Asaduddin Owaisi on 7/11 acquittals: Will Govt punish ATS for jailing innocents for 18 years?
The Bombay High Court's judgement came nearly a decade after a special court awarded the convicts capital punishment and life sentences.
'12 Muslim men were in Jail for 18 years for a crime they didn't commit. Their prime life is gone. 180 families who lost their loved ones, several injured no closure for them. Will the government take action against officers of Maharashtra ATS who investigated this case ?' the Hyderabad MP asked in a post on X.
A bench of Justice Anil Kilor and Justice Shyam Chandak observed that 'the prosecution has utterly failed in establishing the case beyond reasonable doubts,' legal news website Bar and Bench reported.
The court found the statements of nearly all prosecution witnesses unreliable. The court reportedly said there was no reason for taxi drivers or people inside to remember the accused after almost 100 days of the blast.
'Innocent people are sent to jail, and then, years later, when they are released from jail, there is no possibility for reconstruction of their lives. For last 17 years, these accused are in jail. They haven't stepped out even for a day. The majority of their prime life is gone. In such cases where there is a public outcry, the approach by police is always to first assume guilt and then go from there,' Owaisi said in the post.
On the evening of July 11, 2006, bomb blasts took place at seven different places in the Mumbai local train within just 11 minutes. In this incident, 189 people lost their lives in the blast, while more than 827 passengers were injured.
The bombs were placed in first-class compartments of trains from Churchgate. They exploded near the stations of Matunga Road, Mahim Junction, Bandra, Khar, Jogeshwari, Bhayandar and Borivali. A trial court in 2015 convicted 12 people in the blasts case.
The chargesheet was filed in the case in November 2006. After this, in 2015, the trial court convicted 12 accused. Of these, 5 were sentenced to death, while 7 were given life imprisonment.
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On Tuesday, following sporadic protests by the Jain community in various parts of Mumbai, Maharashtra Chief Minister Devendra Fadnavis intervened in the matter, emphasising respect for public sentiments. He proposed regulated feeding and mechanised cleaning of the pigeon droppings and directed the BMC to ensure the same, as well as inform the Bombay High Court of the state government's stance Thursday. 'Whatever happened (Wednesday) was wrong. CM Fadnavis ji had heard everyone and given appropriate directions … I would like to request everyone to maintain peace and not take law into their hands,' BJP leader Mangal Prabhat Lodha, a minister in the Maharashtra government and guardian minister of the Mumbai suburbs, told reporters at the Dadar 'kabutarkhana'. The Jain community has also been participating in protests against the relocation of a 36-year-old elephant, Mahadevi, earlier housed at the Jain Math in Nandini village, Kolhapur, to the Vantara elephant sanctuary in Gujarat, as directed by the court. On Wednesday, CM Fadnavis held talks with Vantara officials, who offered to build a dedicated elephant rehabilitation facility in Kolhapur. The protests have had the BJP scrambling to placate the community, considering it has been a loyal vote bank of the BJP and is a prosperous, dominant business community in Mumbai. Local polls, including the BMC elections, are scheduled to be held over the next few months, and no doubt that the BJP would like to keep its support base happy. However, party leaders say, the protests will not impact the support for the party within the Jain community. A senior BJP leader who did not wish to be named told ThePrint, 'The Jain community is aware of its influence and monetary power. They know that the BJP needs the community to be on its side. Incidents like these—where they have to come out to protests—will not make the community anti-BJP. The community is just trying to assert its position.' She added that politically, the BJP now also has an opportunity to reiterate its commitment to the Jain community by finding a solution to a problem caused by a court-mandated decision. In April this year, the Jain community similarly took to the streets to protest against the BMC for demolishing a Jain temple in Vile Parle, Mumbai. The temple was allegedly built illegally inside a housing society. However, back then too, following the backlash, the Devendra Fadnavis-led government scrambled to take charge of the narrative and shunted out the civic officer in charge of the demolition exercise. BJP leaders, such as Lodha, MLA Parag Alavani, and former corporator Moorji Patel, even attended the protests at the time. Jayant Jobalia of the Borivali-based Shree Vardhaman Sthanakvasi Jain Sangh told ThePrint that the current protests are being given a political colour but have nothing to do with politics. 'We are all non-violent people. We follow the tenet of 'live and let live'. These protests are in the pursuit of the same tenet. It is not political,' Jobalia said. 'We have good relations with political leaders from the ruling party.' The 'influential' Jain community of Mumbai The Jain community, awarded minority status in the country in January 2014, is not numerically strong in the state. At 1.24%, the Jain population in Maharashtra is only 14 lakh. Maharashtra Jains, however, account for nearly a third of the total population of Indian Jains. BJP leaders say Jains account for 30-40 percent of the Mumbai-based Gujarati voters, known for championing their party. No official statistics exist, but the Gujarati voter base is estimated at 28-30 percent—close to the Marathi population. A Mumbai-based BJP leader often cites an example that shows the strength and purchasing power of the Jain community in the city. At least three popular restaurants—Status, Cream Centre and Swati Snacks—run empty during the Jain 'Paryushan', a nine-day fast observed within the community. Another example of their influence is how several major developers across the city plan residential projects prominently advertising a Jain temple on the premises. The strength and influence of Jains in Mumbai have also prompted the Uddhav Balasaheb Thackeray-led Shiv Sena to build bridges with the community by meeting Jain monks over the years. The undivided Shiv Sena built its politics on the agenda of the Marathi population in Mumbai. The protests against the 'kabutarkhana' closures stem from the Jain principle of 'Jeev Daya'—showing compassion and kindness towards all living beings—with pigeon-feeding spots often located close to Jain temples. 'There have been issues where the Jain community has come and asserted their stand, but that does not mean they will not remain with the BJP. Jains are prosperous, knowledgeable and understand what is happening around them. The party has also always made efforts to maintain its relations with the Jain community,' the Mumbai-based BJP leader quoted before in this section said. It is also a primary reason for the growth of Lodha's political career. 'He is an influential, prosperous Jain with deep networks within the community,' he added. Lodha, one of the wealthiest politicians in the BJP, owns assets worth Rs 141 crore. From just an MLA, he became a former Mumbai BJP president, then a state cabinet minister, and now a guardian minister for Mumbai's suburbs. Political commentator Abhay Deshpande said, 'The entire community is united in its support of the BJP. They will not distance themselves from the party just over one or two issues. But this kind of aggression of the community on the streets of Mumbai might be an opportunity for Opposition parties to consolidate the Marathi voter base.' 'BJP playing with emotions of Jains' During this episode of the BMC's attempts to close 'kabutarkhanas' and Jains hitting the streets to protest the action, the Opposition has been pointing to how the action, though court-mandated, was mainly at the behest of the leaders of the ruling parties. It was MLC Manisha Kayande from the Eknath Shinde-led Shiv Sena who raised the issue of health hazards associated with 'kabutarkhanas' in the state legislative council during the monsoon session last month. BJP MLC Chitra Wagh backed her demand. In response, Uday Samant, state industries minister and a senior leader from the Shinde-led Shiv Sena, informed the public that Mumbai has 51 'kabutarkhanas' and that the state government will direct the BMC to shut them down. Animal rights activists Pallavi Patil and Sneha Visaria filed a writ petition in the Bombay High Court against the government directives last month. The court, however, refused to grant interim relief. The court, however, directed that no heritage 'kabutarkhanas' should be demolished until further orders. On Wednesday, after the ruckus at the Dadar 'kabutarkhana', MLA Rohit Pawar from the Sharad Pawar-led Nationalist Congress Party visited the spot. The state government decided what to do in haste, he said. 'Uday Samant should have thought a little about it, saying we will close 'kabutarkhanas', but any sudden action will harm the birds. The state government should have looked at closing 'kabutarkhanas' phase-wise and rehabilitating the affected birds,' Pawar said. 'If any decision of the BJP backfires, they resort to double standards,' he added. Similarly, MLA Aaditya Thackeray from the Shiv Sena (UBT) Tuesday questioned if the BJP was 'playing around with the emotions of the Jains only for their political benefit'. 'The truth is the Jain community is seen as a guaranteed vote bank by the BJP—that can be swayed during elections, despite such games by the BJP,' he said. (Edited by Madhurita Goswami) Also read: On mission to shut Mumbai's iconic kabutarkhanas, BMC faces the quiet defiance of city's bird lovers
