The Karnataka High Court on Tuesday upheld the conviction of five LeT operatives in the 2005 attack on the IISc here
A Division Bench comprising Justice Mohan M. Shantanagoudar and Justice K.N. Phaneendra delivered the verdict while modifying certain findings of the trial court on the provisions under which they were sentenced to undergo life imprisonment. “Their [convicts] intention and mindset are sufficient to attract the provision under Section 121A [conspiring to wage war against Government of India] of the India Penal Code,” the Bench said, while holding that the convicts deserve life imprisonment. The Bench said the trial court had inadvertently invoked Section 120B (criminal conspiracy) along with Section 121 (waging war against India) of the IPC, while imposing life imprisonment. The court said 121A was the proper section for conspiring to wage war against the State.
‘Conspiracy’The court observed: “The mere conduct of the accused persons and circumstances in taking such decision, irrespective of any further activity to cause damage to the government, even without any benefit, would amount to conspiracy to wage war against the Government of India. Ultimately, target of accused is Government of India.
The convicts are Mohammed Razhur Rehman alias Umesh, a native of Nalgonda in Andhra Pradesh; Afsar Pasha alias Basheeruddin, a resident of Lakkasandra in Bengaluru; Mohammed Irfan of Mulbagal in Kolar district; and Noorulla Khan and Nazmuddin alias Munna, both from Chintamani in Chickballapur district.
The Bench acquitted Mehboob Ibrahim Sab Chopdar from the charges under Section 121A of the IPC but upheld his conviction under other charges.
