Case Note & Summary
The High Court of Karnataka at Bengaluru heard together a criminal reference for confirmation of death sentence and two criminal appeals arising from the judgment of the Special Court for trial of Church Bomb Blast Cases in SC No.696 of 2005. The case related to a bomb blast at St. Peter and Paul Church, JJ Nagar Main Road, Bangalore, on 9 July 2000 at 10.15 p.m. The trial court convicted the accused under Section 235(2) of the Code of Criminal Procedure, 1973 for offences under Section 120-B read with Sections 121-A, 124-A and 153-A of the Indian Penal Code, 1860, and other offences. Accused No.10 Syed Mohammed Ibrahim was awarded death sentence, leading to the reference under Section 366 CrPC for confirmation. The other convicted accused filed Criminal Appeal No.24 of 2009, while Syed Mohammed Ibrahim filed Criminal Appeal No.1203 of 2008. The accused were alleged to be members of Deeendar Anjuman Association, founded by Hazrath Moulana Syed Siddique Kibla alias Siddique Deendar Channabasaveshwara. The background of the organization was extensively set out in the judgment. The founder, born in 1886 in Gulbarga District, studied various religious texts and posed as a believer in Eka Devo Bhava and Sarva Dharma, but his hidden agenda was to Islamise India and become Jagadguru. He wrote books in multiple languages interpreting Hindu and Islamic scriptures to propagate his ideas and attract Lingayath followers. He and his followers earlier faced proceedings for preaching enmity. After his death in 1952, his son Zia-Ul-Hassan became the leader of the ashram. Dr. K.M. Munshi recorded the activities of the Deeendar Anjuman, noting that the founder declared Jihad against Hindu shrines and his followers looted Hindus. The judgment detailed the marriages and burials of the founder and his wives. A-1 Zia-Ul-Hassan was said to have visited Mecca and Madina and received a prophecy that India would become an Islamic nation. The prosecution case was that the accused conspired and carried out the church bomb blast as part of this larger conspiracy to wage war against the State and promote religious enmity. The trial court accepted the prosecution evidence and convicted the accused. The High Court was called upon to examine the legality of the convictions and the death sentence imposed on A-10.
Issue of Consideration
Case Details
2014 LawText (KAR) (12) 3
Criminal RC No.3/2008 c/w Criminal Appeal No.1203/2008 & Criminal Appeal No.24/2009
H N Nilogal (Special Public Prosecutor), Hashmath Pasha (Advocate for Appellants)
Syed Mohammed Ibrahim (A.10) and Others
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Nature of Litigation
Criminal appeals against conviction and sentence, and reference for confirmation of death sentence awarded to accused No.10 for offences including conspiracy and waging war against the State, arising out of a bomb blast at a church in Bangalore in 2000.
Remedy Sought
Appellants seek setting aside of conviction and sentences; High Court reference seeks confirmation of death sentence.
Filing Reason
Accused were convicted by the Special Court for the trial of Church Bomb Blast Cases, Bangalore, for bomb blast at St. Peter and Paul Church on 09-07-2000, and sentenced; appeals filed against conviction, and death sentence referred for confirmation.
Previous Decisions
Trial court (34th Addl. City Civil & Sessions Judge & Presiding Officer, Spl. Court, Central Prison Premises, Bangalore) convicted the accused vide judgment dated 21-11-2008 and sentenced them on 29-11-2008 in SC No.696/2005.
Judgment Excerpts
A series of bomb blasts at Churches situate at various places rocked the State of Karnataka in the year 2000 attempting to disturb the normal tranquility of the civilized society and the peace loving people of Karnataka who believe in co-existence of all religious denominations.
Accused are the members of Deeendar Anjuman Association having its head office at Asifnagar, Hyderabad in the State of Andhra Pradesh and branches at various places in that State as well as Karnataka, Goa, Maharashtra and other States.
Siddique Deendar Channabasaveshwara professed that he was a believer of ‘Eka Devo Bhava and ‘Sarva Dharma’, respect for all religions... but in reality, Eko Jagadeeshwara meant Allah, Eko Jagadguru - Mohammad Paigambar and Eko Dharma - Islam; and Siddique Deendar Channabasaveshwara’s hidden agenda was to Islamise the whole world including India.
After liberation of Hyderabad State, the Agent-General of India in Hyderabad State, Dr.K.M.Munshi, during his stay at Hyderabad personally observed the activities of Deendar Anjuman Organization and its founder and has recorded thus...
During 1998 A-1 Zia-Ul-Hassan had been to Mecca and Madina, where he is said to have got the prophecy that India would become an Islamic nation.
Procedural History
Crime No.113/2000 registered by Jagajivanramnagar Police Station, Bangalore. Investigation by Police Inspector, C.A. Squad, C.O.D., Bangalore. Chargesheet filed before Special Court for trial of Church Bomb Blast Cases, Central Prison Premises, Bangalore. Trial conducted in SC No.696/2005. Judgment of conviction dated 21-11-2008 under Sections 120-B, 121-A, 124-A, 153-A IPC and other offences. Sentence passed on 29-11-2008, including death sentence to A.10. Death reference made to High Court under Section 366 CrPC. Accused filed Criminal Appeals under Section 374(2) CrPC. Appeals and reference heard together by Division Bench of High Court of Karnataka.
Acts & Sections
- Indian Penal Code, 1860: 120-B, 121-A, 124-A, 153-A
- Code of Criminal Procedure, 1973: 235(2), 366, 374(2)
