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

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.

Confession Statements as Crucial Evidence

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.

Defence Objection Overruled

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.

Court Confirms Use of Previous Confessions

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”.

Pending Supreme Court Appeals

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.

Accused and Alleged Roles

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

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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.

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