The Memon family had made an application in December last year seeking the release of their duplex flat at Mahim which was attached in September 1993 soon after the Memon family were declared proclaimed offenders. The application was made on ground that the entire family is scattered and facing severe hardship and inconvenience.

The duplex flat in seven-storeyed Al-Hussaini building, apart from another flat in the same building, is one of the 18 properties attached by the court receiver of the Bombay High Court in January 1994. The other attached properties included four shops at the Manish Market, two vacant plots atSantacruz and Mahim, flats at Kapadia Nagar, Kurla, Bandra and Dongri and an office at Mahim.

The Central Bureau of Investigations (CBI) had arrested Yaqub Memon near Delhi railway station on August 5, 1995 while other members of his family including Razzak Memon, Hanifa, Suleman, Yusuf, Rahin and Rubeena were arrested later in the same month. Although, the CBI maintained that they were arrested after the intelligence, the Memon family had asserted that they had wilfully surrendered and also filed sworn affidavits to the effect.

The family had petitioned for interim relief and permission to stay in the Mahim premise. They even offered to pay taxes or rent as may be imposed by the court. Opposing the petition the prosecution stated that reduction of hardship cannot be the only ground for seeking relief.

In his order Judge Kode maintained that since Al-Hussaini building was the place where the preparations for the blasts were made and flats were used for commission of offences which resulted in the deathof 257 people, injury to 716 people and loss of Rs 24 crore it cannot be handed over to the applicant until the trial is over.

According to the police, the garage and flats of Al-Hussaini building were used for loading RDX and detonators in Ambassador cars and scooters and after that they were placed at the strategic locations for the bombing.

Besides, Kode cited a judgement of Bombay High Court given in 1924 that any property attached by the government should be retrieved in the six months of its attachment. If period of six months is exceeded then the matter should be referred to the government.

Meanwhile, the Brihanmumbai Muncipal Corporation (BMC) demolished illegal structures of Tiger Memon at Samuel Street at Dongri on Wednesday. The structures were constructed in 1990 and attached in 1993 along with Memon's other properties. However, after it was established that they were illegal, `B' Ward Officer Dr Kishor Kshirsagar accompanied by a posse of police personnel from the Dongri police stationdemolished the building on Wednesday.