Abolish Death Penalty India: German Bakery Pune

Showing posts with label German Bakery Pune. Show all posts

Thursday, December 20, 2018

Bombay High Court quashes death penalty to Pune bakery blast convict

Written by Aamir Khan |Mumbai |Updated: March 18, 2016 4:13:24 am

German Bakery blasts: The Bombay High Court on Thursday acquitted Mirza Himayat Baig, the lone accused who was awarded death penalty for "masterminding" the attack that killed 17 persons in Pune in 2010.

Mirza Himayat Baig, the lone convict in the 2010 German Bakery blast who was handed the death sentence by a Pune court, was acquitted of all terror charges by the Bombay High Court Thursday which, however, found him guilty of the charge of possession of explosives and confirmed life imprisonment on that count. Seventeen people died and over 50 were injured in the blast. In April 2013, when he was being awarded the death sentence, Baig had wept in court, pleading innocence and saying he was “the 18th victim of the blast”. The Maharashtra ATS had claimed he was the blast “mastermind”.

On Thursday, minutes after he was produced in the High Court, a division bench, comprising Justices N H Patil and S B Shukre, read out its order to Baig: “Aapko phaansi ki sazaa se bari kiya jaata hai (you are being acquitted of the death penalty).” Convicted by the Pune court under sections of the Unlawful Activities (Prevention) Act, Indian Penal Code and Explosive Substances Act, the High Court bench acquitted him on all five counts of death and four counts of life imprisonment while confirming a life term under Section 5(b) of the Explosive Substances Act. The charge of IPC section 474 (possession of document, knowing it to be forged and intending to use it as genuine) was also confirmed — the maximum punishment of seven years will run concurrently.

Two key witnesses had moved applications in the matter, saying they were “coerced” into giving statements against Baig during the trial. In addition, AAP leader Ashish Khetan had moved an application, claiming he had carried out a sting operation on these witnesses which revealed they were “coerced” and “tutored” by the Maharashtra ATS to give testimony. One of the key arguments of the defence in the case was that there was no CCTV camera inside the German Bakery. On October 6, 2015, the High Court was shown CCTV footage that recorded the explosion. The prosecution had then argued on the basis of the footage. It showed 15-20 customers including a middle-aged man wearing a field cap with a rucksack and a black shoulder bag.

German bakery blast convict Himayat Baig (Photo: Deccan Chronicle)

He was seen placing an order at the counter and heading to the delivery counter. In the footage, the same man was seen carrying a bag on his shoulder and walking out of the German Bakery — it was recorded by a CCTV camera placed right outside. This man, the prosecution claimed, was Yasin Bhatkal, founder of the outlawed Indian Mujahideen. Lawyer Mehmood Pracha, who defended Baig, had denied presence of any CCTV camera inside the German Bakery. Special Public Prosecutor Raja Thakare had said the two witnesses were working with Baig and were close to him. The prosecution had also claimed recovery of RDX from the blast site, matching with traces found in Baig’s house. The High Court rejected the applications filed by the two witnesses and Khetan. It directed that Baig be shifted to Nagpur Central Jail from Arthur Road Central Jail in Mumbai, where he is currently lodged, in view of a threat perception. This was done on the request of Thakare.

After the verdict, Thakare said he would recommend that the government appeal against the judgment on the ground that if Baig was guilty of possessing explosive substance, how could there not be a link between him and the execution of the blast. Pracha, on the other hand, said: “This judgment by the Bombay High Court has quashed all terror charges against Baig. Evidences were doctored to implicate an innocent person. I will appeal to the government, media and the police machinery to find the real culprits. Only then, justice to the families of the 17 people who lost their lives will be served. We too will move the Supreme Court to get full acquittal.” Baig’s brother Tariq said he had always known his brother as a disciplined, dedicated student: “He had an innate zeal to do well in studies, perhaps because we were all illiterate. He also wanted to serve the community at large. He fell victim to a botched-up investigation.”

Source: https://indianexpress.com/article/india/india-news-india/german-bakery-blasts-bombay-hc-acquits-himayat-baig-for-hand-in-blast-but-gives-him-life-under-explosives-act/ (Accessed 20 December 2018)

Wednesday, December 19, 2018

Germany Bakery blast case: Bombay HC reserves order on death sentence to accused

Dec 22, 2015, 10:35 PM IST

The Bombay High Court has reserved its judgement on the confirmation of death sentence awarded to Himayat Baig, the lone convict in the 2010 German Bakery blast case. The arguments before the bench of Justices Naresh Patil and S B Sukhare ended on Tuesday. The Pune sessions court had in April 2013 sentenced Baig to death for the blast at the German Bakery eatery in the Koregaon Park area of Pune in February 2010 which claimed 17 lives and left 58 people including some foreigners injured.

While a death sentence has to be confirmed by the HC, Baig has also filed appeal against the conviction and the sentence. The confirmation petition and the appeal were heard simultaneously by the High Court. Special prosecutor Raja Thakre argued that there was enough circumstantial evidence to form a complete chain of events leading to the blast, and the testimony of witnesses was corroborated by the documentary evidence which was not disputed. The defence didn't dispute the chemical analyser's report confirming that traces of the explosive substance RDX found at Baig's house and that found at the Bakery chemically matched.

German Bakery, Pune

A Delhi forensic laboratory where CBI had sent samples and the one in Pune where the ATS had earlier sent the samples reached the same conclusion, Thakre pointed out. Baig's lawyer Mahmood Pracha argued that the lawyer who defended Baig in the trial court had been "thrust" upon him by the ATS which had concocted the whole case." Pracha demanded a retrial, or a recall of two witnesses who had alleged that they were forced to depose against Baig.

Baig was not in Pune on the day of the blast but in Aurangabad, advocate Pracha said, adding that the `RDX' showed as recovered at Baig's behest was not proved to be an explosive substance. He also alleged dicrepancies in documents including the station diary that recorded the finding of RDX.

Source: https://www.dnaindia.com/mumbai/report-germany-bakery-blast-case-bombay-hc-reserves-order-on-death-sentence-to-accused-2158680 (Accessed 19 December 2018)

Bombay High Court quashes death penalty to Pune bakery blast convict

German Bakery Blast
13 February 2010

Friday, April 19, 2013

German Bakery blast convict gets death for 'heinous terrorist act'

Atikh Rashid , Chandan Haygunde : Pune, Fri Apr 19 2013, 03:34 hrs

Additional Sessions Judge N P Dhote on Thursday awarded the death penalty to Mirza Himayat Inayat Baig (33), who was convicted earlier this week for involvement in the German Bakery bombing of February 13, 2010, which killed 17 and wounded 64."From the proven circumstances, the act falls under the 'rarest of the rare' case. In the wake of proven facts and taking into consideration the observations made by the apex court... the only punishment the accused deserves is the death penalty," the court said.

The judge also awarded several prison terms to Baig for convictions under various sections of the Indian Penal Code, Unlawful Activities (Prevention) Act and Explosive Substances Act.
The judge observed that evidence and testimonies put forth by the prosecution had proved beyond doubt that the accused had conspired to bomb the bakery, and participated in the execution of this "heinous terrorist act"."...The accused is greatly influenced by the ideology of terrorism and looking at his calculated moves in giving effect to the conspiracy and terrorism act, I am of the considered view that there are no chances of his reformation and that he is a threat to society," the judgment said.
Baig has the right to appeal in the high court. "The death penalty is applicable only after confirmation from the High Court," said the judgment.

Baig's lawyer A Rahman pleaded for leniency on the grounds of his young age, poor family background and the fact that he was an educated person with BA and B.Ed degrees."He (Baig) is only accused of accompanying Yasin Bhatkal, who allegedly planted the bomb... None of the six other accused... have been arrested. There is no evidence... that proves Baig is a member of Indian Mujahideen or LeT," Rahman said. He also argued that the Maharashtra ATS had failed to visit the Sri Lankan capital Colombo, where the conspiracy was allegedly hatched in March 2008.Rahman cited seven Supreme Court judgments arguing that even in cases of brutal murders in which the accused was directly involved, the court has decided against awarding the death penalty.

Special public prosecutor Raja Thakre argued that Baig might have been a teacher, but the lessons he taught to youths were those of jehad and terrorism. Age, Thakre said, could not be a ground for leniency: Yakub Memon who got death for the 1993 Bombay blasts was only 33 at the time of the attacks. Even Ajmal Kasab, who was hanged for 26/11, was young, Thakre said."Recovery of RDX from the accused has been proved in this court. Evidence shows the accused collected and possessed forged documents of fake identity, fake card of being handicapped... It should be considered that the monster of terror has affected many countries. The recent terror strikes at Bangalore and Boston should be kept in mind. The accused has been held guilty of an act of terror, hence death penalty should be awarded," Thakre said.

Source: http://www.indianexpress.com/news/german-bakery-blast-convict-gets-death-for-heinous-terrorist-act/1104695/0 [accessed on 19th April 2013]

Blast killed 17 innocent people, I'm the 18th, weeping Himayat Baig tells court

Atikh Rashid , SushantKulkarni : Pune, Fri Apr 19 2013, 08:13 hrs

Himayat Baig broke down in court as he told the judge that he had nothing to do with the bombing, and that the judgment had punished an innocent man. Soon after he was given the death sentence, Baig fainted while being escorted to the custody room.

"Judge sahab, mera iss case se kucch lena dena nahi hai," Baig, who the Maharashtra ATS says is the Lashkar commander in the state, told Additional Sessions Judge N P Dhote after the judge gave him time to have his say before announcing the punishment."I come from a poor family... I wanted to do something for my community, which is backward in every way. I had come to Pune on January 31, 2010 for a rally seeking reservations for Muslims. I was not on the run (as the ATS says). We knew that a lot of innocent youths had been arrested. I was afraid that the same would happen to me, hence I stayed at home..."

At this point, the judge told him to briefly present his argument on the quantum of punishment. Baig then started to read from a four-page handwritten note in Marathi.
"I am a person who believes in Allah. He knows that I would never be part of a heinous crime like this. I have full faith in the judiciary which believes in the principle that '100 criminals may be allowed to go free but not even one innocent person should be punished..." He broke down, and his speech then became incomprehensible.

On recovering somewhat, Baig continued, "In the German Bakery blast 17 innocent people were killed. Now one more innocent person is being victimised. I am the 18th victim of the blast. To render justice to the victims of the blast it would be inappropriate to punish another innocent person.
"I haven't seen explosives in my entire life. I haven't touched RDX once. This is a conspiracy against me by ATS chief Rakesh Maria, (investigating officer) Vinod Satav... On September 7, I was produced in court for the first time. After that, Vinod Satav took me into his cabin..."

At this point, the court interrupted Baig and asked him to speak only on the sentence.
Baig continued: "I am a simple teacher... I can cite several things which have gone unexplained. Shall I put them in front of you?"

Dhote then told Baig that he would have the chance to appeal against the conviction.

Source: http://www.indianexpress.com/news/sc-stays-execution-of-8-death-row-convicts/1099134/ [accessed on 19th April 2013]

The Death Penalty Scenario in India

India is one of 193 countries that retains the death penalty. Some judges have delivered landmark verdicts upholding the rights of death row prisoners, while debates continue advocating abolition or reform of sentencing policies. The Indian government remains committed to retention, asserting executions occur only in “rarest of rare” cases. The death penalty applies to crimes including murder, kidnapping, terrorism, desertion, inducement to suicide of a minor or mentally-retarded person, and in certain cases of rape. Outrage over child rape and murder has intensified these discussions. After an unofficial eight-year moratorium, the government executed Ajmal Kasab (Mumbai attacks) in 2012 and Afzal Guru (Parliament attack) in 2013, both covertly and immediately after mercy petitions were rejected. Prior to this, Dhananjoy Chatterjee was executed in 2004 after 13 years on death row. Following these, many mercy petitions have been rejected, creating fear among death row convicts. Courts continue to hand down death sentences at an increasing rate. Empirical studies highlight the plight of death row prisoners. The India Exclusion Report 2017-18 found fair trial rights largely denied, with convicts often marginalized by caste, religion, poverty, and education. The Death Penalty Research Project (2015) documented socio-economic profiles and experiences of death row prisoners. Dr. Reena Mary George’s studies (2014, 2009) emphasized poverty, social exclusion, and dignity as central to death row experiences, and examined the human rights impact of the penalty. According to the National Crime Records Bureau 2015, 101 prisoners were on death row, with many sentences commuted to life. The “rarest of rare” doctrine introduced by the Supreme Court in the 1980s has not substantially limited death sentences, which have increased over the decades. Justice Joseph (2018) reaffirmed the Bachan Singh judgment but urged restriction of the death penalty to only those cases meeting its criteria. While updating the blog and conducting my own empirical studies, I observed the heinous nature of the crimes that were committed and thought about the families, about their loss, about the victims who for no fault of their own died. If I lost my relative or a dear friend, would I still oppose death penalty and would I still advocate to abolish the death sentence? Having worked in the criminal justice system and also having the seen the other side, where often it is the marginalized, vulnerable and oppressed who are on death row makes me want to advocate for abolition of this punishment. Victims should definitely get justice for their loss, for their pain. No one should escape the rule of law. As long as humanity exists; crime will exist. Should we not re-consider our sentencing policies? Reena Mary George