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1993 Mumbai Bomb Blast Case: Special TADA Court Upholds Use Of Confession Statements In Third Set Of Trials

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Mumbai: The special TADA court, conducting the trial against the third set of accused allegedly involved in 1993 blast case, has refused to discard, the confession statements of the accused, who were prosecuted in the first set of trial.

The prosecution had recorded confession statement of around 34 accused, which turned out to be crucial evidence to prove conspiracy charges, in the first phase of trial. Based on the confession statements which were corroborated with other evidence, the special court had in 2007, convicted around 100 accused.

The accused, who were subsequently arrested, which included gangster Abu Salem, Mustafa Dossa, had also questioned use of these confession statement as evidence in the trial against them. The court then had discarded their objection. Hence, the accused now have raised the issue before the Supreme Court in their appeals against conviction.

Pending, the issue, the accused, who are now before the court in the third set of right, have also raised the same issue. The defence has claimed that the statements cannot be used against them as the accused whose statements are sought to be used, are not being prosecuted with them.

It has been condended that confession statements of the accused can only be used of if those accused are also prosecuted along with the other accused against whom the statements are used. Since, the accused were prosecuted in previous trial, and are not jointly tried with the present set of the accused, it cannot be used now.

The Special Terrorist and Disruptive Activities (Prevention) Act, (TADA) judge V D Kedar, decided to reject the objection observing that that the previous judge in second phase of the trial has already dealt with the same issues and “ruled that confessions of co-accused recorded in first part of the trial would be used against co-accused in subsequent part of the trial”.

The court also noted that the same issue is now raised by the second set of the accused, in the appeal filed before the Supreme court and it is still pending.

Those facing trial now are Farooq Mansoori-alias Farooq Takla, Ahmed Lambu, Munaf Halari, Abu Bakar, Sohaib Qureshi, Sayeed Qureshi and Yusuf Batka.

As per the prosecution Mansoori had allegedly facilitated the lodging and transport of four foot soldiers, who were recruited for the blasts before being sent to Pakistan for training. While, Lambu, Bakar, Qureshi, Batka had attended training for bomb making and also use of weapons. Meanwhile, Halari allegedly purchased the scooter allegedly used in the blasts.

Crime

Delhi: Interstate gang of auto-lifters busted, 11 stolen vehicles recovered

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New Delhi, July 24: In a major breakthrough in organised vehicle theft, the Delhi Police on Friday busted an interstate gang of auto-lifters and apprehended two thieves, with a history of committing such offences.

At least 11 stolen vehicles were recovered from their possession. The arrested accused have been booked under various sections of Bharatiya Nyaya Sanhita (BNS).

The accused were identified as Sarfaraz, resident of Mehrauli and Rahul Kesharwani, resident of Amethi in Uttar Pradesh.

The auto-rickshaw, which the criminals used in stealing the vehicles, has also been impounded by the police.

The action against auto-lifters began on a complaint by Bobby Khan, who reported the theft of his Bajaj Discover motorcycle from Chhatarpur Pahari.

A dedicated police team analysed the CCTV footage of the area and carried out extensive local enquiries. Then, acting on specific information and technical surveillance, they laid a trap near CDR Chowk, apprehending two suspects.

The police recovered 11 stolen motorcycles along with the auto-rickshaw used in the commission of the crime. This has helped resolve 11 motor vehicle theft cases, registered across different police stations in Delhi.

During sustained interrogation, both accused disclosed their involvement in multiple vehicle thefts.

They disclosed that they used to identify unattended motorcycles and scooties parked in residential colonies and public places during late-night hours.

After stealing the vehicles, they either concealed them at isolated locations or disposed of them to prospective buyers after changing their identity to earn quick money.

The Mehrauli police team undertook scientific analysis of CCTV footage, conducted technical surveillance and took direct inputs from field staff for cracking down on the inter-state gang.

With the arrest of auto-lifters running cross-border operations and recovery of 11 stolen vehicles, this deals a significant blow to the organised vehicle theft network operating in the capital.

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National News

Hyderabad cops foil bid by Youth Congress to disrupt BRS protest

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Hyderabad, July 24: Police in Hyderabad foiled an alleged attempt by Youth Congress activists to disrupt a protest by the youth wing of the Bharat Rashtra Samithi (BRS) at Indira Park over the NEET paper leak issue. The Youth Congress has accused the BRS of showing fake sympathy for the students and youths protesting in Delhi and asked why they were silent on the issue till now.

Police detained Youth Congress workers as they gathered at MLA Quarters in Adarsh Nagar to march towards Indira Park.

BRSV, the student wing of BRS, is holding a massive protest at Indira Park in solidarity against the “brutal crackdown” on students and youth in Delhi who are protesting at Jantar Mantar over the NEET paper leak and seeking the resignation of Union Education Minister Dharmendra Pradhan.

BRS Working President K.T. Rama Rao will be participating in the protest against the Delhi Police’s crackdown on the students.

However, the Youth Congress workers tried to take out a rally to Indira Park as it alleged that BRS leaders were “shedding crocodile tears” over the “police brutalities” on students in Delhi.

The protestors were raising slogans against Prime Minister Narendra Modi and leaders of the BRS.

The Youth Congress workers were led by former MP and Congress leader Anjan Kumar Yadav, who alleged that BRS leader K.T. Rama Rao has no right to stage such a protest.

He said that BRS, during its 10-year rule, had banned protests at Dharna Chowk, Indira Park but it was now using the same venue for a protest.

Yadav also alleged that BRS was showing fake sympathy for the students and youth protesting in Delhi. He wanted to know why K.T. Rama Rao, who had remained silent over the protests by students for the past 28 days, suddenly started expressing sympathy for them.

The former MP alleged that BRS and BJP were the two sides of the same coin. He said students suffered during BRS rule due to irregularities in intermediate examinations.

Police denied permission to Youth Congress for the rally and stopped the protestors from crossing the gates of MLA Quarters.

As the protestors tried to force their way, police detained them and shifted them to a police station.

Anjan Kumar Yadav and other Congress leaders were among those detained.

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Advocates across India urge SC to take suo motu cognisance of Rahul Gandhi’s protest near PM residence

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New Delhi, July 24: A group of advocates from across the country has written to Chief Justice of India (CJI) Surya Kant, urging the Supreme Court to take suo motu cognisance of the July 21 sit-in protest led by Leader of Opposition Rahul Gandhi and other Opposition leaders near Prime Minister Narendra Modi’s official residence at 7, Lok Kalyan Marg.

The representation, signed by advocates from multiple High Courts and coordinated by advocate Sanket Gupta, urged the apex court to order a fact-finding inquiry into the protest and lay down binding guidelines governing demonstrations in the vicinity of high-security installations.

The advocates contended that the protest, held outside the Prime Minister’s residence, raised issues extending beyond ordinary public assembly and touched upon concerns of national security and constitutional governance.

According to the representation, Rahul Gandhi, Congress president Mallikarjun Kharge, Priyanka Gandhi Vadra, Samajwadi Party chief Akhilesh Yadav, other MPs, and the Chief Ministers of Kerala and Karnataka held a sit-in protest in the immediate vicinity of the Prime Minister’s residence without prior information or permission.

The representation said the area was “among the most security-sensitive locations in the National Capital” and that any unregulated gathering there carried security implications beyond those ordinarily associated with public protests.

It alleged that senior police officers repeatedly requested the protesters to disperse, informing them that the site was a high-security zone, but the assembly continued despite those appeals.

The advocates further claimed that Union Minister of State in the Prime Minister’s Office Jitendra Singh personally met Rahul Gandhi and urged him to end the protest after assuring that the government was willing to discuss the issue in Parliament, but the demonstration continued for several hours.

Referring to Rahul Gandhi’s social media post calling upon citizens to join the dharna, the representation alleged that inviting members of the public to gather near the Prime Minister’s residence carried “serious and foreseeable security implications” because of the unpredictable size and composition of any responding crowd.

According to the advocates, the Delhi Police eventually removed Rahul Gandhi and other MPs from the site after nearly three hours. “It is a matter of grave concern that a Constitutional functionary such as the Leader of Opposition himself placed the police in a position where such physical removal became necessary,” the representation stated, adding that any untoward incident during the standoff could have had “severe” consequences given the sensitivity of the location.

The advocates stressed that while the right to protest is constitutionally protected, it remains subject to reasonable restrictions in the interests of public order and national security.

“It is submitted that Article 19(1)(b) of the Constitution guarantees the right to assemble peaceably and without arms, but this right is expressly subject to reasonable restrictions under Article 19(3) in the interests of public order and the sovereignty and integrity of India,” the representation said.

The representation also argued that permitting such protests at high-security installations without scrutiny could set an undesirable precedent. “It is submitted that if this becomes a regular practice, it would pose a serious and continuing threat to the internal security architecture of the country,” it said.

“The Constitution makes no distinction between the ordinary citizen and the highest office-holder — all are equally bound by law, and the right to protest guaranteed by the Constitution is, and must remain, subject to reasonable limitations, including the requirement of prior permission in sensitive areas,” the representation added.

Seeking judicial intervention, the advocates urged the Supreme Court to take suo motu cognisance of the incident, direct an appropriate fact-finding inquiry, and frame uniform, prospective guidelines regulating protests in the immediate vicinity of high-security installations.

They said such guidelines should apply equally to all political parties and formations and balance the constitutional right to protest with legitimate security imperatives.

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