Tiger Memon’s Properties and SAFEMA: A Legal Resolution

Context:

The forfeiture of 14 properties linked to Tiger Memon, a key accused in the 1993 Bombay blasts, to the central government after 34 years marks a significant legal development. This summary, based on an Indian Express article, details the process under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act (SAFEMA), 1976, and its implications, offering critical insights into India’s anti-terrorism and property forfeiture framework.

Key Points:

• Court Ruling: On March 26, 2025, a special court in Mumbai ordered 14 properties of Tiger Memon, a prime accused in the 1993 Bombay blasts, to be handed over to the central government, ending a 34-year legal process.
• Historical Context: These properties were confiscated 34 years ago following the 1993 Bombay blasts, which killed 257 people and injured 1,400 on March 12, 1993, orchestrated by Tiger Memon and Dawood Ibrahim.
• Property Details: The assets include flats, shops, and plots across Mumbai, such as Al Hussaini building in Mahim, properties in Kurla, Dongri, and Manish Market, owned by 11 Memon family members, including Tiger and his brother Yakub Memon, executed in 2015.
• Legal Basis - SAFEMA: The Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, allows forfeiture of illegally acquired property to the central government, targeting smuggling and foreign exchange violations.
• SAFEMA’s Purpose: Enacted in 1976, SAFEMA aims to curb smuggling and foreign exchange manipulation, with forfeiture as a criminal law remedy, particularly in terrorism cases.
• Forfeiture Timeline: In 1993, SAFEMA’s competent authority ordered the forfeiture of these properties. In 1994, a TADA court attached them under anti-terror laws, appointing a court receiver as custodian.
• 1993 Bombay Blasts: The coordinated attacks involved 12 bomb explosions across Bombay, with Tiger Memon and Dawood Ibrahim as main conspirators, leading to significant loss of life and property damage.
• Legal Delays: The transfer was delayed due to appeals by affected parties, which were eventually dismissed, allowing the SAFEMA authority to approach the TADA court in 2025 for final handover.
• Court’s Final Order: The special court, noting the 1993 forfeiture order’s finality, directed the properties’ release to the central government, ending the Bombay High Court receiver’s custody since 1994.
• Precedent: Properties of Dawood Ibrahim have similarly been confiscated and auctioned under SAFEMA, setting a precedent for handling assets of terrorism accused.
• Criminal Law Context: Forfeiture under SAFEMA aligns with Section 126 of the Indian Penal Code, 1860, which includes property forfeiture as a penalty for waging war against a friendly country, alongside jail terms and fines.

Key Terms:

• SAFEMA, 1976: Law enabling forfeiture of illegally acquired properties linked to smuggling and foreign exchange violations.
• Tiger Memon: Key accused in the 1993 Bombay blasts, still absconding, linked to the forfeited properties.
• 1993 Bombay Blasts: Series of 12 explosions in Bombay on March 12, 1993, killing 257 and injuring 1,400.
• TADA: Terrorist and Disruptive Activities (Prevention) Act, used to attach Memon’s properties in 1994.
• Forfeiture: Legal seizure of property acquired through illegal means, transferred to the government.
• Dawood Ibrahim: International fugitive and co-conspirator in the 1993 blasts, whose properties were also confiscated.
• Competent Authority: SAFEMA-designated body responsible for ordering property forfeiture.
• Court Receiver: Official appointed to manage attached properties until final legal resolution.

Link To The Original Article – https://indianexpress.com/article/explained/explained-safema-tiger-memon-how-14-properties-belonging-to-1993-bombay-blasts-accused-were-handed-to-govt-9919166/