The 1993 Mumbai blasts killed 257 people and injured 713 (File)
Observing that without the support of the “main architects” in the Mumbai 1993 blasts, Taher Merchant and Feroz Khan could not have remained absconding for 17 long years, the special court concluded that the two fell in the “rarest of rare” category. “Without assuming commanding position and/or the position of authority and the necessary support of the “main architects” of the conspiracy and resources at disposal, these two accused could not have remained absconding for such a long period,” the court said.
While Khan (49) was arrested from Mumbai in 2010 when he was living under a fake identity of Hamza Khan, Merchant (63) was extradited the same year.
Calling the Mumbai serial blasts, which killed 257 and injured 713, the “mind boggling man-made disaster of the millennium”, special Judge Govind A Sanap said that observations made by the Supreme Court while awarding death to Yakub Memon “squarely apply” to Merchant and Khan.
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On Taher Merchant
The court observed that he was in a commanding position and played a prominent role on his own and on the commands of the main accused Tiger Memon. While the defence advocates for Merchant had submitted that at the relevant time, Merchant was a member of the Relief Committee for the Mumbai communal riots of 1992-93 and was “deeply hurt” by them, the court observed that there was “no direct reason” for him to display unnecessary anguish on the situation in Mumbai during the riots.
“It is not his case that during the communal riots in Bombay, any family member of accused Taher Merchant or his close relative lost his/her life. It is also not his case that in the communal riots his property or the property of his relative was damaged or destroyed. It is therefore apparent on the face of the record that there was no direct reason for the accused to display unwarranted and unnecessary anguish, agitation and frustration due to the situation prevailing in Bombay during the period of the riots in Bombay,” the court said, observing that this reflects on the ‘radical’ mindset and approach of Merchant.
On Feroz Khan
The court observed that he was a “trusted lieutenant” of the Dossa brothers. While Khan had claimed that his role was similar to that of his associate Salim Shaikh, who was sentenced to life, the court observed that like Khan, Shaikh could not remain in the company of Dossa brothers in Dubai or in Pakistan and Dawood Ibrahim Kaskar in Dubai for ‘indefinite period’.
“The accused Mustafa Dossa was arrested on 20.03.2003. The accused Feroz Abdul Rashid Khan could manage to abscond till 2010. He assumed new identity as Hamza Abdul Rashid Khan. He started his normal life as usual after committing such heinous and diabolic crime… He got married after the bomb blasts. He has two children….If he had not been arrested by diligent Mumbai police, then all throughout his life, he would have lived with this identity as “Hamza Abdul Rashid Khan” being the step brother of the absconding accused Feroz Abdul Rashid Khan,” it said.
