NAZIR KHAN Vs. STATE OF DELHI

JUDGEMENT

(1.) Terrorists have no religion, no concept of communal or social harmony and value for human life. Secularism, which is one of the great attributes of the Indian Constitution, is viewed differently by some people. Communal harmony is not what they want. No religion propagates terrorism or hatred. Love for all is the basic foundation on which almost all religions are founded. Unfortunately, some fanatics who have distorted views of religion spread messages of terror and hatred. They do not understand or realise the amount of damage they do to the society and as a result of these fanatic acts of misguided people innocent lives are lost, distrust in the minds of communities replaces love and affection for others. Neighbours belonging to different communities who have lived like brothers for ages start viewing each other with suspicion and hatred. Their compassion is first replaced by a sense of diabolic designs. The object of these misguided people - the terrorists - seems to be to spread a message of terror and strike fear in the hearts of the citizens. The present case amply reflects the designs of some people to perpetrate such acts. The temple of democracy in the country - 'the Parliament' - did not also escape the wrath of such people. Whoever did it, wanted to disturb the equilibrium in the minds of the citizens. The millions of peace loving citizens in the country are threatened to be put on a ransom by a group of people.

(2.) The background scenario with which the case at hand is concerned reveals the macabre designs of a group of such people. The Kingpin of the whole case is a person called Ahmed Umar Sayeed Sheikh (described shortly as 'Umar Sheikh') a British national and trained militant who allegedly received training in Afghanistan and other places.

(3.) There were originally 9 accused persons who were tried in the Sessions Case No. 43/2001 by the learned Designated Court, TADA, New Delhi. Along with the accused-appellants three other persons faced trial. Two of them namely, Haji Shamin and Mohd. Yamin have been acquitted. Interestingly, before completion of trial, Umar Sheikh was allowed to leave the country along with other militants in exchange of passengers who had been made hostages in Indian Air Lines hijacked flight AI-814. In other words, the mastermind of the whole conspiracy with which the present case is involved escaped nets of law. The legitimacy of such action is not the subject-matter of consideration in these cases, though it has raised many eyebrows. Interestingly this plea was raised by the appellants who submitted that they have become victims of unintended circumstance, while the mastermind and kingpin has gone out mocking of the security network in the country, and they are facing the blunt. This case does not seek to find out an answer to such questions and, therefore, we are not dealing with them.