The three convicts in the Kalamassery bus torching case in Kerala, Thadiyantavide Nazeer, Sabir Buhari and Thajudin, were punished for a jail term of over 35 years on nine counts.
The prosecution case was that the accused had set on fire a bus of the Tamil Nadu government, which was operating between Ernakulam and Salem, seeking support of their demand for releasing Abdul Nazar Maudany, the Chairman People’s Democratic Party, who was detained in Coimbatore Jail during 2005.
It was further alleged that the accused had assembled on September 8, 2005 at Aluva Masjid and chalked out their plan, at the instance and instigation of the accused Majid Parambai and Soofia, wife of Mr. Maudani, to set the bus on fire. The National Investigation Agency (NIA) had charge-sheeted 13 persons in this case in 2010.
Punishment set off
As the court has decided that the punishments awarded to the accused shall run concurrently, the maximum punishment one could get on these charges would be seven years.
However, the punishment of seven years imprisonment will be set off for all the three accused considering the number of years they had been in jail.
Nazeer has been imprisoned for around 12 years, Buhari 15 years and Thajudin over six years in other cases.
Other cases
Though the convicts will not have to undergo any jail term on account of the conviction in the Kalamassery bus torching case, they will not be able to walk out of the jail as they have been undergoing the punishment of life imprisonment in another case. Moreover, all the three are facing the trial in the Bangalore blast case and have not been allowed bail by the Bangalore court.
Judgement
In his judgement, K. Kamanees, the Special Judge for the NIA court, noted that the accused were of young age at the time of perpetration of the crime. The familial circumstances of the accused were also to be considered with the other circumstances in the case. The accused persons had also volunteered to raise their plea of pleading guilty. Moreover, no proscribed organisation seemed to be involved in the perpetration of the crime, the judge noted.
Earlier, the court had found the trio guilty of the offences under sections 120 B of Indian Penal Code (conspiracy), Section 121 A (conspiracy committed for waging or attempting to wage war or abetting waging of war against the government of India), Section 16 (1) (b) (punishment for terrorist act) and Section 18 of the Unlawful Activities (Prevention) Act, (punishment for conspiracy).
