Two decades too late justice
The High Court's decision to overturn these convictions, citing a complete failure by the prosecution to prove the charges, underscores severe deficiencies in the country's criminal justice system, and raises troubling questions about due process, investigative integrity, and the protection of the rights of the accused, particularly in terrorism cases.
The 2006 attacks, which killed 187 people and injured over 800, remain among the deadliest acts of terrorism in India. In the immediate aftermath, facing intense pressure to produce swift results, law enforcement agencies made several arrests. Thirteen men were eventually convicted, one of whom died of Covid-19 in 2021. Now, 12 of them have been fully exonerated.
In its judgement, the two-member bench of the Mumbai High Court delivered a scathing critique of the prosecution's case, stating it had 'utterly failed' to establish the guilt of the accused. This rebuke clearly indicates that the convictions were driven by external pressures and systemic prejudice — particularly against Muslims.
It exposes how communal bias, institutional pressure, and weak investigative practices can combine to produce devastating miscarriages of justice. That five of these men were sentenced to death on such flimsy grounds is deeply distressing and should worry all good, honest people in India about the use of capital punishment — especially when applied to marginalised communities.
The case highlights the need for stronger safeguards in terror-related investigations, especially in high-pressure, emotionally charged environments. Moreover, the failure to identify and prosecute the actual perpetrators means justice remains elusive for the victims and their families. At the same time, the wrongful incarceration of innocent men for nearly 20 years represents a grave injustice.
These men endured imprisonment, stigma, and the terror of possible execution; their families bore the burden in silence. Accountability must now extend to those responsible for the original investigation, whether their failures stemmed from incompetence, negligence, or communal bias. True justice now demands police accountability, and reforms to ensure that such miscarriages of justice are never repeated in the so-called 'world's largest democracy'.
Copyright Business Recorder, 2025
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