Terrorism has always been a serious issue for India. We have got to see in the last several decades that India has suffered a lot of loss of life and property due to terrorism. After all, 2008 has been a terrible year for India. This year Because this year not only in Mumbai we got to see terrorist attacks (Bomb Blast) but in many places of India we got to see terrorist attacks and bomb blasts happening in many places of the country.
One of these Bomb blasts is the Ahmedabad Bomb blast case. There are 21 serial bomb blasts in Ahmedabad in 2008 and 50 people lost their lives in these bomb blasts. So Special court in Gujarat sentenced 38 accused from all accused of the Ahmedabad Bomb blast case. Let us see what the whole matter is. And let us see the Ahmedabad Bomb blast in detail.
Ahmadabad Bomb Blast case Background 26 July 2008:
Over 20 bombs exploded in a span of 70 minutes in Ahmedabad, claiming the lives of 56 people, injuring 240. 29 Bombs were planted at various locations in Surat
• Total of 35 FIRs were registered – 20 In Ahmedabad city including at the Gujarat government-run Ahmedabad Civil Hospital, the Ahmedabad Municipal Corporation-run LG Hospital, in buses, on parked bicycles, and in cars, and 15 in Surat.
Eventually, a special court in Gujarat on 18th Feb 2022, handed the death penalty to 38 of the 49 convicts of Bomb Blast, the Rest of them were sentenced to life in prison.
• The court also imposed a fine of Rs 2.85 lakh each on the 48 convicts.
• terror group- Indian Mujahideen (IM) took responsibility for the attacks.
The accused were charged under the following Acts
• Unlawful Activities ( Prevention ) Act ( UAPA ),
• the Indian Penal Code ( IPC ).
• Arms Act,
• Explosive Substances Act and
• Information Technology Act .2008 Ahmedabad Bomb Blast case 138 sentenced to death,
Most Important Legal Provision They were convicted under
• sections 302 IPC- ( murder ),
• Section 307 IPC ( attempt to murder ) ),
• 121 ( a ) ( conspiracy to wage war or attempt to wage war against the nation ) and 124 ( a ) ( sedition ) among others of the IPC, and
• 16 ( 1 ) ( a ) ( b ) of the UAPA related to punishment for a terrorist act.
Section 121.
Waging, or attempting to wage war, or abetting waging of war, against the Government of India.—Whoever, wages war against the [Government of India], or attempts to wage such war, or abets the waging of such war, shall be punished with death, or [imprisonment for life] [and shall also be liable to fine].
Section 121A.
Conspiracy to commit offences punishable by section 121.—Whoever within or without [India] conspires to commit any of the offences punishable by section 121, [***]or conspires to overawe, by means of criminal force or the show of criminal force, [the Central Government or any 86 [State] Government [***], shall be punished with [imprisonment for life], or with imprisonment of either description which may extend to ten years, [and shall also be liable to fine]
Section124A.
Sedition.—Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, 102 [***] the Government established by law in 103 [India], [***] shall be punished with 104 [imprisonment for life], to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.
Murder Section 300
Culpable Homicide is murder if, the act in which the death is caused is done with the intention of causing death. It has many conditions to decide whether it is culpable homicide or not? an act done by these conditions is considered murder. For our topic its 4th condition i.e.,
4thly- “
If the person committing the act knows that it is so imminently dangerous that it must, in all probability, cause death or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid.”
Section 302 Punishment for Murder-
Whoever commits murder shall be punished with death, or 1[imprisonment for life], and shall also be liable to fine.
Section 307. Attempt to murder-
Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life.
Section 15 of UAPA – Terrorist Act (like Bomb Blast)
[(1)] Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security 4[, economic security,] or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country,–
(a) by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances (whether biological radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause–
(i) death of, or injuries to, any person or persons; or
(ii) loss of, or damage to, or destruction of, property; or
(iii) disruption of any supplies or services essential to the life of the community in India or in any foreign country; or
[(iii) damage to, the monetary stability of India by way of production or smuggling or circulation of high-quality counterfeit Indian paper currency, coin or of any other material; or]
(iv) damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies;
(1) Whoever commits a terrorist act shall,-
(a) if such act has resulted in the death of any person, be punishable with death or imprisonment for life, and shall also be liable to fine;
(b) in any other case, be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.]
