Indian Supreme Court stays Bombay HC ruling to acquit 2006 Mumbai train blasts accused

The Supreme Court of India on Tuesday (Jul 24) stayed the Bombay High Court’s ruling acquitting all 12 accused in the 7/11 Mumbai train blasts case of 2006. The top court issued the order after Solicitor General of India Tushar Mehta told the bench of Justice MM Sundresh and Justice NK Singh that the verdict could adversely impact trials under the Maharashtra Control of Organised Crime Act (MCOCA).

The top court noted that it was not staying the release of the 12 accused, who have already walked free earlier this week. The court also sent notices to all accused, seeking their replies on the state’s appeal.

“We are inclined to hold that the impugned judgment shall not be treated as a precedent. Therefore, there will be a stay of the impugned judgment,” the court said in its brief order.

Appearing for the Maharashtra government, Mehta urged that the court stay the effect of the high court verdict, not on the ground of opposing the release of the acquitted, but because certain observations by the high court may affect other pending trials of MCOCA. The bench accepted the contention, saying that the high court verdict shall not carry precedential value until further orders.

This comes as the Maharashtra government filed an appeal, challenging the July 21 judgement by the Bombay High Court. The order overturned the convictions of 12 men by a MCOCA special court in 2015. Five of the accused were sentenced death penalty, while others were awarded life imprisonment.

The high court had ruled that the prosecution “utterly failed to establish the offence beyond reasonable doubt.” It added that the investigation had lapses in procedures, unreliable evidence, and violated of the constitutional rights of the accused.

One of the biggest terror attacks in Indian history, 188 people were killed while 829 were injured after seven blasts in Mumbai’s crowded local trains. The bombs were planted in pressure cookers and exploded within six minutes. The Anti-Terrorism Squad (ATS) determined that the attacks were carried out by the former members of the banned Students’ Islamic Movement of India (SIMI) with the aid of the Pakistan-based Lashkar-e-Taiba (LeT).