New Delhi, The Supreme Court has stayed the execution of the death sentence handed down to an Indian Mujahideen operative for his role in the 2008 Ahmedabad serial bomb blasts that left 56 people dead.
A bench of Justices Vikram Nath, Sandeep Mehta and Aparesh Kumar Singh agreed to hear a plea filed by convict Mohammad Tanvir, who has challenged the Gujarat High Court's July 7 verdict.
On July 7, the high court upheld the death sentences of 38 operatives of terror outfit Indian Mujahideen in the serial-bomb-blasts case.
The high court had cited the large number of casualties, the "humongous" nature of the conspiracy and the intention to spread widespread terror as key reasons for affirming the punishment.
On July 26, 2008, a series of 21 bomb blasts ripped through different areas of Ahmedabad in a span of 70 minutes, killing 56 people and leaving more than 200 injured.
"There shall be stay of execution of the death sentence awarded to the appellant ," the top court said in its October 9 order.
It said the original records of the case be summoned from the trial court and the high court.
The apex court asked the Gujarat government to place the reports of all probation officers relating to the appellant before it within eight weeks.
It directed the superintendent of the jail concerned to submit a report with regard to the nature of work that has been performed by the appellant while in prison and also regarding his conduct and behaviour within eight weeks.
"The superintendent of prison of the concerned prison shall also get done the psychological evaluation of the appellant from the government medical hospital," the bench said, adding that a report of the evaluation be submitted to the court within eight weeks.
It posted the matter for hearing after 12 weeks.
On October 1, the apex court stayed the execution of the death penalty of Ahmed Bawa alias Abbu Abubakar Barelvi, one of the convicts in the case.
The high court had rejected all the appeals filed by the convicts and confirmed the February 2022 judgment of a special court, which had sentenced 38 convicts to death and 11 to life imprisonment.
The high court had said the criminal antecedents and roles of the 38 convicts had established that they had carried out a terrorist act warranting the death penalty.
It had noted that the special court had considered both mitigating and aggravating circumstances before imposing the sentence.
The high court had said the number of deaths, the "humongous nature of the conspiracy", the intention "to create an atmosphere of widespread terror in the society", the conduct of the convicts during the trial, the scale of the conspiracy and the loss of innocent lives in the "inhuman and dastardly act" justified the capital punishment.
Upholding the life sentences of the remaining 11 convicts, the high court had said the prosecution had established their participation in terror-training camps and involvement in procuring scooters, plastic containers and clocks used in the conspiracy, besides arranging shelter for the other accused.
Seventy-eight people were put on trial after 35 police cases 20 relating to the Ahmedabad blasts and 15 linked to unexploded bombs recovered in Surat were merged. Forty-nine people were convicted by the special court.
The special court's February 2022 order marked the first such instance when 38 convicts were sentenced to death in a single case by a court.
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