As the 18th anniversary of the 7/11 Mumbai train blasts nears, the Bombay High Court has pledged to schedule hearings for the convicts’ appeals, ending years of delay and legal disputes. The extensive hearings, anticipated to span up to six months with daily sessions, aim to address prolonged uncertainty for the convicts.
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MUMBAI: As the 18th anniversary of the devastating 7/11 Mumbai train blasts approaches, the Bombay High Court has assured that it will soon set a date to hear the appeals of the convicts. This assurance comes after years of delays and legal wrangling, leaving the convicts in a prolonged state of uncertainty. The hearing, expected to be extensive, could take up to six months if conducted daily.
Background of the 7/11 Mumbai Train Blasts
On July 11, 2006, seven bombs exploded in rapid succession on Mumbai’s local trains during the evening rush hour, resulting in the deaths of 189 commuters and injuring over 824 others. The bombings were a coordinated attack, targeting the city’s busy Western Railway line. The blasts occurred within a span of just 15 minutes, spreading terror and chaos across the city.
The Maharashtra Anti-Terrorism Squad (ATS) arrested 13 members of the Indian Mujahideen in connection with the attacks. The trial began in September 2015, and after an arduous process, a special court under the Maharashtra Control of Organised Crimes Act (MCOCA) awarded death penalties to five individuals—Ehtesham Siddiqui, Asif Khan, Faisal Shaikh, Naveed Khan, and Kamal Ansari. Additionally, seven others were sentenced to life imprisonment for their roles in supporting the attacks.
The confirmation of death sentences by a trial court necessitates approval from the High Court. In 2015, the state government filed appeals for the confirmation of these death sentences. Concurrently, the convicts also filed appeals challenging their convictions and sentences. Despite this, the Bombay High Court has yet to commence these hearings, which have been repeatedly delayed over the years.
Since the filing of the appeals, the case has moved through nine different benches without a hearing. In January 2022, a bench comprising Justices Sadhna Jadhav and PK Chavan recused themselves, followed by another bench in August 2022. The case has since been awaiting reassignment.
Ehtesham Siddiqui, one of the convicts, recently moved the High Court through his lawyer Yug Mohit Chaudhry, highlighting the prolonged delay and urging for an expedited hearing. Chaudhry emphasized the “acute case” of injustice, noting that the convicts have been incarcerated for 18 years without a resolution to their appeals.
He stated-
“Certain dates hold significance: they were arrested in 2006, convicted in 2015, and these are the longest pending death sentence confirmation petitions before this court.”
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Chaudhry pointed out that the extensive documentation and numerous witnesses involved have contributed to the delays. The case includes testimonies from 192 prosecution witnesses and 51 defense witnesses, with the evidence compiled in 190 large volumes of documents.
Special public prosecutor Raja Thakare echoed the sentiment, explaining that both prosecution and defense teams would need to re-examine the vast amount of evidence before the High Court can proceed with the appeals.
A bench comprising Justices Bharti Dangre and Manjusha Deshpande emphasized the need for expedited proceedings.
“We shouldn’t be discouraged by the large volume of documents, but we do need an estimate of how long the hearing will take to conclude. We recognize that 18 years is a considerable period.”
– remarked the bench, underscoring the prolonged legal process.
The bench directed Mohit Chaudhry and special public prosecutor Raja Chaudhry to collaborate on determining a feasible timeline for concluding the hearings.
Mohit Chaudhry assured the bench, stating-
“The assessment has already been made. If the bench dedicates every afternoon solely to hearing the train blast appeals, it would take six months to conclude the proceedings.”
Upon hearing this, the bench exclaimed “six months” and committed to making a decision within the week.
The urgency arises from Siddique’s repeated applications for early hearing since 2022. Initially, a bench had commenced the appeals’ hearings, but due to judicial transfers, the petitions were reassigned to another bench in Nagpur.
Mohit Chaudhry highlighted a poignant aspect of the case, noting that one convict, Kamal Ahmed Ansari, had passed away in prison awaiting his appeal hearing. Others similarly await justice, including the state’s confirmation of death sentences.
On July 11, 2006, a series of devastating blasts rocked Mumbai’s Western Railway line, targeting local trains during peak hours. The first explosion occurred on a Churchgate-bound train between Khar and Santacruz, followed by another blast on a Bandra-Khar train. Subsequent explosions occurred at Jogeshwari, Mahim, Mira Road-Bhayandar, Matunga-Mahim, and Borivali stations within a span of 11 minutes.
The coordinated attacks claimed 189 lives and left over 800 injured, marking one of the deadliest terrorist incidents in Mumbai’s history.
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After an exhaustive trial lasting eight years, 12 out of 13 accused were convicted. The Special Court, under the Maharashtra Control of Organised Crimes Act (MCOCA), handed down death sentences to five of the convicts in 2015. The remaining accused received life imprisonment.
