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German bakery blast: SC issues notice to Himayat Baig after state govt’s appeal
The Supreme Court issued notice on Friday to lone convict in the Pune German bakery blast case, Mirza Himayat Baig, on Maharashtra government’s appeal for death sentence.
The Supreme Court issued notice on Friday to lone convict in the Pune German bakery blast case, Mirza Himayat Baig, on Maharashtra government’s appeal for death sentence.
A bench of Justice PC Ghose and Justice AK Roy sought Baig’s response after state counsel Nishant R Katneshwarkar contended the Bombay high court judgement acquitting him of all terror charges as illegally unsustainable. He said there was enough circumstanstial evidence to show that he participated in the conspiracy to carry out the blast that claimed 17 lives in 2010.
On March 17, 2016 the HC acquitted Baig from serious charges under various sections of the Unlawful Prevention (Activities) Act and the IPC, including sections 302 (murder) read with 120-B (criminal conspiracy).
It convicted the 32-year-old for possessing a document knowing it to be forged with intent to use it as genuine and under the Explosive Substances Act because it was proved that he was in custody of explosives. Baig is serving life imprisonment.
Baig, who was alleged to be a member of banned terror outfit Indian Mujahideen, was arrested in September 2010 from Latur in Maharashtra for involvement in the blast case.
In 2013, the trial court had convicted him to death.
Maharashtra government’s appeal raises 20 grounds while assailing the high court order. It said the HC ignored last seen evidence against Baig in which an auto rickshaw driver confirmed the convict was in possession of the planter of the bomb.
“In the test identification parade the autorickshaw driver identified the respondent (Baig). In spite of that, the high court held that the plea of the prosecution that the respondent was last seen with planter of the bomb does not gets credence,” read the appeal.
The plea asserted there was a definite connection between the explosive recovered from Baig’s possession and the explosive used in the bomb.
Besides Baig, another accused Qateel Siddiqui was also arrested in the case, but he had died in Pune’s Yerawada jail following a scuffle with other inmates.
The other wanted accused are Indian Mujahideen operatives — Yasin Bhatkal, Mohsin Choudhary, Riyaz Bhatkal, Iqbal Ismail Bhatkal, Fayyaz Kagzi and Sayyad Zabiuddin Ansari.
Yasin, who had allegedly planted the bomb in the eatery, was arrested in August 2013. The case against him is pending before the trial court.
