Govt’s challenge to Ghulam Yahya acquittal rejected

Mumbai: The Bombay high court on Tuesday dismissed an appeal filed by the state government against the acquittal of Maulana Ghulam Yahya, former imam of Haj House in south Mumbai. The court has also dismissed the appeal-seeking enhancement of punishment for the three Lashkar-e-Taiyabba militants from Jammu and Kashmir who were convicted by the trial court. Meanwhile the appeals filed by these three convicts against their conviction is still pending before the HC.

On January 6, 2006 The ATS had arrested Mohammed Ramzan Haji (now deceased), Khurshid Ahmed Lone and Arshad Hussain Badru on a tip-off. All these three persons were picked up from Nagpada junction near Cafe Sagar. Police claimed to have recovered explosive substances from these accused. During interrogation the name of Maulana Yahya cropped up following which the police had arrested him too on January 13 on charges of harbouring the terrorists in the Haj House by renting them a room. The prosecution had also charged Maulana for facilitating the exchange of money for co-accused.

In January 2010 the Sewri fast track court had acquitted Maulana Yahya for want of evidence and had convicted and sentenced the three to seven years of imprisonment for planning to carry out unlawful activities in Mumbai. All the three persons have been released after serving their sentences.

“The division bench of Justices B.R. Gavai and S.V. Kotwal upheld the judgement of the trial court. The HC held that Maulana Yahya was rightly acquitted and the sentence awarded to the three convicts was also adequate,” said advocate Abdul Mateen Shaikh who represented all the four persons before the HC on behalf of Jamiat-e-Ulema Maharashtra.

Advocate Shaikh also said that the HC held that there was no substance in the appeal filed by the state government and there is no need to interfere with the trial court order.