Jamnagar special TADA court sentences 12 convicts of the the 1993 Gosabara arms smuggling case

A Special TADA court in Jamnagar on Monday (4th May) convicted 12 persons in connection with the 1993 Gosabara cross-border arms smuggling case. The decision comes three decades after Pakistan-backed smuggling of arms into India via the Gujarat coast led to the 1993 Mumbai serial blasts and other communal discord across the country.

A Special Terrorist and Disruptive Activities (Prevention) Act Judge Robin P Mogera convicted Osman alias Usman Umar Koreja, Mamad Alimamad alias Mamdu, Harun Adam Sanghar Vagher, Ahmed Ismail Oliya, Aarif Abdul Rehman alias Aarif Lambu Memon, Iftekhar Mohmmad Yunus Ansari, Mohammad Ayub Abdul Kayum Sati alias Ayub Taklo, Ahir Lakhman Hardas, Mohammad Salim alis Salim Kutta, Umarmiya alias Mamumiya Ismilemiya alias Panjumiya Saiyad Bukhari, Istiyaq Ahmad Mohammad Yunus Ansari, and Kadir Ahmad Amim Ahmed Shaikh. The court acquitted 17 accused, and declared 15 other accused, including Dawood Ibrahim, Tiger Memon (Ibrahim Abdul Razak), Anees Ibrahim Kaskar, Chota Shakeel, Anwar Samba, whose last known location was Karachi (Pakistan), as proclaimed fugitives under Section 8(3)(A) of TADA.

Terror plot to avenge Babri Masjid demolition hatched at Dawood Ibrahim’s Dubai residence

The case relates to a terror conspiracy hatched by fugitive terrorist Dawood Ibrahim and his associates at his Dubai residence to avenge the demolition of the Babri Masjid on December 6, 1992. A large cache of weapons and explosives, including RDX, was smuggled into India via the Gosabara coast in Porbandar, Gujarat, using boats like Sada Al Bahar and Bismillah. The decision in the case comes nearly 33 years after an FIR was registered at the Jamnagar B-division police station in July 1993. The investigation in the case, which lasted several decades, was carried out by now-retired IPS officers P K Jha and Satish Verma, and current CBI Special Director Manoj Shashidha.

In its verdict, the special TADA judge held that a conspiracy was hatched by the conspirators against the Hindu community to avenge the demolition of the Babri Masjid. “…it clearly appears that the conspiracy was hatched to do away with the Hindu community for taking revenge for the Babri Mosque demolition, and as a part of it, launches of Mustafa Majnu were sent to Pakistan and prohibited arms and ammunition were obtained,” the special TADA judge noted.

“Thus, based on the above discussion, it clearly appears that the prosecution has successfully proved that a criminal conspiracy was hatched by the absconding accused Daud Ibrahim in connivance with deceased accused Mustafa Majnu and Osman @ Usman (A1), Mamad (A2) and Harun (A3), who went in Sada-Al-Bharar launch of Mustafa Majnu and procured arms and ammunition from Pakistan and were then landed at Gosabara in Sada-Bahar launch and thus, the prosecution successfully proved the charge of conspiracy against the above referred accused persons and hence,” the judge added.

Convictions and sentences of the accused

While sentencing the accused, the special TADA court considered the mitigating factors like the long period of trial, lack of subsequent criminal acts by the accused, their ages and health conditions. The court convicted – Osman @ Usman Umar Koreja (A1), Mamad Alimamad @ Mamdu Sap (A2), Harun Adam Sanghar Vagher (A3), Ahir Lakhman Hardas (A28) and Umarmiya @ Panjumiya Saiyad Bukhari (A34) under Section 3(3) TADA read with Section 120B IPC.

The court convicted Ahemad Ismail Oliya (A12) under Section 3(3) of the TADA Act, read with Section 120B of the Indian Penal Code, together with Section 25(1A), 25(1B)(b) of the Arms Act. Accused Aarif Abdul Rehman @ Aarif Lambu Memon (A21) was convicted under Section 25(1A) of the Arms Act, while Iftekhar Mohammad Yunus Ansari (A23) was convicted under Section 25(1A), 25(1B)(b) of the Arms Act.

Accused Mohammad Ayub @ Ayub Taklo (A24) was found guilty of offences punishable under Section 25(1A) of the Arms Act. Accused Mohammad Salim @ Salim Kutta (A30) was convicted for the commission of an offence under Section 25(1B)(a)(c)(f) of the Arms Act. Section 3(3) of TADA Act r/w Section 120B of Indian Penal Code together with Section 25(1A), 25(1AA), 25(1B)(b) of the Arms Act. Istiyak Ahmed Mohammad Yunus Ansari (A35) was convicted under Section 25(1A), 25(1B)(b) of the Arms Act. Accused Kadir Ahmad @ Kadir Haji Shekh (A37) was convicted by the court under Section 25(1A) of the Arms Act.

The court directed that the time already spent by the accused in jail will be set off against the period of sentences given to them. Here are the details of the sentences granted to the accused by the court:

Osman @ Usman Umar Koreja (A1), Mamad Alimamad @ Mamdu Sap (A2), Harun Adam Sanghar Vagher (A3), Aarif Abdul Rehman @ Aarif Lambu Memon (A21), Mohammad Ayub @ Ayub Taklo (A24), Ahir Lakhman Hardas (A28), and Kadir Ahmad @ Kadir Haji Shekh (A37) were granted rigorous imprisonment for 5 years and a fine of ₹5000 each by the court for offences committed by them under the TADA Act and the Arms Act. In default of payment, they will have to undergo simple imprisonment for 2 months.

The court granted Ahemad Ismail Oliya (A12) rigorous imprisonment for 5 years and a fine of ₹5000 for his conviction under Section 3(3) of the TADA Act, read with Section 120B of the IPC, rigorous imprisonment for 5 years and a fine of ₹5000 for the offence punishable under Section 25(1A) of the Arms Act and rigorous imprisonment for one year and a fine of ₹1,000 for the offence punishable under Section 25(1B)(b) of the Arms Act. All his sentences are to run concurrently, and in default of payment of fine, he will have to undergo simple imprisonment of one or two months as directed in the order.

Iftekhar Mohammad Yunus Ansari (A23) was granted 5 years rigorous imprisonment and a fine of ₹5,000 for the offence punishable under Section 25(1A) of the Arms Act, 1 year rigorous imprisonment and a fine of ₹1,000 for the offence punishable under Section 25(1B)(b) of the Arms Act and 1 year rigorous imprisonment and a fine of ₹1,000 for the offence Section 25(1B)(b) of the Arms Act. In default of the payment of a fine of ₹5,000, he is directed to undergo two months’ simple imprisonment, and on failing to pay the ₹1,000 fine, he will undergo one month’s simple imprisonment. His sentences are also directed to run concurrently by the court.

Mohammad Salim @ Salim Kutta (A30) was sentenced to undergo 5 years of rigorous imprisonment for five years and a fine of ₹5,000 for the offence punishable under Section 25(1A) of the Arms Act, 7 years of rigorous imprisonment and a fine of ₹3,000 (Rupees Three Thousand Only) for the offence punishable under Section 25(1AA) of the Arms Act, and 1 year of rigorous imprisonment and fine of ₹1,000 for the offence punishable under Section 25(1B)(b) of the Arms Act. His sentence was also ordered to run concurrently, and in default of the payment of the fine, he will have to undergo simple imprisonment of one or two months, depending on the fine amount.

Umarmiya @ Panjumiya Saiyad Bukhari (A34) was given 5 years rigorous imprisonment for 5 years, and a fine of ₹5000 for the offence punishable under Section 3(3) of TADA Act read with Section 120B of the Indian Penal Code, 5 years rigorous imprisonment for five years and fine of ₹5,000 for the offence punishable under Section 25(1A) of the Arms Act, 7 years of rigorous imprisonment and fine of ₹3,000 for the offence punishable under Section 25(1AA) of the Arms Act, and 1 year rigorous imprisonment and fine of ₹1,000 for the offence punishable under Section 25(1B)(b) of the Arms Act. His imprisonment is to run concurrently. In default of payment, he will have to undergo imprisonment of one or two months for the fine amount.

Istiyak Ahmed Mohammad Yunus Ansari (A35) was granted 5 years’ rigorous imprisonment and a fine of ₹5,000 for the offence punishable under Section 25(1A) of the Arms Act, and 1 year rigorous imprisonment and a fine of ₹1,000 for the offence punishable under Section 25(1B)(b) of the Arms Act. The court directed his sentences to run concurrently. If he fails to pay the fine amount, he will have to undergo imprisonment of one or two months as directed in the court order.