Highest Ever Death Penalties Confirmed By A High Court : Read Reasons In 2008 Ahmedabad Blast Verdict

While confirming the death penalty imposed on 38 convicts in the 2008 Ahmedabad serial blasts case—the highest number of death sentences confirmed by a High Court in a single judgment—the Gujarat High Court held that the convicts had shown “no remorse” for their actions and displayed “scant regard for the rule of law.”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 and injuring over 240.The trial court had on February 8, 2022 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, and awarded death penalty to 38 while awarding life sentence to 11. A division bench of Justice AY Kogje and Justice Samir Dave in its 2223 page judgment, uploaded on Monday, examined the mitigating circumstances pertaining to each of the 38 death-row convicts before affirming the sentence.Observing that the convicts had not expressed remorse, the bench, while discussing the role of accused Ahmed Bava, said:"Considering the facts and circumstances of the case, the role played by the accused in facilitating the terror attack which caused consequences that have continued long after the explosions occurred and created a scar in the minds of the families of the deceased, the victims and the society at large, and also considering the criminal antecedents of the accused and the jail proceedings initiated against him including his consistent participation in anti-national activity shows scant regards for the rule of law as well as no remorse therefore , the Court is satisfied that the sentence of death penalty deserves to be imposed upon the accused and accordingly, we hereby confirm the sentence of death penalty".Making similar observations in respect of the remaining convicts, the Court confirmed the death penalty awarded by the trial court. Upholding the life sentences imposed on 11 others, the bench noted that “throughout the course of trial and during the hearing of their appeals, the accused persons have not exhibited any remorse.”The Court also directed the State to pay compensation of ₹10 lakh to the family of each deceased victim, ₹5 lakh to victims who suffered grievous injuries or permanent disability, and ₹1 lakh to those who suffered simple injuries. The compensation process has been directed to be completed by March 31, 2027.ConspiracyOn the aspect of existence of conspiracy the court held that the most prominent form of “Conspiracy” found by the world at large are the conspiracies driven by “fanaticism”, where the object is shared by the common understanding of their scriptures, culture or even upbringing and the prevailing circumstances commonly affecting a section of society united by their unique but common understanding.The court said that the word “Jihad” was frequently used in the meetings of the accused persons, which has to be understood in the perspective of the persons using it and the place where it is being used. "Therefore, use of word Jihad to take revenge in the meetings would have to be understood in context for causing Terror in a particular section (Hindus in present case) of the Society by causing en mass damage to life and property by targeted activity...This circumstance (Serial Blast) is sufficient to conclude that this crime is an outcome of a well guarded conspiracy with deep rooted motive...The locations being crowded market areas with dominated Hindu populations is to cripple the system and burden the public authority, which actually happened as an aftermath".The Court further held that planting explosive-laden vehicles near the trauma centre of Civil Hospital, timed to coincide with the arrival of blast victims, demonstrated an intention to maximise casualties and terrorise the public.Calling the successive explosions the “single most convincing evidence” of a terror attack, the bench reiterated that not every conspirator needed to know the entire plot or participate in bomb-making and planting. It found that the accused shared the common objective of spreading terror and “avenging damage to Muslims and establishing Islamic rule by committing 'jihad'.”Radicalization of individualsReferring to terrorist activities across the world and the manner of execution the court said:"Terror activities across the World have seen variety of methods be it car bombs, flying planes into twin towers, even running down the heavy vehicles into a crowded street or radicalizing an individual to become a human bomb. One such method evolved is radicalizing by using narrative of injustice to Muslims as a religion and attack on them by the instrumentalities of Government and using such narrative to instigate young persons into a drastic action with...

Highest Ever Death Penalties Confirmed By A High Court : Read Reasons In 2008 Ahmedabad Blast Verdict

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Highest Ever Death Penalties Confirmed By A High Court : Read Reasons In 2008 Ahmedabad Blast Verdict

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