Expeditious Trial Of Terror Attack Cases Necessary : Supreme Court Says Delay In 1996 Lajpat Nagar Blast Case Compromised National Security

“The bomb blast caused at the behest of the accused persons resulted in the death of 13 persons and 38 persons suffered injuries. There was further damage caused to the livelihood of the shopkeepers, whose shops were burnt down due to the said bomb blast. It is evident that these accused persons were part of the plan for future blasts in the nation as well. The incident took place on May 21, 1996, i.e., approximately 27 years ago, the trial court awarded the sentence of death on April 22, 2010, i.e., more than 13 years ago…are all mitigating circumstances in not awarding the sentence of death even though it falls within the category of rarest of rare cases.”

A bench of Justices BR Gavai, Vikram Nath, and Sanjay Karol upheld the conviction of two accused and set aside a ruling of the Delhi High Court discharging two others for want of evidence. After hearing the batch of appeals – filed by both the convicts and the State – against the high court’s decision, the division bench sentenced all four to life imprisonment extending till the end of their natural lives, 27 years after the bombing.

While delivering this verdict, the apex court observed with disapproval that it took more than a decade for the trial to be completed. Justice Karol – who authored the judgement – wrote, “The record reveals it is only on the prodding on the part of the judiciary that the trial could be completed after more than a decade. The delay, be it for whatever reason, attributable to the judge in charge or the prosecution, has certainly compromised national interest.” Highlighting how crucial it was for such cases to be decided promptly, he added:

“Expeditious trial of such cases is the need of the hour, especially when it concerns national security and the common man. Regrettably, enough vigilance was not displayed by the investigating as well as the judicial authorities. A prominent market in the heart of the capital city is attacked and we may point out that it has not been dealt with the required degree of promptitude and attention. To our great dismay, we are forced to observe that this may be due to the involvement of influential persons which is evident from the fact that out of several accused persons, only few have been put to trial. In our considered view, the matter ought to have been handled with urgency and sensitivity at all levels.”

Even while allowing the appeals by special leave preferred by the government, the top court refused to restore the death sentences granted by the trial court, despite the case passing the ‘rarest of rare’ muster. Instead, the bench substituted capital punishment with whole-life sentences, holding, “Even though it falls within the category of rarest of rare cases, [there] are mitigating circumstances in not awarding the sentence of death.” The bench finally held:

“In view of the severity of the offence resulting in deaths of innocent persons and the role played by each accused person, all these accused persons are sentenced to imprisonment for life, without remission, extending to natural life. Accused, if on bail, are directed to immediately surrender before the Court concerned and their bail bonds stand cancelled. A5 (Mirza Nissar Hussain @ Naza) and A6 (Mohd. Ali Bhatt @ Killey) are directed to surrender forthwith.”

Background

In 1996, a bomb blast rocked Delhi’s Lajpat Nagar Central Market, claiming the lives of 13 people and injuring 38 others, besides causing much damage to property. A few days later, the Jammu and Kashmir Islamic Front (JKIF) – designated as a ‘terrorist organisation’ under Section 35 of the Unlawful Activities (Prevention) Act, 1967 – claimed responsibility for the attack. According to the charge sheet, the conspiracy, spearheaded by JKIF chief Bilal Ahmed Beg and involving the Inter-Services Intelligence (ISI), was hatched in Pakistan. Not only did the Delhi Police book six suspected Kashmiri militants, and two others, including a woman, but also named mafia dons Dawood Ibrahim and Tiger Menon as accused in the bomb blast.

In April 2010, a local court in Delhi awarded the death penalty to three out of the six convicted members – Mohammed Naushad, Mohammed Ali Bhatt (alias Killey) and Mirza Nissar Hussain (alias Naza) – noting that their complicity in the grave offence warranted the imposition of the capital punishment. Apart from this, Additional Sessions Judge SP Garg sentenced another convict, Javed Ahmed Khan, alias Chhota Javed, to imprisonment for life, while two others held guilty of milder charges – Farooq Ahmed Khan and Farida Dar – were released, given time already served during the trial.

However, 16 years after the blast, in November 2012, the appeals by the four convicts who were sent to jail and a reference by the police for confirmation of the death sentences were decided by the Delhi High Court. A division bench of the high court slammed the police for ‘grave prosecution lapses’ in the investigation, observing, “The nature of grave prosecution lapses, in regard to various issues such as lack of proof connecting some of the accused with the bomb incident, failure to hold TIP (Test Identification Parade) of articles and the accused…not recording the statements of vital witnesses…underline not only its lapses and inefficiencies, but also throw up a question mark as to the nature and truthfulness of the evidence produced.”

The bench, comprising Justices S Ravindra Bhat and GP Mittal, after making this observation, proceeded to acquit death row convicts Mirza Nissar Hussain and Mohammed Ali Bhatt and commute the death sentence of Mohammed Naushad to life imprisonment. However, the life term awarded by the lower court to Javed Ahmed Khan was upheld.

The two lifers then challenged their conviction and sentences before the Supreme Court, while the State filed a special leave petition seeking the restoration of the capital sentence awarded by the trial court to Mohammed Naushad. In April 2013, the top court issued notice in the batch of appeals, and in September 2016, the matter was placed before a three-judge bench by an order of the court.

The Supreme Court on Thursday upheld the conviction of two convicted whose sentences had been upheld by the high court and sentenced them to life imprisonment without remission. The convictions of the other former death row convicts who were discharged were also restored and they were awarded life sentences extending to the rest of their natural lives.

Case Details

1. Mohd Naushad v. State (Govt. of NCT of Delhi) | Criminal Appeal No. 1269 of 2013
2. Javed Ahmed Khan v. State (Govt. of NCT of Delhi) | Criminal Appeal No. 1270-71 of 2013
3. State (Govt. of NCT of Delhi) v. Mohd Naushad & Ors. | Special Leave Petition (Criminal) Nos. 6447-6451 of 2013

Citation : 2023 LiveLaw (SC) 508

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