The MCOCA court has trashed the defence theory that the Indian Mujahideen (IM) was responsible for the attacks that left 188 dead and 829 injured. In a 1839-page judgment, special judge Yatin Shinde also said that the police – who had bought into the theory after an alleged IM member, Sadiq Shaikh, “confessed” to his involvement — “fell prey to the tactics or strategy of terrorist organizations to confuse the investigating agency”.
In September and October 2008, the Mumbai crime branch arrested Sadiq and 20 other alleged IM members. Sadiq’s revelation had come as a shock to the ATS since it had already arrested 12 SIMI members in the 117 case. The ATS took custody of Sadiq in February 2009 and investigated his claimed involvement. He was eventually discharged from the case for lack of evidence. During the trial, he was brought as one of 51 defence witnesses.
The court has said the defence case cannot be accepted or another reason: the IM’s alleged modus operandi is sending emails before blasts and owning responsibility, which was not true of the 117 blasts “(Sadiq’s confession) was obviously a plan to disorient he investigating machinery How much the plan was sucessful is evident from the manner in which police higher-upsell prey to it and went public and made irresponsible and in consistent statements,” judge Shinde observed. Referring to the thoroughness of the ATS investigation against Sadiq, the court said it revealed that he had divulged his involvement on the instruction of Riyaz Bhatkal and one Asif with the intention of causing confusion. “During initial questioning, he stated about the use of five-litre pressure cookers (in the blasts) purchased at Rs 300 each. The statements of the shop owners and salesmen were recorded (in 2009), and they stated that no five-litre cooker, branded or local, was price at Rs 300 (in 2006),” the judge said. He observed that during investigations it was found that the store from where Sadiq had allegedly bought bags did not exist.
The judge observed that the defence argument that Sadiq was tutored by the prosecution during his deposition was an attempt to “stretch the point to unacceptable limits”.