19 years after Mumbai train attack, there is no closure — only unanswered questions

Indian Express

3 days ago

Nineteen years ago, sophisticated bombs ripped through seven local trains in Mumbai within 11 minutes. They killed 189 people, and injured 816. In less than three months, the Anti-Terrorism Squad of Maharashtra Police arrested 13 individuals, named another 15 in hiding as accused, and claimed to have cracked the case. Stringent anti-terror laws, from the Unlawful Activities (Prevention) Act to the Maharashtra Control of Organised Crime Act, were invoked, and the investigators claimed the accused had confessed to their crimes. They were subsequently tried and awarded sentences of life imprisonment and the death penalty in 2015. On Monday, the Bombay High Court acquitted 12 men, highlighting critical procedural lapses in the investigation. The 617-page verdict raises important questions about how an investigation in a case that shook the nation is riddled with worrying loose ends and gaps. Justice Anil S Kilor begins with a disquieting assessment of the case: 'Punishing the actual perpetrator of a crime is a concrete and essential step toward curbing criminal activities, upholding the rule of law, and ensuring the safety and security of citizens. But creating a false appearance of having solved a case by presenting that the accused have been brought to justice gives a misleading sense of resolution. This deceptive closure undermines public trust and falsely reassures society, while in reality, the true threat remains at large.'
The High Court ruling points to a series of serious lapses in the investigation, from picking and choosing eyewitnesses, reliance on maps allegedly recovered from the accused, and how confessional statements were obtained. The court notes the serious allegations and medical evidence of custodial torture of the accused. The ruling shows that even the basic element of the case — the nature of the bombs used — was not established with cogent evidence by the prosecution. The state did not have adequate reasons or material evidence, the court held, to grant sanction to prosecute the accused under MCOCA. This is a crucial step in the process when stringent anti-terror laws are invoked. These are laws enacted with the stated goal of combating terror threats that give the state wide powers. They reverse the burden of proof, allow prolonged detention and powers of invasive surveillance, and relax evidentiary standards. It is worrying that Maharashtra Police could not establish the case even to this standard. 'The prosecution has utterly failed to establish the offence beyond a reasonable doubt against the accused on each count, it is unsafe to reach the satisfaction that the Appellants/Accused have committed the offences for which they have been convicted and sentenced,' the court said.
Strict anti-terror laws provide a legal framework for the state. But rigorous and fair investigations are crucial for their effectiveness and legitimacy. It is true that there is immense pressure on the state when a gruesome attack, such as this one, is perpetrated on the people. But that makes it even more important that it holds itself to high standards of investigation. Botched investigations and trials that span decades do an added injustice to the victims. The state has a right to appeal the verdict before the Supreme Court, where the final word lies. For now, 19 years later, there is no closure for families of the victims.