Mumbai, Dec 02: Admitting an appeal filed by the Maharashtra government, the Mumbai High Court has ordered arrest of seven alleged Dawood Ibrahim gangsters who were acquitted by a sessions court on the charge of plotting to kill Deputy Prime Minister L K Advani. The appeal against the lower court order was admitted yesterday by Justice J N Patel and Justice Vijaya Tahilramani.
On a plea by public prosecutor Usha Kejriwal, the court ordered police to immediately arrest the seven persons who had been acquitted by the sessions court. The appeal urged that the trial court had erred in acquitting the accused.
Rejecting the prosecution evidence, sessions judge D V Marathe had on August 04, acquitted the alleged gangsters from the charge of conspiracy to kill Advani. The judge had observed that the prosecution had failed to prove the charges.
The accused are Akbar Hussain Shafi Hussain, Zakir Hussain Shaikh, Mohammed Hanif, Javed Khan, Srinivas Naidu alias Tohil, Mohammed Saddiq Ansari and Mohammed Sadiq Shaikh.
The trial court had pulled up police for lapses. It also observed that fir appeared to be "concocted" and the delay in filing FIR was not explained. The FIR did not mention that the accused had planned to kill Advani. In this regard, police relied on statements of co-accused and witnesses.
According to police, the accused had allegedly hatched a conspiracy in 2001 to assassinate Advani, who was then the Union Home Minister L K Advani. They had conspired in Mumbai and held meetings in Bharat Cafe restaurant in suburban Ghatkopar.
It was alleged the accused had gone to Lucknow as part of the conspiracy to kill Advani, as he was to visit the place in September 2001. Bureau Report