Gujarat High Court cites scale of terror, conspiracy to uphold death penalty for 38 IM operatives
Ahmedabad: The Gujarat High Court has dismissed all appeals filed by the convicts in the 2008 Ahmedabad serial blasts case and upheld the February 2022 special court verdict, which awarded the death penalty to 38 Indian Mujahideen (IM) operatives and life imprisonment to 11 others. The state government had sought confirmation of the death sentences.
In its July 7 judgment, the division bench held that the criminal backgrounds and roles of the 38 convicts clearly established their involvement in a terrorist act deserving the death penalty. The court noted that the special court had carefully weighed both mitigating and aggravating factors before imposing the sentences.
The High Court observed that the large number of deaths, the “humongous” conspiracy, the intent to create widespread terror, the conduct of the convicts during the trial, and the scale of the attack justified the award of capital punishment. It described the bombings as an “inhuman and dastardly act” that claimed innocent lives.
“The manner in which the bomb blasts were executed speaks volumes about the mindset and the remorseless act of taking away the lives of innocent people,” the court said. The bench further noted that several convicts had prior criminal records, none expressed remorse, and disciplinary action had been taken against some of them during their imprisonment. It said there was no material on record warranting any leniency in sentencing.
The court also upheld the life sentences of the remaining 11 convicts, ruling that the prosecution had successfully proved their participation in terror training camps and their role in arranging logistics, including procuring scooters, plastic containers and clocks used in the blasts, besides providing shelter to other accused.
Finding the special court’s reasoning to be “just and appropriate”, the High Court also affirmed the fines imposed on the convicts, citing the scale of destruction, damage to public property and the extensive loss of life and injuries. The bench directed the Gujarat government to pay compensation of Rs 10 lakh to the families of those killed and Rs 5 lakh to those who suffered grievous injuries by March 30, 2027.
Among those convicted is Safdar Nagori, former leader of the banned Student Islamic Movement of India (SIMI), along with his associates from 11 states, including Gujarat, Madhya Pradesh, Kerala and Uttar Pradesh. The case involved 78 accused after 35 police cases, 20 FIRs related to the Ahmedabad blasts and 15 linked to unexploded bombs recovered in Surat, were merged for trial. Of them, 49 were convicted by the special court.
The High Court heard the appeals for over one-and-a-half years and conducted day-to-day hearings from February this year before delivering its verdict. The February 2022 special court judgment was the first instance in India where 38 convicts were awarded the death penalty in a single case. Earlier, in January 1998, a TADA court in Tamil Nadu had sentenced all 26 convicts in the 1991 assassination case of former Prime Minister Rajiv Gandhi to death.
