STATE OF MAHARASHTRA Vs. SOM NATH THAPA

JUDGEMENT

(1.) Bombay of yesterday, Mumbai of today:financial capital of the nation. It woke as usual on 12th March 1993. People started for their places of work not knowing what was in their store. The terrorists and/or disruptionists, bent on breaking the backbone of the nation (for reasons which need not be gone into) had, however, hatched a well laid-out conspiracy to cripple the country by striking at its financial nerve. As Bombay set down to work, blasting of bombs, almost simultaneously, took place at important centres of commercial activities like Stock Exchange, Air India, Zaveri Bazar, Katha Bazar and many luxurious hotels. A shocked Bombay and a stunned nation first tried to provide succour to the victims as much as possible and then wanted to know the magnitude of the loss of life and property. It surpassed all imagination, as it was ultimately found that the blasts left more than 250 persons dead, 730 injured and property worth about Rs. 27 crores destroyed. By all counts, it was thus a great tragedy; and revolting also, as it was men-made.

(2.) All right thinking persons and well whishers of the nation started asking; Why it happened How could it happen We are not concerned in these cases with why, but with how. The gigantic task led Bombay police, despite its capability, to seek assistance of the CBI. An arduous and painstaking investigation by a team of dedicated officials showed that the aforesaid bomb blasts were a result of deep rooted conspiracy - concerted action of many, guided either by greed or vengeance. The finale of investigation consisted in charge-sheeting 145 persons (of whom 38 were shown as absconders) under various sections of the Penal Code and the Terrorists And Disruptive Activities (Prevention) Act, 1987 (TADA), hereinafter the Act also. The Designated Court constituted under S. 9 of the Act came to be seized of the matter and by its impugned order of 10-9-1995 it has framed charges against 127 persons, discharging at the same time 26. One died and two became approvers. (The total thus comes to 146).

(3.) Of the charged accused, four:(1) Abu Asim Azmi; (2) Amjed Aziz Meharbaksh; (3) Raju alias Raju Code Jain:and (4) Somnath Thapa have approached this Court having felt aggrieved at their having not been discharged. The State of Maharashtra has approached the Court seeking cancellation of bail granted to appellant Thapa.