Wrongly Convicted Database Record


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Sattar Battery Abdulgani





5 yrs

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Judicially Exonerated

Summary of Case:

"Babu Munnakhan Pathan, Yusuf Laplap Khudadadkhan, Shirajmiya Akbarmiya Thakore, Deni Mohammedali Saiyed, Bapu Saiyedhussein Saiyed, Gajjukhan Sabdrkhan, Salim Anvaruddin Shaikh, Sattar Battery Abdulgani, Raoof Abdul Kadar Shaikh, Bhajiya Mohammedbhai, Nashir Luhar were eleven codefedants wrongly convicted in 2006 of terrorism charges related to allegedly planning to create communal violence during the Lord Jaganath Puri Yatra at Ahmedabad in Gujarat in 1994. On September 26, 2012 the Supreme Court of India acquitted all eleven defendants on the basis the police failed to follow proper procedures under the Terrorist and Disruptive Activities (Prevention) Act (TADA). The Court ruled regarding the TADA: "the safeguards provided therein must scrupulously be followed. In the country of Mahatma, "means are more important than the end". Invocation of TADA without following the safeguards resulting into acquittal gives an opportunity to many and also to the enemies of the country to propagate that it has been misused and abused. District Superintendent of Police and Inspector General of Police and all others entrusted with the task of operating the law must not do anything which allows its misuse and abuse and ensure that no innocent person has the feeling of sufferance only because "My name is Khan, but I am not a terrorist" The Court also ruled, "We have been told that many of the accused, because of poverty or for the reason that they had already undergone the sentence, have not preferred appeals before this Court. Further, this Court had not gone into the merits of the appeals preferred by few convicts on the ground that they have already served out the sentence and released thereafter. The view which we have taken goes to the root of the matter and vitiates the conviction and, hence, we deem it expedient to grant benefit of this judgment to all those accused who have been held guilty and not preferred appeal and also those convicts whose appeals have been dismissed by this Court as infructuous on the ground that they had already undergone the sentence awarded. In the result, we allow the appeals preferred by those accused who have been convicted and sentenced by the Designated Court and set aside the judgment and order of their conviction and sentence." The TADA was repealed after dozens of defendants had been convicted of violations of its provisions."

Conviction Caused By:

Police and prosecutor misconduct.

Innocence Proved By:

"On September 26, 2012 the Supreme Court of India acquitted all eleven defendants on the basis the police failed to follow proper procedures under the Terrorist and Disruptive Activities (Prevention) Act (TADA)."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:



Information Source 1:

"Ashrafkhan @ Babu Munnekhan Pathan vs. State of Gujarat Criminal Appeal No. 482 OF 2002 (Supreme Ct. of India, decided on Sept. 26, 2012)"

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Information Source 2:

"Religion no basis to punish people, says SC, By Staff Writers, Deccan Herald (New Delhi, India), September 26, 2012"

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