Ahmedabad, June 02: The Gujarat High Court on Tuesday upheld the death sentence awarded to three convicts in the 2002 Akshardham terror attack in which 32 people were killed, and said it was a criminal conspiracy of mass killing of Hindus by Pak-based outfits to avenge the post-Godhra riots.
A division bench of Justices R M Doshit and K M Thakar, while pronouncing the verdict, rejected the appeal of six convicts, three of them awarded death sentence, against the judgement by the special POTA court here.
“Some foreign nationals, presumably religious fanatics and members of the terrorist groups Jaish-e-Mohammed and Lashkar-e-Toiba, out of hatred for Hindus, decided to commit crime against them in Gujarat and accomplished their goal without any loss to themselves,” the court observed.
“They (persons of foreign origin) made a master plan of mass killing of Hindus in Gujarat to wreak vengeance for the loss suffered by the Muslims during the communal riots in the state in 2002,” it said.
Two LeT militants and Pakistan nationals, Murtuza Hafiz Yasin and Ashraf Ali Mohammed Farooq, were killed by NSG commandos during the attack on the temple near here on September 24, 2002.
To execute the plan, the terror organisations roped in young Muslims from India, particularly from Gujarat, working in Saudi Arabia, the judges said.
“They instigated young Muslims from Gujarat to become members of the terrorist groups. They were instigated to rise to fight for Islam and in name of Islam,” the court said.
The court was of the opinion that apart from the victims who died or injured in the attack, the convicts themselves were victims of religious fanaticism.
“The accused got involved with full knowledge of what was the aim of the conspiracy and what would be the consequences. They enthusiastically carried out their part of the conspiracy ruthlessly without considering the consequence that would fall upon them and their families. We look at them as the victims of religious fanaticism.”
The judges said they were aware of the fact that the convicts were ordinary citizens of India who did not have any criminal background. “(But) the gravity of the crime they have committed far outweighs these mitigating factors.”
Terrorists armed with automatic weapons and hand grenades had stormed the Akshardham temple and killed 32 people 28 devotees, three commandos, including one from NSG, and a constable of the State Reserve Police (SRP).
NSG commandos were called from Delhi and they shot down the two terrorists holed up inside the sprawling temple after a 14-hour gunbattle. The terrorists had planned to take hostages, but they were not successful in their attempt.
Three persons Adam Ajmeri, Shan Miya alias Chand Khan from Bareilly and Mufti Abdul Qyyum Mansuri, were awarded death sentence by the POTA court in July 2006.
Among three other convicts, local youth Mohammed Salim Shaikh was awarded life sentence, while Abdulmiyan Qadri and Altaf Hussain were given 10 and five years in jail, respectively.
The court observed that the attack could have been avoided had Mufti Mansuri and Abdulmiyan Qadri, the community leaders, been vigilant.
“Instead of fuelling hatred, they could have utilised their authority to pacify the people and to douse the sense of hatred. The carnage, which could have easily been avoided, was accomplished.”
The court further said the convicts too were victims of the same crime as they are going to lose their life to the gallows or in jail.
“Their families will have to suffer for rest of their lives. We only wish these young people, who are easily lured into committing the crime in the name of religion, are also made aware of the consequences that may befall upon them and their families. Their energy and idiosyncrasies could be diverted for constructive work for betterment of themselves and the society,” the court noted.
About the role of the convicts, the court said Ajmeri, an autorickshaw owner, had taken the two terrorists around the city to help them choose a target.
Chand Khan, originally from Anantnag in Jammu and Kashmir, who owned an auto garage in Bareilly, UP, had arranged for arms and ammunition. Mansuri had written letters, calling for the ‘bloodbath of Hindus’, which were found in the pocket of one of the slain terrorists.
-PTI