The POTA court had convicted Mohammed Ashraf Ismail Nagori and Mohammed Tahir Mohammed Arif Bakaswala for conspiring and attacking the prominent Surat-based lawyer, Lalwala.
A division bench of Gujarat high court comprising Justice Jayant Patel and Justice ZK Saiyed has upheld the POTA court order in lawyer Hasmukh Lalwala attack case. The POTA court had convicted Mohammed Ashraf Ismail Nagori and Mohammed Tahir Mohammed Arif Bakaswala for conspiring and attacking the prominent Surat-based lawyer, Lalwala.
The court rejected the appeal of the petitioners who had challenged their conviction by the POTA court. POTA judge Sonia Gokani had awarded seven years' rigorous imprisonment and a fine of Rs20,000 to the two for conspiring and attacking Lalwala to create an atmosphere of terror in society.
Nagori and Bakaswala had contended that they were coerced to make confessional statements, hence it would have no evidentiary value in the trial. They also contended that one of the accused had already undergone imprisonment as undertrial prisoner in another case and was freed as innocent after the trial, hence the court should consider the period of imprisonment undergone and reduce the conviction.
The court observed that conspiring and attacking Lalwala to teach the Hindu community a lesson was an act to create terror in society. The division bench was of the opinion that such acts by citizens of the nation would harm the integrity of the nation.
As per case details, Nagori and Bakaswala had attacked Lalwala on May 21, 2002 near a Jain temple at Makkai Bridge in Surat, in which Lalwala had sustained injuries. The police had booked five persons in the case. Two accused have died and one is still absconding.
The designated POTA court had convicted the present petitioners on August 4, 2005. The duo is also accused in ISI conspiracy and Haren Pandya murder case.
Moreover, the high court also dismissed the appeal of the state government to enhance the punishment. It confirmed the designated court's discretion to award the maximum punishment for the offences under sections 307 and 120-B of IPC, section 25(1)B(a) of Arms Act and section 3(2) of the POTA.
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