A two Judge Bench of Justices AK Patnaik and V Gopala Gowda of the Apex Court slammed the Gujarat Police for its poor investigation in the case in which all of the accused faced prosecution under the stringent anti-terror law Prevention of Terrorism Act (POTA). The Bench dismissed the orders of the trial court and the Gujarat High Court which had given three convicts the death sentence.

Adam Ajmeri, Shan Miya alias Chand Khan and Mufti Abdul Qyyum Mansuri were awarded death sentence in July 2006 by the special court set up to try the case under POTA.

Mohammed Salim Shaikh was sentenced to life imprisonment, Abdulmiyan Qadri was given a 10-year term and Altaf Hussain was sentenced to imprisonment for five years.

The Apex Court held that sanction to prosecute the arrested persons under POTA was "void" on ground of non-application of mind and the sanction was illegal and invalid.

Twenty two people were killed during the attack, including 28 temple visitors, three commandos, including one from NSG, and a constable of the State Reserve Police (SRP).


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