The life imprisonment given to 17 of the 19 convicts in the 1993 Mumbai serial blasts case was today upheld by the Supreme Court which freed one of them by reducing his sentence saying being an HIV positive patient, his was a "special circumstance".

The life term awarded to three family members of one of the absconding main conspirators Tiger Memon was confirmed by the apex court which observed that they "facilitated and abetted the conduct of terrorist acts by Tiger Memon and his associates".

The designated TADA court's decision to award life term to Essa alias Anjum Abdul Razak Memon, Yusuf Abdul Razak Memon and Rubina Suleman Memon along with 14 others was concurred to by the apex court which dismissed their appeals challenging their conviction and sentenced.

A bench of justices P Sathasivam and B S Chauhan while upholding the conviction of Imtiyaz Yunusmiyan Ghavate, an AIDS patient, who had planted a scooter filled with RDX, said there was no need to send him back to jail.

"The fact that the appellant (Ghavate) is suffering from AIDS/HIV+ has not been disputed by the CBI. Taking note of all these aspects including the fact that he was in jail nearly for 14 years, while confirming the conviction and sentence, in view of special circumstances, though the life sentence is the appropriate sentence for the proved charges, we order that there is no need to send him back to prison," the bench said.

"In the peculiar circumstance, we make it clear that the period already undergone would be sufficient and with this direction, we dispose of his (Ghavate's) appeal," it said.

The apex court reduced to 10 years the life term given to 70-year-old Ashrafur Rehman Azimulla Shaikh, suffering from schizophrenia, on health grounds and also on the fact that he had already spent around eight-and-half years in jail.

"Taking note of all these aspects, we feel that while confirming the conviction (of Shaikh), ends of justice would be met by reducing the sentence of the appellant to RI for 10 years," the bench said.

The apex court also allowed the appeals filed by the state and enhanced to life term the varying punishment awarded to convicts Mohd Rafiq Usman Shaikh, Farooq Illiyas Motorwala, Manoj Kumar Bhanwarlal Gupta and Sharif Abdul Gafoor Parkar observing these four convicts were part of the conspiracy which led to the serial blasts.

Apart from the three Memons, others whose life term was upheld by the apex court are -- Sardar Shahwali Khan, Muzammil Umar Kadri, Vijay Krishnaji Patil, Mohammed Salim Mira Moiddin Shaikh, Salim Rahim Shaikh, Nasim Ashraf Shaikh Ali Barmare, Bashir Ahmed Usman Gani Khairulla, Dawood Taklya Mohammed Phanse, Mohd Moin Faridulla Qureshi, Shaikh Ali Shaikh Umar, Niyaz Mohammed and Parvez Mohammed Parvez Zulfikar Qureshi.

Besides them, life imprisonment awarded to former senior customs officer Late S K Thapa was also confirmed by the bench which said that since he had died during pendency of appeal, "there cannot be any direction except confirming the decision of the designated court..."

The court dismissed the contentions of Mohd Moin Faridulla Qureshi who had claimed to be a juvenile and had sought that he be dealt with under the Juvenile Justice (Care & Protection of Children) Act and had also contended that the Terrorist and Disruptive Activities (Prevention) Act (TADA) was inapplicable in his case.

"TADA, being a special act, meant to curb the menace of terrorist and disruptive activities will have effect notwithstanding the fact that JJ Act is general and beneficial legislation. On perusal of aims and objects of TADA, it is clear that the act is brought into the statute books to deal with a special category of persons, viz., terrorists," the bench said.

"Despite being fully aware of the conspiracy, the appellant (Faridulla) proceeded to act by taking training, preparation of vehicle bombs and even throwing hand grenades in a populated place, thereby, furthering the object of such a heinous conspiracy," it added.

The life term awarded by the TADA court to Vijay Krishnaji Patil, then a police officer, was upheld by the apex court which said his crime should be seen in light of the fact that he "was the protector of law".

"The crime of the appellant (Patil) may be considered in the light of the fact that he was the protector of law and he has breached the trust of the people of the country. Had he honestly done his duty, perhaps the whole disaster could have been obviated," the bench said.

The appeal of Nasim Ashraf Shaikh Ali Barmare, who threw grenades at the aircraft parked in Sahar Airport, against his conviction and sentence was dismissed by the apex court which said he was aware that his act could cause the death of the people in the planes.

While confirming the life term given to Dawood Taklya Mohammed Phanse, the bench observed that "he willingly participated and assisted Dawood Ibrahim and Tiger Memon in smuggling of large quantity of weapons, ammunition and explosives of mass destruction which ultimately resulted in huge destruction shocking to the very conscience".

The apex court also said that "the culpability of the appellant (Taklya) is no less than Tiger Memon".

Regarding Shaikh Ali Shaikh Umar, the court said that he was aware that "the smuggled arms were to be used against Hindus to take revenge for the demolition of Babri Masjid and that they would be used for causing blasts in Mumbai".