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Deccan Herald
13 hours ago
- Deccan Herald
What the 7/11 verdict tells us about our probes
Seven serial blasts ripped through Mumbai's suburban train network between 6.23 and 6.29 pm on July 11, 2006, killing 187 people and injuring 824. The ghastly crime against a particularly soft target, the local trains that ferry more than six million ordinary people a day in India's financial centre along the city's north-south corridor, shook the city and the nation. But a shocker of a different kind came last week, 19 years on, when a division bench of the Bombay High Court ruled that the case in effect remains unsolved and that the 'true threat remains at large'. The High Court acquitted all 12 accused in the case, including five who had been awarded the death penalty by the trial court, and recorded strong findings against the police for grossly misinvestigating the Anil Kilor and Shyam Chandak began the 667-page judgement with the following words: '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.'.7/11 blasts | After acquittal, 9 walk out jails, two still in prison amid pending effect, the Justices recorded that the culprits still roam free. We do not know who committed the crime. Some innocents were tortured and presented as the killers, but the elaborate story did not stand scrutiny. The court's scathing remarks not only brought shame and ignominy for the investigating agencies but also raised important questions that go beyond the quality of investigations, or the capacity of the agencies and their leadership to get to the bottom of such a well-coordinated and heinous crime. These remarks raised questions on the integrity of the entire investigating network that used the heavy hand of the law and pressed charges that were quite convincingly dismissed. While it is known that police systems are anything but perfect, that the niceties of the law and due process do get stretched, particularly in sensitive investigations, wholesale violations of the kind recorded by the High Court mark this case as a new low for the State and its quite obvious response of the State has been to move the Supreme Court in appeal, with Solicitor General Tushar Mehta asking for a stay of the judgement to the extent that it would not serve as precedent before trial courts currently hearing other cases prosecuted under the Maharashtra Control of Organised Crime Act. In their order, Justices M M Sundresh and N K Singh of the Supreme Court noted that 'there is no question of imprisoning' those already released after the acquittals. However, the judges said they were inclined to hold that the impugned judgement shall not be treated as a precedent and there shall be a stay on the operation of the be some time before the Supreme Court weighs in on the matter. Meanwhile, there is ample material in the High Court judgement to act as an eye-opener; it must trigger some internal soul-searching among the top brass of the administrative machinery and lead to some review of operations if there is to be any public confidence that terrorists will be brought to book. The case shows that outdated modes of investigation, including the use of torture, do not help solve crime but are used to push a preferred line of inquiry because the real culprits are out of reach..'Barbaric and inhuman'.The court's words speak out loud. At one place, the Justices note: This detailed account of torture (narrated in the previous para of the judgement) is difficult to read and imagine the barbarity of police, and if it is accepted as true and correct, it surely depicts inhuman, barbaric, and drastic methods applied by police to extort confession from accused 1. The nature of torture mentioned in the complaint will shock the conscience of anyone. The narration shows that the incidents stated are not vague and general but with details, namely the dates, place, the names of the officers, and the nature of torture.'.This account of 'barbaric and inhuman torture', the court ruled, was corroborated by medical evidence. In other places, the court found that confessional statements did not reveal crucial aspects of the crime like: (1) in what containers the bombs were packed, (2) how were the bombs detonated, (3) what was the device used to trigger the bombs, (4) how the device got accurately activated, and most importantly, (5) who planted the bombs that exploded at Mahim and Bandra larger picture is of a failing administration, rapidly sliding down a very slippery slope in the absence of robust internal and external scrutiny, blind support in the name of fighting terrorism while the real terrorists go scot-free, and a refusal to accept and correct mistakes. Worse, this is a secular fall. We cannot blame a particular party or government – all are a party to this collapse. Since the blasts, Maharashtra has had a total of 10 governments under various parties and dispensations, including two bouts of central the end, shortcuts don't work. They don't serve the cause of justice. They are a disservice to the nation. This message must be sent down to the police force, right from the very top. It must be accompanied by strong action against those who violate due process. Just as some sections have raised a voice against the acquittals, there has to be a voice against those who messed up the investigation. We must work to find the real culprits, and we must punish all those who violated norms and have brought us to this pass..(The writer is a journalist and faculty member at SPJIMR; Syndicate: The Billion Press)
Time of India
7 days ago
- Time of India
Pocso, murder case convictionset aside by HC
Mumbai: Bombay high court on Wednesday set aside a judgment of February 28, 2022 by a fast-track sessions court in Pune, which convicted a sole accused and had sentenced him to death. HC justices, Sarang Kotwal and Shyam Chandak, cited principles laid down recently by Supreme Court that emphasised imperativeness of providing a "fair opportunity" to an accused to defend himself when the charge against him attracts the death penalty. The high court directed the trial court to re-hear arguments afresh and expeditiously, but not to conduct the entire trial de novo. In 2022, a fast-track court in Pune, dealing with cases under Pocso (Protection of Children from Sexual Offences) Act, sentenced a 38-year-old labourer to death for kidnapping, raping, and murdering a two-and-a-half-year-old girl in Pune district in February 2021. The accused, through his counsel, argued that the trial was vitiated due to a lack of proper opportunity to defend himself. The high court refrained from commenting on the merits. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai Quoting from a 2025 Supreme Court ruling, the high court said, "The failure of the trial court to ensure the deposition of the scientific experts while relying upon the DNA report has definitely led to the failure of justice, thereby vitiating the trial." by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Indonesia: New Container Houses (Prices May Surprise You) Container House | Search ads Search Now Undo The argument before the high court by both sides was that the Supreme Court has laid down that once a trial is thus vitiated, there is no question of confirming the sentence imposed through the operative part of the judgment and order passed by the trial court. The trial court had ordered that he be hanged to death, subject to confirmation as required by law. The high court said, "Since this is a case of capital punishment, the court has to ensure that all the opportunities must be afforded to the accused to defend himself. The accused must get one opportunity to argue all the aspects in respect of the additional evidence before the trial court itself so that he does not lose one forum. The trial court can appreciate the additional evidence in the background of the other evidence to consider the effect of the entire evidence cumulatively." On whether it should be a re-trial or if the trial court can re-hear arguments, the high court adopted the process which the apex court did in the "strikingly similar" case from MP, where it had not directed the trial court to conduct the trial de novo by wiping out the evidence already recorded, but to hear arguments afresh. HC directed the accused and his counsel to appear before the trial court on August 12 for further directions and disposed of the confirmation reference and his appeal.
The Star
23-07-2025
- The Star
Mumbai train blast convicts walk free
A court acquitted 12 men previously convicted for a series of bomb blasts that ripped through packed commuter trains in Mumbai in 2006 that killed 187 people. The men were convicted in 2015 of murder, conspiracy, and waging war against the country over the attacks during the evening rush hour of July 11, 2006, that also injured more than 800 people. Five were sentenced to death, while the other seven were given life imprisonment. But, 10 years later, the Bombay High Court set aside a lower court's verdict and acquitted the 12 men. Justices Anil Kilor and Shyam Chandak said in their Monday judgement, the prosecution had 'utterly failed to establish the offence beyond the reasonable doubt against the accused on each count'. A total of seven blasts ripped through the trains after the bombs, packed into pressure cookers, were placed in bags and hidden under newspapers and umbrellas. Prosecutors said the devices were assembled in Mumbai and deliberately placed in first-class coaches to target the city's wealthy Gujarati community. — AFP
Time of India
21-07-2025
- Time of India
2006 Mumbai train blasts: Torture of accused barbaric, inhuman, says HC
In this July 11, 2006 file photo, a train coach is damaged by a bomb blast at Matunga railway station in Mumbai. (PTI) MUMBAI: Bombay HC termed the 'torture' of accused number 1 in the train blasts case as 'barbaric and inhuman' and, saying that complaints of many other accused also raised doubts that torture was inflicted, discarded the confessions obtained by the state Anti-Terrorism Squad (ATS) as 'unreliable and inadmissible. ' The HC in its judgment elaborated on the complaints of torture by police to extract confessional statements from the accused. The alleged methods included splitting legs 180 degrees wide, tying individuals to a chair all night, denying food from morning to evening, and putting cockroaches in vests and rats in underwear amid a lot of beating. Justices Anil Kilor and Shyam Chandak, while acquitting all the dozen accused, invoked two-century-old history to invalidate confessions eked from threats, saying, 'We can get the evidence of police atrocities from 1817… the passing of Bengal Police Regulation, 1817, is the example. This shows that for more than two centuries, the safeguards and checks are tried to be placed on malpractices of police officers. ' Six minutes of terror The defence argued that though the accused were in custody for over 60 days, police complained of non-cooperation. However, once MCOCA was invoked on Sept 24, 2006, 11 confessions poured in, showing they 'are not voluntary but the result of continuous torture in police custody.' On Oct 9, 2006, when produced in court, all retracted the confessions and detailed the torture inflicted by ATS, defence counsel Yug Chaudhri argued. They also stepped in as defence witnesses, and their evidence merits acceptance, the HC held, since the cross-examination failed to dislodge their claim, which was 'corroborated by medical and other evidence' to a 'very substantial degree.' The HC said, 'Not allowing a person to sleep, making him stand the whole night with his arms tied above his head, or stretching his legs to 180 degrees, as has been repeatedly testified to by the accused, will not leave visible scars on the body, no matter how much this may bruise the mind or injure the psyche.' While accused number 1, Kamal Ansari, who died in 2021 in prison, did not testify as a witness, HC noted his complaint in detail, alleging a DCP had said, 'I won't kill you, I have a pen, with this pen, I will make your life hell, your entire family will come on the road.' The high court said such detailed third-degree methods can't be an 'afterthought' as argued by the prosecution. Medical and ocular evidence 'not only corroborates the complaint of A.1 of torture and its truthfulness but also the fact that police warned him not to disclose about the torture meted out to him by them to the doctor.' 'The torture was barbaric and inhuman, and it exposes the frustration the officers might have had at the relevant time for obvious reasons,' said the HC, holding his confession can't form the basis of convictions. The HC also came to a similar conclusion of torture being inflicted on many other accused. For instance, in the case of accused number 5, the HC said 'evidence sufficiently hints at the possibility of torture being inflicted… to extort his confession.' The HC also said, 'Detailed narration of torture with all the specific details creates doubt about torture to extort confession.' The judgment devoted 350-odd pages to confessions and about 100 pages to complaints of torture. The HC also said the prior approval to invoke MCOCA by an additional police commissioner was vitiated on grounds of complete non-application of mind by the then additional police commissioner. 'The procedure(s) of sanction provided in the legislation are meant to be followed strictly, to the letter, more so to the spirit. Even the slightest of variation from the written word may render the proceedings arising therefrom to be cast in doubt,' the HC noted.
Time of India
21-07-2025
- Time of India
HC quashes conviction & acquits all 12 accused in 2006 Mumbai train blasts case
Mumbai: Severely indicting the prosecution for the case it had made out and the state anti-terror squad for its shoddy probe, the Bombay high court on Monday quashed the conviction of all 12 accused found guilty a decade ago for the July 11, 2006 synchronised Mumbai train blasts between Mahim and Borivli that left 187 dead and 824 injured. The HC refused to confirm death sentences for five and life sentences given on Sept 30, 2015 to seven by the special court set up under the anti-organised crime Act and acquitted all, directing their immediate release. Punishment for an actual criminal is essential to uphold the rule of law, but "creating a false appearance of having solved a case… 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. Essentially, this is what the case at hand conveys," a special bench of Justices Anil Kilor and Shyam Chandak observed in the introduction to their 671-page judgment, before shredding the prosecution case. The identification parade was not conducted properly, witnesses identifying accused in dock after four years lacked credibility and MCOCA was invoked without application of mind, the HC said, discarding confession statements relied on for want of "trustworthiness and completeness." by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Gold Is Surging in 2025 — Smart Traders Are Already In IC Markets Learn More Undo The HC also accepted defence arguments of torture of accused vitiating confessional statements. You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai "The prosecution utterly failed to establish the offence beyond reasonable doubt against the accused on each count. It is unsafe to reach the satisfaction that the accused committed the offences for which they were convicted and sentenced," the bench held. After over six months of hearing and going through more than 44,000 pages of record, Bombay HC concluded the Maharashtra Anti-Terror Squad (ATS) had no case against the 12 accused in the 11/7 train blasts case. Over two decades ago, bombs planted on first-class compartments exploded during the peak evening commute at seven locations on the Western Railway suburban network. They ripped metal and lives between Khar Road and Santacruz, Bandra and Khar Road, Jogeshwari and Mahim Junction, Mira Road and Bhayander, Matunga and Mahim Junction, and Borivli. The prosecution case was of sophisticated explosive RDX being used, of accused being members of terror outfits like SIMI who received training in Pakistan, and of 15 wanted accused, mainly Pakistanis. While the trial court's special MCOCA judge Y D Shinde in 2015 said special public prosecutor Raja Thakare had rightly described the accused as "merchants of death" and Thakare argued that the trial verdict could not be dislodged and the noose be confirmed, the HC noted the prosecution case had unravelled completely. The HC also held that the prosecution failed to prove what kind of explosive was used. It said no importance can be attached to claims of recovery of RDX, circuit boards and detonators, as prosecution failed to prove custody chain before analysis. The dozen men were in prison all along since their arrests in 2006. While one of them died in 2021, the 11 whose appeals were allowed joined on Monday via video-conferencing from prisons across the state, including Pune's Yerawada and prisons in Nashik, Amravati and Nagpur. "Bahut bahut shukriya Sir," said a convict, in white prison uniform with a white topi, on video conference from Yerawada, when defence lawyer Yug Chaudhri, conveyed to them in Hindi that they all stood freed. The HC, in a detailed analysis of the case and evidence on record, said while "prosecution has referred to Al-Qaeda Manual for many things, nothing is brought on record about it." The prosecution case was that wanted accused Azam Cheema alias Babaji, a Pakistani national, and two of the accused given death sentence as planters had conspired since 1999 to wage war against the govt of India and were in touch with Lashkar-e-Taiba (LeT). Conspiracy meetings were held in Bandra and one accused brought six Pakistanis to Mumbai in 2006, ATS had said. HC wondered why no CDRs were brought on record. "The alleged connection of the accused with Azam Cheema and members of LeT could have been established with the help of CDRs," HC said. The HC classified prosecution witnesses in four categories: for identification, eyewitnesses of bomb assembly, of conspiracy, and taxi drivers who allegedly ferried two planters. The court discarded their testimonies as doubtful. For one who claimed to have been to a planter's (A3, an alleged 'jihadist') house where he allegedly saw a few Pakistanis whose names he recalled but did not know what the meeting was for, the HC, doubting his credibility, said that "at the same time, he could not recollect the name of a particular dancer, with whom he had a close relationship for over a month in the same year. " Kamal Ansari, given death sentence by the trial judge, died in 2021. He too stood acquitted by HC. Apart from convicts' appeals, before the HC was the state's reference for death sentence confirmation, as required by law for capital punishment to become executable. Thakare and Avdhoot Chimalkar for the state argued the appeals were fit to be dismissed. The conviction relied primarily on the confessions of 11 accused under the stringent MCOCA Act to nail them. Before HC, an alleged planter Naved Khan, from Nagpur prison, had said he suffered "needlessly for 19 years" and while lives were lost, innocents could not be hanged.
