HYDERABAD, Apr 8 : The Telangana High Court on Tuesday upheld a trial court’s verdict handing out death penalty to five senior operatives of banned terror outfit, Indian Mujahideen, involved in a bomb blast here that left 18 people killed in 2013.
A bench of Justice K Lakshman and Justice P Sree Sudha, describing it as a fit case for capital punishment, dismissed the criminal revision appeal filed by the IM operatives while upholding the NIA court’s judgment.
On December 13, 2016, the NIA court convicted the five members, including IM co-founder Mohd Ahmed Sidibapa alias Yasin Bhatkal, Pakistani national Zia-ur-Rahman alias Waqas, Asadullah Akhtar alias Haddi, Tahaseen Akhtar alias Monu and Ajaz Shaikh.
The lawyer of one of the accused told reporters that they would appeal against the verdict in the Supreme Court.
Two deadly explosions in Dilsukhnagar, a crowded shopping area in the city, took place on February 21, 2013. The first blast took place at a bus stop and the second near an eatery (A1 Mirchi Centre) in Dilsukhnagar.
The court in its order said it has given a liberal and expansive scope to the “mitigating circumstances” in the case and also meticulously considered the reports of the State relating to the psychological and psychiatrist evaluation (of the convicts).
The court said it is of the considered view that this is a fit case to confirm the death penalty awarded by the trial court, having taken a holistic view of all the aggravating and mitigating circumstances as well as the probability of reformation of the convict.
A corollary of the “entire discussion” in the judgment is that there is absolutely no chance of reformation or rehabilitation of the convicts, it said.
The order pointed out that life imprisonment would be completely futile since the sentencing aim of reformation is “completely unachievable”.
“Having given due consideration to all the aggravating and mitigating circumstances, we are of the firm view that this is a fit case wherein the death penalty awarded by the learned Sessions Court needs to be confirmed,” it said.
The appellants failed to make out any case warranting interference by the High Court to set aside the impugned judgment (of the trial court) and the Criminal Appeal filed by the appellants is liable to be dismissed, it said.
“We, accordingly, confirm the sentence of the death, awarded by the learned trial Court to the appellants – accused Nos.2 to 6 – convicts,” the court said in the order.
The convicts are informed about their right to prefer an appeal before the Supreme Court within 30 days, it said.
A prosecution lawyer told media that the NIA took over the investigation of the case, though it was initially probed by a Special Investigation Team (SIT) of the city police.
The prime accused Riyaz Bhatkal is hiding in Pakistan, he said.
The special court for NIA cases here awarded capital punishment to five convicts treating it as a rarest of the rare case, he said.
The NIA had filed a 4,000-page chargesheet.
Hailing the confirmation of the death sentence for the convicts, victims of the bomb blasts and local citizens distributed sweets at the eatery in Dilsukhnagar where the blast occurred.
“Instead of feeding them with public money, the convicts should be hung without delay,” said Pandu, the owner of the eatery where the blast took place, speaking to media.
Noting that some of the blast victims even lost their limbs, he urged the government to provide financial assistance to all those who sustained injuries.
He recalled feeling terrified when the explosion happened, with pools of blood visible at the site. Around 10 to 12 people died on the spot.
Meanwhile, Union Coal and Mines Minister G Kishan Reddy welcomed the High Court verdict upholding the death penalty for the convicts.
“The High Court’s confirmation of the death sentence makes it clear once again that violence has no place in a democracy,” said Reddy, who is also the president of the BJP in Telangana.
He said justice has finally been served for the victims who have been haunted by the terror incident for the past 12 years and added that the BJP would continue to stand by them.
Asserting that Prime Minister Narendra Modi’s government has “adopted a zero-tolerance approach to terrorism”, Reddy claimed that the BJP’s 11 years in power at the Centre have largely “remained free of major terror attacks”.
He added that all political parties must remember not to “encourage appeasement politics” in a democracy.
The Union Minister also appreciated the police personnel who investigated the Dilsukhnagar blasts case. (PTI)
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