SC orders release of alleged Lashkar member after 15 years in jail

The Supreme Court has directed to release alleged Lashkar-e-Taiba member from Mumbai, who is incarcerated since 2006 in Karnataka's Kalaburgi jail. The order was passed in an appeal filed by one Abdul Raheman, who had undergone a sentence of more than 15 years in a case related to recovery of a pistol and two hand grenades.

The trial court had acquitted him of charges under the Unlawful Activities Prevention Act (UAPA). However, it convicted him for the offences of waging war against the country and others and sentenced him to life term. On his appeal, the Karnataka High Court confirmed his conviction only for the offences under the Explosive Substances Act and the Arms Act and upheld his sentence to life imprisonment.

On Tuesday, acting on his appeal, a bench of Justices L. Nageswara Rao, B.R. Gavai and B.V. Nagarathna while reducing his sentence to the period already undergone by him, noted that the appellant had already been imprisoned for a considerable amount of time. The Bench was of the considered view that the sentence should be converted to the period already spent in jail.

"The appellant is, accordingly, directed to be released forthwith", the bench directed.

The bench also noted that while the High Court had partly allowed the appeal filed by the instant appellant and acquitted him under Sections 121, 122 and 124-A IPC, it had upheld the conviction and sentence under the other provisions.

The appellant, Abdul Raheman was convicted by the Trial Court for offences punishable under Sections 121,122, 124-A of IPC and sentenced to undergo life imprisonment with fine of Rs. 25,000/-.

He was further convicted under Section 25 of the Arms Act, 1959 and sentenced to five years with fine of Rs.25,000/-, under Section 4 of the Explosives Act and sentenced to life imprisonment with fine of Rs.25,000/- and under Section 5 of the Explosive Substances Act and sentenced to life imprisonment with fine of Rs.25,000/-.

Senior Advocate Sidharth Dave appeared for the appellant and Counsel Shubhranshu Padhi, appeared for the State of Karnataka.

Raheman was arrested on March 30, 2006, after he alighted from Chennai-Mumbai train at Gulbarga Railway station. He was found in possession of one pistol, two hand grenades, and books in Urdu and audio and video cassettes.

Subsequently, he was made to undergo brain mapping and narco-analysis tests but the court found that there was no evidence produced to suggest that he was a member of a terrorist organisation.