नवीनतम
Mumbai train blasts case: SC stays HC judgement
NEW DELHI [Maha Media]: The Supreme Court on Thursday put on hold the Bombay High Court judgement, acquitting all 12 convicts in the 2006 Mumbai train blasts case. However, the accused will not return to jail.
The matter came up for hearing before a bench comprising Justices M M Sundresh and N Kotiswar Singh. Solicitor General Tushar Mehta, representing the Maharashtra government, contended before the bench that the appeal was filed against the order of acquittal and clarified that he is not challenging the release of the accused.
"I am seeking stay of the order not to bring them back to jail…there are certain findings of law given by the high court, which would be affecting all Maharashtra Control of Organised Crime Act (MCOCA) trials, which are going on. Lordship may say that judgement is stayed but not their release….”, said Mehta.
The bench said it has been informed that all the respondents have been released and there is no question of bringing them back to jail. “On the question of law, we are inclined to say that the impugned judgement should not be treated as a precedent in any other pending case…”, said the bench. Mehta requested the bench to stay the high court judgement, as it can be read. “There will be a stay on the impugned judgement…”, said the bench, in its order.
The Bombay High Court on Monday overturned the conviction of 12 persons, including the four death row convicts, in the 2006 Mumbai train blasts case and acquitted them, noting the prosecution had "utterly failed" to prove the case against them.
The Monday judgement authored by a special bench of Justices Anil Kilor and Shyam Chandak comes 19 years after the terror attack that shook the city's Western line of the local train network.
Seven blasts resulted in the killing of over 180 people and leaving several others injured on July 11, 2006. The bench said the evidence relied on by the prosecution was not conclusive to convict the accused persons.
The high court set aside the special MCOCA court's order handing death sentence to five and life term to seven accused. The high court expressed doubts regarding the confessional statements of the accused and the testimony of witnesses, and it was not convinced by the probe into the matter.
"The prosecution has utterly failed to prove the case against the accused. It is hard to believe that the accused committed the crime. Hence, their conviction is quashed and set aside," the HC said.
The bench said the prosecution has failed to even bring on record the type of bombs used in the crime and that the evidence relied on by it was not conclusive to convict the accused persons. The witness statements and alleged recoveries made from the accused have no evidentiary value, as per the HC order that quashed the conviction.
"The prosecution has failed to even bring on record the type of bombs used in the alleged crime. Hence, the evidence of recovery is not sufficient to prove the offence against the accused," it said.
