German bakery blast: State challenges Bombay HC verdict converting Baig’s death penalty to life (Maharashtra)

By Express News Service |Pune/new Delhi |Published: July 1, 2016 12:20:57 am

Government has also taken objection to the HC’s remarks on terror operative Yasin Bhatkal in this case. The Maharashtra government on Thursday moved the Supreme Court (SC), seeking death penalty for Mirza Himayat Inayat Baig (32), the lone convict in the German Bakery blast in Pune, which had claimed 17 lives on February 13, 2010. The appeal filed through state government’s standing counsel Nishant R Katneshwarkar challenged the Bombay High Court (HC) verdict that had commuted Baig’s capital punishment to life term.

It also challenged Baig’s acquittal under various sections of the Unlawful Prevention (Activities) Act and the IPC, including Sections 302 (murder) read with 120-B (criminal conspiracy), by the High Court. The High Court has given life term to Baig, 32, under the Explosive Substances Act. The state has also taken objection to the HC’s remarks on terror operative Yasin Bhatkal in this case. The ATS had arrested Baig, a native of Beed district of Maharashtra, on September 7, 2010, from Pulgate area of Pune for his alleged involvement in the German Bakery blast. 

German bakery blast convict Himayat Baig (Photo Deccan Chronicle)

On April 18, 2013, the sessions court in Pune awarded death sentence to Baig, holding him guilty under Sections 10 (b), 16 (1)(a) of UAPA, Sections 302, 120 (b) of IPC and Section 3 of Explosives Substances Act. Baig moved the HC against the lower court order, and on March 17, this year, the HC, while setting aside Baig’s death sentence, acquitted him from charges under Sections of UAPA, Sections 120 (b), 302 of IPC and Section 3 (b) of the Explosive Substances Act, 1908.

The court granted him life term, holding him guilty under Section 5 (b) of the Explosive Substances Act, and seven years’ imprisonment as charge under Section 474 of IPC was confirmed. Speaking to The Indian Express, special public prosecutor Raja Thakre confirmed that the state had filed an appeal in SC against the Bombay HC order. “We have challenged the acquittal orders of the HC on certain sections against Baig. We also have raised objections on the remarks of the HC on Yasin Bhatkal. We have appealed to the SC that these remarks be expunged from the records,” said Thakre.

According to ATS, the bakery blast conspiracy was hatched in Colombo in 2008 and finalised in Udgir in Maharashtra in January 2010. The chargesheet said that Baig was the alleged LeT commander for Maharashtra. ATS has alleged that Baig had gone to Colombo in March 2008 to discuss the plan with Fayyaz Kagzi and Zabiuddin Ansari and “the diabolic design to cause further terrorist activities was finalised” there. Baig was allegedly trained by the duo to build an explosive device and explode it. They are also suspected to have given him money for explosive devices and travel of Muslim youth indoctrinated for terror training.

On February 13, Baig and Yasin allegedly carried the explosive device in a private vehicle from Udgir to Latur and in a state transport bus from Latur to Pune. The duo then hailed an autorickshaw to travel from Poolgate bus stand to Pune Railway Station and from there they went to Central Mall in another autorickshaw. “Yasin planted the bomb in a haversack at the bakery around 5 pm and triggered it with the help of a mobile triggering device at 6.50 pm,” the chargesheet stated.

Meanwhile, ATS claimed that Yasin Bhatkal was seen in the CCTV footage obtained from the blast site. Later, the National Investigation Agency (NIA) took over the probe into the case. In June 2012, the accused Zabiudding Ansari alias Abu Jundal was deported from Saudi Arabia to India. In August 2013, the accused Yasin Bhatkal was held on the India-Nepal border. In March 2014, ATS formally arrested Yasin in the German Bakery blast case and filed a supplementary chargesheet against him in August.

Source: https://indianexpress.com/article/india/india-news-india/german-bakery-blast-state-challenges-bombay-hc-verdict-converting-baigs-death-penalty-to-life/ (Accessed 20 December 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) 

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 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.

German Bakery Blast
13 February 2010

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.

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 on 19 December 2018)

Pune Bakery blast main accused Himayat Baig is innocent, says Bhatkal

Krishna Kumar  New Delhi, September 5, 2013 | UPDATED 22:03 IST

Mohammed Ahmed Sidibappa, alias Yasin Bhatkal has reportedly told interrogators that Himayat Baig the man who is been accussed of being involved in Pune's German Bakery blast and who has been recently sentenced to death was innocent and that he was not involved in the conspiracy. Bhatkal has claimed that it he was him and Qateel Siddiqui who engineered the blasts and not Baig, Bhatkal's claim has not surprised those who know the reality of how the Maharashtra ATS has been conducting its investigations in sensational cases.

Since the time it was formed the Maharashtra ATS has been known for only one thing botching up its investigations and ending up with egg on its face. Take for instance the July 11, 2006 serial blasts in Mumbai's local trains. The ATS arrested a number of accussed in the case, one of them was Shabbir Ahmed Masiullah alias Batterywala. How the Anti Terrorist Squad conducts its investigations can be gauged from the fact that one month later when a series of bomb explosions rocked Malegaon on September 8, the ATS showed Batterywala to be involved in the Malegaon blast. So according to the ATS Batterywala was involved in the Mumbai serial blasts in trains for which he was arrested and then some how he was involved in executing the Malegaon 2006 blasts.

Incidentally the nine accussed alleged to be involved in the 2006 Malegaon blasts who were arrested by the ATS have been found by the National Investigation Agency (NIA) to have no links with the blasts case and the agency has hence not opposed their discharge applications.

This has not been the only blooper, there are much doubts as to whether the ATS has caught the right suspects in the Mumbai serial train blasts too. The ATS arrested 11 accussed in the July 11, train blasts however in 2008 the case took a new turn after the Mumbai Crime Branch busted a module of the Indian Mujahideen. The Crime Branch arrested one Sadiq Shaikh along with his accomplices who told the police that it was the IM that was involved in the 2006 train blasts and not those arrested. The disclosure caused much embarrassment because it was not the defence lawyer but the investigation of another law enforcement agency that expressed doubts about who actually created the 2006 blasts.

While Yasin Bhatkal has absolved Baig now after he has been sentenced, there were doubts as to his role in the blasts even prior to his trial. None other than the DIG of Police Ravindra Kadam (ATS) who was investigating the case publicly said that Baig was not in Pune on the day of the blasts. This when the ATS was all along claiming that he along with Bhatkal had planted the bomb in the German Bakery. A day later however Kadam claimed that he was not aware of Baig's exact role. Interestingly the cell phone records show that Baig was in Aurangabad when the Pune bomb went off. When Baig was sentenced to hang by the trial court, he pleaded before the judge that he was not guilty, " 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.

Source: http://indiatoday.intoday.in/story/pune-bakery-blast-main-accused-himayat-baig-is-innocent-says-yasin-bhatkal/1/305716.html [accessed on 5th September 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]