter to the conspirators to carry out the object of the conspiracy, to go into hideouts, to harbour the offenders involved in such violent acts and to screen the offenders from the clutches of law. Ahmad Ali (A9) addressed public meetings and incited Muslim youths to fight against Hindu Munnani and RSS leaders and also to indulge in acts of violence to promote enmity between Hindu and Muslims.

(3.) On 8th July, 1993, A14 Hyder Ali (posing himself to be Ravi) and A15 Imam Ali (posing himself to be Sivakumar) visited Vadacherry (located in the outskirts of Vaniyambadi-Vellore District, Tamil Nadu) with the intention of causing bomb blasts at a public meeting addressed by one of the Hindu Munnani leaders Sridhar (PW 118). However they could not execute their plan since the meeting was over by the time they reached Vadacherry and the bomb remained unused. However they met Sridhar and after introducing themselves as Ravi and Sivakumar, expressed their desire to meet him at Chennai. The unused bomb was dismantled and kept in the house of A18 Mushtaq Ahmed at Jaffarbad in Vaniyambadi which is nearer to Vadacherry. Afterwards the duo returned to Chennai. On 29th July, 1993, A5 Abubucker Siddique, A14 Hyder Ali, A15 Imam Ali and A17 Kaja Nizamuddin went to a house in Porur and ordered a remote control device. Thereafter they went to the house of A18 Mushtaq Ahmed (absconding accused) at Jaffarabad. Together all the aforesaid accused went to Gudiyatham and purchased gelatin and detonators and brought it to the house of A18 Mushtaq Ahmed. It is further the case of the prosecution that A15 Imam Ali conducted a trial blast at the house of A18 Mushtaq Ahmed and thereafter left for Chennai on the following day. They collected the remote control ordered earlier from the Porur house and checked the same. They then purchased pen torch cells, one battery box, quartz timer, switch and some other items required for blasting suitcase bomb. On 30th July, 1993 A15 Imam Ali and A17 Kaja Nizamuddin along with A5 Abubucker Siddique and A14 Hyder Ali went to the RSS office Chennai for surveying the place. While A15 Imam Ali and A17 Kaja Nizamuddin were inside the RSS office A5 Abubucker Siddique and A14 Hyder Ali remained outside. A15 and A17 could not meet Sridhar as he was out of office. However they met other office bearers and informed him that they were running a cassette recording company in Alandur, Chennai and made an official entry of an incorrect/ non-existent address in the register kept as a record of visitors to the RSS office. On 6th August, 1993 all the above four accused went to RSS office, Chennai with suitcases containing bombs. On the way, A15 and A17 got down near a temple, applied Vibhooti (white ash) and kum (tilak) on their forehead, stuck photos of Lord Krishna on their suitcases. Again A15 and A17 went inside the RSS office carrying the suitcases containing bombs and A5 and A14 remained outside. A5 and A17 enquired about Sridhar from Shanmugam, a RSS worker. A15 and A17 had also talked to Jawahar, another RSS worker and handed over a letter addressed to Sridhar. Thereafter they came out of the office leaving behind the suitcase bombs and waited for about half an hour at a tea shop. However the bombs did not explode. A15 and A17 went inside and brought the suitcase bombs outside and took it back to the godown of A1 Rafiq Ahmed. On 7th August, 1993, they purchased new battery cells, cells for torch light and plastic covers which do not conduct electricity. These were brought for rectification and then the bombs were again kept ready in both the suitcases. On 8th August, 1993 at about 11-12 am all the above four accused went again with the two suit cases containing the bombs. Again A5 and A14 remained outside, A15 and A17 went inside the RSS office carrying the suitcases the bombs. Inside the RSS office they met PW1 Srinivasan and asked about Sridhar. After that they came out of the building leaving behind the suitcase bombs. At about 1:45 pm there was loud explosions which resulted in the death of 11 persons, injuries to 7 others and also complete demolition of the building.