AHMEDABAD: They have already spent 13 years behind bars in the 2008 Ahmedabad serial blast case. Yet, news that the special court had acquitted 28 prisoners and granted one pardon for turning approver did not cheer them.
For, only five of the prisoners are likely to get a taste of freedom as the others are either convicted or facing criminal charges in courts in Ahmedabad and outside the state.
None of the prisoners were released on Tuesday as jail authority cited the state government’s invocation of Section 268 of CrPC against these prisoners which prevents them from being moved out of prison. “The authority insisted that the prisoners can be released after revocation of this section,” said advocate Khalid Shaikh.
According to lawyers from the prosecution and defence, Naved Qadri, Ashok Kabira, Irfan Naqib, Mohammed Zaheer Patel, Habib Falahi and Shahid Nagori do not face any other case. Of these, Qadri has been out for the past few years on temporary bail after being diagnosed with schizophrenia. His temporary bail was extended for six months time and again by the court.
As the court has ordered the release of those who need not be detained further in connection with any other case, there are 22 out of 28 acquitted who are either convicted in other cases or are facing criminal charges in other courts.
Most of the acquitted are facing criminal cases which include charges under the National Investigation Agency (NIA) Act and the Maharashtra Control of Organised Crime Act (MCOCA).
Most of them have pending criminal cases in Mumbai, Delhi, Bengaluru and several other places. There are few who have already been convicted and are serving sentences including under the NIA Act.
Saqib Nisar, Nasir Ahmed and Nadeem Abdul have been acquitted but may have to remain in jail as they were members of a 24-person group that has been charged for attempted prison break after they allegedly dug a 213-foot-long tunnel inside the Sabarmati jail. They were slapped with Section 130 of IPC, for aiding escape of, rescuing or harbouring such prisoners.
This charge was struck down by the court, but the state government approached the Gujarat high court challenging the decision. The HC stayed the trial in the prison break bid.
