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.