Describing a terrorist act as nothing but waging war against the nation through sheer cowardice, the special TADA court here on Tuesday imposed death penalties on three bombers and life sentence on the fourth for lobbing grenades at a fishermen’s colony during the 1993 Mumbai serial bombings.

Those who were handed down capital punishment were Zakir Hussain Shaikh, Feroz Mallik and Abdul Akhtar Khan, who were actively involved in the terror conspiracy for a long time and had attended weapons training in Pakistan organised by absconding chief plotter Tiger Memon.

The fourth convict Moin Qureshi was given life imprisonment as he was just 17 at the time of attack. The four convicts had gone to a predominantly Hindu fishermen’s colony at Mahim, a short distance from Memon’s residence in Al Hussaini building, and threw hand grenades to kill innocent people and ignite communal violence. Three fishermen were killed and six injured in the explosions which triggered a minor rioting in the area in which a violent mob burned a few vehicles.

Tension in court
After the designated judge Pramod Kode pronounced the verdict, there was tension in the court room at the Arthur Road central prison as the convicts started raising Islamic slogans. They were immediately taken out of the courtroom by the police.

The judge noted in his verdict that the act of lobbing grenades was “a terrorist act which is synonymous with waging a war” against the nation as the convicts had “intentionally gone to the colony in Mahim with the heinous objective of killing innocent people.”

“In violence, the accused have the victim in mind but in case of terrorism, which is nothing but an act of cowardice, it is not against a particular victim but against societies, communities at large,” the judge said.

Moin Qureshi, who was sentenced to life imprisonment, was a minor at the time of terror attack and the court observed that he got involved in the conspiracy at the final stage, which saved him from the gallows.

So far, 10 terrorists involved in the serial bombings have got the death rap, while 17 have got life imprisonment. The court had convicted 100 out of 123 accused. Among those who were convicted, 91 have received sentences, while nine, including the brothers of Tiger Memon, a bomber and Bollywood actor Sanjay Dutt and his three friends are awaiting their sentences.

The dozen bombings carried out by terrorists, which were masterminded by fugitive underworld don Dawood Ibrahim, and executed by Tiger Memon with the active cooperation of Pakistan’s ISI, had killed 257 innocent citizens and injured over 700 persons on March 12, 1993. Dawood, his brother Anees, Tiger and his two brothers, and other conspirators like Javed Chikna, are sheltered in Pakistan even today.

The four attackers had travelled with two more companions in a Maruti Van from Al Hussaini to Mahim and threw grenades. All of them were soon arrested and had been behind bars for past 14 years. Their fifth companion Bashir Khairulla was given life imprisonment on Friday last.

‘Scant regard for law’
The judge held that the group of six convicts with “scant regard for law” got into a van and went to Mahim “with the common intention of killing innocent people.” Initially, the accused were booked for waging war on the nation, but the charge was dropped by the prosecution during the course of the trial. The judge said the “Constitution provides the right to life for every citizen as a fundamental right.”

“It is not important who has lobbed the grenade and all the people involved could be held accountable for the act as their intentions were common. They are all guilty. Evidence shows each threw grenades, each of them knew they were committing a terrorist act,” he observed.

Worst case
The judge said the Mahim attack “was the worst case” as each of the convicts had gone there with the intention of committing a terrorist act. The lawyers defending the four convicts had strenuously argued that their act was in response to the disputed Babri mosque demolition and the 1992-93 communal riots in Mumbai. The judge, however, did not give any credence to their arguments.

“The recent history shows that terrorist acts have caused extensive damage without rhyme or reason,” the judge said emphatically, adding that “terrorism is nothing but cowardice, it is directed against societies and communities at large ... and deserves to be condemned.”

With the longest running trial nearing its close, only four members of the Memon family, a bomber who planted RDX-laden car at Air India building, Bollywood actor Sanjay Dutt and his three friends are awaiting the turn of their fate.

Sanjay was acquitted of TADA-related charges, but he was convicted under two sections of the Arms Act for illegally possessing a prohibited terror weapon like AK-56 assault rifle and a pistol, which was given to him by Dawood Ibrahim’s brother Anees Ibrahim prior to the serial bombings.

Sanjay faces maximum 10 years of jail term, but has applied for waiver of the sentence and his release on probation under the Probation of Offenders Act. His friends are charged with trying to destroy the evidence after the serial blasts.