Ahmedabad Serial Blasts Case: Gujarat High Court Issues Notice To 38 Convicts On State's Plea To 'Confirm' Death Sentence

The Gujarat High Court on Wednesday issued notice to the 38 convicts who were sentenced to death by a special court last month in connection with the 2008 Ahmedabad serial blast case.

The Bench of Justice Sonia Gokani and Justice Mauna Bhatt issued the notice on a plea moved by the State Government to confirm their death sentence in accordance with Section 366 of CrPC, which says that when the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court and it can't be executed unless confirmed by the HC.

It may be noted that in total 38 accused were awarded the death sentence by Special Designated Judge on February 18 in connection with the 2008 Ahmedabad Serial Blasts case wherein as many as 56 people were killed..

The Special Designated Judge, had awarded them death sentence after convicting them under Sections 302 read with Section 34 and 109 of the Indian Penal Code and Sections 10, 16(1)(A)(B) of the Unlawful Activities (Prevention) Act, 1967.

Issuing the notices, the Court has made the same returnable on June 9. 

"Noticing both the provisions of Section 366 of the Criminal Procedure Code as also para 317 of the Criminal Manual, after hearing learned Public Prosecutor Mr. Mitesh Amin assisted by learned Additional Public Prosecutor Ms. Jhaveri, we deem it appropriate to issue Notices to all, making it returnable, on expiry of appeal period which shall be calculated from 18.02.2022, on 09.06.2022."

The Superintendents of jails where these convicts are presently lodged, have been directed by the Court to ensure that each one of them is given to understand the availability of free legal aid under the statute and shall also make the same available to them.

"The e-mail ID of the High Court Legal Service Committee (HCLSC) legalaid-hcguj@nic.in shall also be made available to them. In the event of their desire to avail such legal aid, the Secretary, High Court Legal Service Committee, and in the event of such request shall respond on urgent basis and make such legal aid available," the Court further directed.

The background

Special Judge A R Patel had also awarded compensation of Rs one lakh each to those killed in the blasts, Rs 50,000 for each victim with serious injuries, and Rs 25,000 each for those with minor ones.

The court also imposed a fine of Rs 2.85 lakh each on the 48 convicts.

Patel had, on February 8, declared 49 of the total 78 accused as guilty under various offences of the Indian Penal Code, including for murder, sedition and waging war against the state, as well as under offences of the UAPA and Explosive Substances Act.

Bombs went off in Ahmedabad on July 26, 2008, at various spots including the state government-run civil hospital, Ahmedabad Municipal Corporation-run LG Hospital, on buses, parked bicycles, in cars, and other places, killing 56 persons.

Case title - STATE OF GUJARAT PUBLIC PROSECUTOR v. JAHID @ JAVED KUTUBUDDIN SHAIKH

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