The special public prosecutor in the 1993 Mumbai serial blasts case today sought conviction of seven accused for ‘waging war against the Government of India’ under section 121 of Indian Penal Code.
Prosecutor Deepak Salvi said that in the trial under the Terrorist and Disruptive Activities (Prevention) Act (TADA), the judge can convict a person for a charge which is originally not invoked. Section 121 of IPC was not invoked against these seven accused.
Arguing before the special judge G A Sanap, Salvi said that in the case of Ajmal Kasab, who was hanged in the 26/11 terror attack case, the Supreme Court had enlisted the circumstances for which the charge of waging a war can be pressed.
“The charge can be applied also when the common people are attacked and not only the institution or installation of the government,” Salvi submitted.
Several accused in their confessions had said that since the government “did not act” after the demolition of Babri Masjid they wanted to teach a lesson to the government, he said.
Pointing out the involvement of Pakistan and its intelligence agency ISI, Salvi said that some accused had confessed that absconding accused were still in Pakistan and there was still a threat of a terror attack in future.
The prosecution concluded its arguments. Defence lawyers are likely to start submissions from Monday.
Seven accused — extradited gangsters Abu Salem, Mustafa Dosa, Karimullah Khan, Firoz Abdul Rashid Khan, Riyaz Siddiqui, Tahir Merchant and Abdul Quayyum — are facing trial in the case in which the court had earlier convicted 100 men, including the Bollywood actor Sanjay Dutt.