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Prosecution witness 1, 2 pardoned

Prosecution witness 1, 2 pardoned

Author: Menaka Rao
Publication: The Indian Express
Date: August 3, 2007
URL: http://cities.expressindia.com/fullstory.php?newsid=249001

Introduction: Known as Badshah Khan, his testimony led to conviction of 34, 11 of whom got death sentence

Then DCP Rakesh Maria and his men managed to crack the broad contours of the March 12, 1993 Mumbai blast case in about two months. And someone who had helped investigators ultimately nail many of the prime conspirators, was prosecution witness (PW) 2. Now, that witness has been formally pardoned by the Special TADA Court set up to try the case.

Thursday's TADA court session was centred around him, PW 2 -in the last 14 years, he has come to be known by the alias Badshah Khan-whose testimony led to the unraveling of the entire plot and the conviction of 34 accused, including 11 planters and key conspirators.

Also, formally pardoned along with him was PW 1, a scrap dealer and minor player in the blasts conspiracy. And while discharging them both from the case, the court said that they should not "indulge in any criminal activities".

The pardon was administered under Section 306 of CrPC, according to which the court may tender a pardon to an approver who makes "full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned."

During the hearing, Special Public Prosecutor Ujwal Nikam told the court, "As per section 306 of CrPC, while tendering pardon, the court imposes certain conditions on the accused. …as far as these approvers are concerned, I'm satisfied. They have complied with the terms and conditions of the court."

In June 1995, PW1 and Khan decided to turn approvers. Both deposed extensively, especially Khan whose statements helped the police nail 34 accused, all of whom have now been convicted for conspiracy. Of them, 11 have got the death sentence.

The court held that an approver is like a witness in the case. "The accused persons have substantially complied with the conditions laid down by the court," said Judge P D Kode. "Bail bonds cancelled. Accused persons are discharged from the case."

Khan, who now lives with his wife and three children in a sea-facing apartment in Versova, now runs a restaurant.

Khan was a part of the blast conspiracy from February 1993, when a friend (now absconding accused), Javed Chikna, recruited him into Tiger Memon's gang. Khan first helped in the landing of arms and ammunition in Shekhadi, Raigad and was sent to Pakistan for arms training. He also parked an RDX-laden car near Sena Bhavan with Farooq Pawale (sentenced to death). That car bomb killed four persons.

PWI is a scrap dealer based in Reay Road. In his court statement, he had said that he was recruited by Farooq Motorwala (sentenced to 13 years' RI) to go to Pakistan and acquire arms training. In Pakistan, he got cold feet during training when he witnessed a bomb explosion from a distance. He returned home faking illness.


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