NEW DELHI: The Maharashtra government on Tuesday knocked on the doors of the Supreme Court by filing an appeal challenging Monday's Bombay High Court verdict acquitting all 12 convicts in the 2006 Mumbai train blasts case.
Solicitor General (SG) Tushar Mehta mentioned the matter before a bench of the top court, headed by Chief Justice of India (CJI) B R Gavai, seeking urgent listing and hearing of the appeal.
After hearing Mehta’s submission, the CJI-led bench agreed to list the matter for hearing on Thursday.
During the brief hearing, Mehta told the top court that the Special Leave Petition (SLP) was ready. “Please list it tomorrow... There is urgency,” the SG pleaded.
CJI Gavai responded by stating that he had read in the papers that eight accused had already been released from prison following the High Court’s judgement.On Monday, the Bombay High Court acquitted all 12 accused in the 2006 train blasts case as it set aside the Special MCOCA Court's 2015 order that had handed the death sentence to five and life imprisonment to seven others, saying it was “hard to believe” they committed the crime.
Nineteen years ago, on 11 July 2006, seven bombs ripped through Mumbai’s local trains, killing 189 and maiming 820 commuters. The bombs were allegedly timed to go off during the evening rush hour to inflict maximum damage.
In its judgement, the bench of Justices Anil Kilor and Shyam Chandak cited several reasons for overturning the lower court’s verdict. The judges noted that evidence had not been properly collected or presented.
Although the first arrest in the case was made on 20 July 2006 and arrests continued thereafter, the test identification parade was allegedly not conducted for four months.
Moreover, some of the witnesses were also involved in the 2002 Ghatkopar bomb blast case, and their testimonies were shattered during cross-examination.
“The appellants shall be released from jail if they are not required to be detained in any other case, by giving a bond of ₹25,000 each,” the High Court said.
The MCOCA court had earlier sentenced Kamal Ansari (now deceased), Mohammad Faisal Shaikh, Ehtesham Siddiqui, Naveed Hussain Khan, and Asif Khan to death.
Tanveer Ahmed Ibrahim Ansari, Mohammed Majid Shafi, Shaikh Mohammed, Mohammed Sajid Margub Ansari, Muzammil Ataur Rahman Shaikh, Suhail Mehmood Shaikh, and Zameer Ahmed Shaikh were handed life imprisonment.
Maharashtra’s Anti-Terrorist Squad, which investigated the case, has stated it will challenge the Bombay High Court’s order in the Supreme Court.