2008 serial blasts: 30 death convicts move Gujarat high court

AHMEDABAD: Thirty out of 38 death convicts in the 2008 serial blasts case have approached the Gujarat high court challenging their conviction and awarding of maximum penalty and contended that death penalty cannot be awarded in a case of circumstantial evidence.
The bench of Justice V M Pancholi and Justice A P Thaker admitted the appeal and the case will be heard along with the state government’s application for confirmation of the death sentence. The bench admitted the appeal by pardoning the 115-day delay in filing the appeal after receipt of the trial court’s judgment. Special court awarded death penalty to 38 persons and life imprisonment to 11 others in February for carrying out the terror strike on July 26, 2008, when 56 persons were killed and more than 200 sustained injuries in the city.
The convicts filed their appeal through advocates MM Shaikh and Khalid Shaikh, who requested the high court for a stay on the order of conviction and death penalty. The HC rejected the request and asked them to file a separate application for the same.
In their appeal that runs into more than 180 pages, it was contended that the entire case of the prosecution was based on circumstantial evidence, which was not proved independently and jointly. The trial court relied on panch namas, a statement recorded under section 164 of the CrPC by an approver, confessional statements which were retracted later, and on the basis of evidence given by an accomplice, but they were not to be believed. When the case was based on circumstantial evidence, it was not proper to hand down death penalty on part of the trial court. This was also argued by the defence lawyers when the trial court was hearing on the aspect of quantum of punishment.
In February, while convicting 49 persons in the serial blasts case, the trial court had acquitted 28 accused by giving them the benefit of doubt and pardoned one person who had turned an approver. This case including bombing in Ahmedabad and plating of 29 bombs in Surat city.