A special bench of Justices Anil Kilor and Shyam Chandak of the Bombay High Court began hearing death confirmation pleas and appeals from various accused in the Mumbai train serial blast case.
Mumbai, Maharashtra: On Monday (15th July): A special bench of Justices Anil Kilor and Shyam Chandak of the Bombay High Court began hearing death confirmation pleas and appeals from various accused in the Mumbai train serial blast case. Special public prosecutor Raja Thakare presented a summary of the case.
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The bench ordered that the accused, detained in different prisons across Maharashtra, be virtually present during the daily morning hearings.
Advocate Payoshi Roy, representing some accused, mentioned an application for in-person attendance due to the extensive documents involved. However, Roy chose not to press this application for now, provided the accused could connect online.
Three lawyers from Delhi faced technical difficulties trying to join the virtual court on Monday.
Documents related to the case, amassed before the court, will be reviewed over the six-month hearing period.
Thakare recounted the six minutes of terror during the 2006 blasts, describing the horrific scene with limbs and body parts scattered and the high-intensity explosions causing train sides to blow up. The blasts resulted in 189 deaths and 827 injuries. Seven cases were initially registered with local railway police, but the cases were transferred to the Anti-Terrorism Squad (ATS) due to their severity.
Thakare described the six minutes of terror that struck the city in 2006, saying,
“Limbs and body parts were scattered, and blood was everywhere at the incident spots. Bags and luggage of passengers were strewn around. The blast intensity was so high that the sides of trains blew up. Among the injured were people in passing trains and passengers waiting on platforms. Out of panic, people jumped and lost their lives.”
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Thakare reported that soon after the seven blasts in 2006, which resulted in 189 deaths and 827 injuries, seven separate cases were registered with the local railway police. Due to the severity of the offence, the state transferred the cases to the Anti-Terrorism Squad (ATS) in July 2006.
Thirteen accused were arrested, with the prosecution listing 15 people as wanted, most of them Pakistani nationals. According to the prosecution, one accused died while planting a bomb, and another was shot dead in an encounter at Antop Hill.
Later, the Maharashtra Control of Organised Crime Act (MCOCA) and the Unlawful Activities (Prevention) Act (UAPA) were invoked, and a chargesheet was filed on November 30, 2006, against all accused.
Thirteen accused were arrested, and 15 were marked as wanted, mostly Pakistani nationals. The Maharashtra Control of Organised Crime Act (MCOCA) and the Unlawful Activities (Prevention) Act (UAPA) were later invoked, with a chargesheet filed on November 30, 2006.
Thakare summarized that six witnesses provided direct evidence, stating the accused were members of the banned organization SIMI. Three witnesses testified to the conspiracy, and eight witnesses confirmed clandestine travel to Pakistan. There were also witnesses to foreign funding and discoveries in the accused’s homes, totaling 192 prosecution witnesses, 51 defense witnesses, and two court witnesses.
Roy argued that the accused were innocent, claiming a gross miscarriage of justice and fabrication of evidence. She pointed out that the accused were detained for 60 to 70 days without confessions until MCOCA was applied. Roy also highlighted that the Indian Mujahideen (IM) had taken responsibility for the blasts.
The bench assured consideration of all aspects and continued the hearing on Tuesday. After an eight-year trial, 12 out of the 13 accused were convicted, with five receiving death sentences in 2015, and the rest receiving life imprisonment. The state seeks confirmation of the death sentences, while the 11 convicted have challenged their sentences. The high court hearings are expected to last six months.
Thakare summarized the case, stating there were six witnesses whose evidence could be considered direct.
“The accused were members of the banned organization SIMI, and there were three witnesses to the conspiracy. Some of the accused had clandestinely traveled to Pakistan through Iran; there are eight witnesses on this issue. There was foreign funding involved in this terror act, with five witnesses on that topic. Additionally, there were nine witnesses regarding discoveries in the houses of the accused,”
Thakare submitted.
In total, there were 192 prosecution witnesses, 51 defense witnesses, and two court witnesses.
Thakare added,
“As in the Kasab (26/11 Mumbai attack trial) and German Bakery cases, it was impossible to get all injured witnesses to court, so 252 witness statements via affidavits were relied upon. Unfortunately, there was total non-cooperation from the accused, with hundreds of RTI applications produced in court.”
Roy argued that the defense claimed the accused were innocent, alleging a gross miscarriage of justice and fabrication of evidence. She stated that the accused were arrested soon after the blast and kept in police custody for 60 to 70 days, much longer than allowed, without any confessions until MCOCA was applied.
Roy further pointed out that the Mumbai crime branch had investigated a case around the same time involving the Indian Mujahideen (IM), which had taken responsibility for the Mumbai train blast.
After hearing Roy, the bench stated,
“We will consider everything,” and continued the hearing on Tuesday.