SC to hear convict’s plea against life term

ON FEBRUARY 25 THIS YEAR, THE PUNJAB AND HARYANA HIGH COURT HAD DISMISSED CBI’S PETITION SEEKING DEATH PENALTY FOR MOMIN, WHILE UPHOLDING HIS LIFE SENTENCE

Supreme Court on Friday granted leave and admitted the appeal filed by one of the convicts and co-conspirators, Abdul Latif Adam Momin, in connection with the 1999 IC 814 Kandahar hijacking case.

An apex court bench headed by justice Pinaki Chandra Ghose and also comprising justice Rohinton Fali Nariman granted the leave and admitted Momin’s appeal while stating that it would hear the matter very soon.

Momin has challenged the life imprisonment awarded to him by the Punjab and Haryana high court in the top court.

While Momin has appealed against his conviction and award of life imprisonment in the case, the Punjab government, through the Central Bureau of Investigation (CBI), has challenged the acquittal of Bhupal Man Damai, alias Yusuf Nepali, by the high court. Momin in his appeal has contended that the prosecution has failed to produce evidences which could suggest that he has abated the hijacking.

Momin has said he has been in custody for 17 years and has never been on parole since his arrest on December 30, 1999.

He has also contended that his confessional statements were not considered by the court.

The Indian Airlines flight IC-814 from Kathmandu to New Delhi, with 179 passengers and 11 crew members on board, was hijacked on December 24, 1999, and taken to Kandahar in Afghanistan by five hijackers, who are still absconding.

The hijackers had executed one passenger, Rupin Katyal, and finally negotiated the release of terrorists Masood Azhar Alvi, Syed Omar Sheikh and Mushtaq Ahmad Zargar from Indian jails on December 31, 1999, in exchange for the hostages.

In 2014, the apex court had issued notice on the pleas of Momin and Punjab government against the high court verdict.

On February 25 this year, the Punjab and Haryana high court had dismissed CBI’s petition seeking death penalty for Momin.

While upholding Momin’s life sentence, the high court had acquitted two other convictsafter finding them guilty only under the Arms Act.