189 people were killed in the seven train blasts in 2006
Supreme Court stays Bombay High Court Order acquitting 12 in Mumbai Train Blasts Case
The bombs were placed in first-class compartments of local trains from Churchgate. They exploded near the stations of Matunga Road, Mahim Junction, Bandra, Khar Road, Jogeshwari, Bhayandar and Borivali.
It was a nightmare for commuters and residents of Mumbai and suburbs for days.
The Supreme Court on Thursday, July 24, stayed the Bombay High Court verdict acquitting all 12 accused in the 2006 Mumbai train bomb blasts case.
A bench of Justices M M Sundresh and N Kotiswar Singh said the high court judgment shall not be treated as a precedent, and issued notice to all the accused in the case. The court, however, did not stay the release of the accused from prison.
The developments came as the top court was hearing a petition by the Maharashtra government challenging the High Court verdict.
Seven bomb blasts ripped through separate Mumbai local trains within a span of 11 minutes on July 11, 2006 killing 189 people and injuring many.
On Monday, July 21, the Bombay High Court had acquitted all the 12 accused, saying the prosecution had utterly failed to prove the case and it was "hard to believe the accused committed the crime".
On Supreme Court stay order:
AIMIM MP Asaduddin Owaisi says, -- "The Supreme Court has put a stay on the High Court judgement and said that the accused who were released after 18 years, will not be arrested again.
I want to ask the Central government and Maharashtra government why are you putting this appeal when they have walked out as completely innocent? I also want to ask, if accused of the Malegaon blast, which is reserved for judgement, are acquitted, will you appeal then also ..."?
Appearing for the Maharashtra government, Solicitor General Tushar Mehta sought a stay on the verdict but did not press for a stay on the release of the acquitted persons. "I am seeking stay, not to bring them back to jail. Certain findings of laws will affect the MCOCA (Maharashtra Control of Organised Crimes Act) trial. May consider saying they may not be required in jail," he said.
The court said since all the accused were released, there was no question of sending them back to the prison. "However, on submissions of learned SG, the impugned judgment will not be treated as precedent," it said.
Justice Sundresh said he read the case files and learnt that some of the accused are Pakistani nationals.
In its order earlier this week, the High Court bench of Justice Anil Kilor and Justice Shyam Chandak set aside a September 2015 judgment of the MCOCA court that had imposed the death penalty on five of the 12 accused persons and had sentenced the remaining seven to life.
"The prosecution has utterly failed to prove the case against the accused. It is hard to believe that the accused committed the crime. Hence, their conviction is quashed and set aside," it said.
The court also said the explosives, arms and maps recovered during the investigation appeared to be unrelated to the blasts. The prosecution, it said, could not even prove what kind of bombs were used in the blasts. It subsequently ordered the release of all the accused if they are not wanted in any other case.
Chief Minister Devendra Fadnavis had described the acquittals as "shocking". "I have discussed with the lawyers, and the high court verdict will be challenged in the Supreme Court," he said.
Rigged pressure cookers were used for the bombings to amplify the damage caused in 2006. The first blast occurred at 6.24 pm - rush hour due to people returning from work - and the last at 6.35 pm.
In 2015, the special court of Maharashtra Control of Organised Crime Act sentenced Faisal Sheikh, Asif Khan, Kamal Ansari, Ehtesham Sidduqui and Naveed Khan to death. Seven other convicts Mohammed Sajid Ansari, Mohammed Ali, Dr Tanveer Ansari, Majid Shafi, Muzzammil Shaikh, Sohail Shaikh and Zamir Shaikh were sentenced to life imprisonment for being a part of the conspiracy.
ends
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