The
Supreme Court on Thursday stayed the Bombay High Court order that had acquitted
all 12 people convicted in the 2006 Mumbai train bombings. A two-judge Bench of
Justices MM Sundresh and N Kotiswar Singh issued notices to the acquitted
individuals, asking them to respond to the Maharashtra government’s appeal
challenging the High Court verdict.
Appearing
for the Maharashtra government, Solicitor General Tushar Mehta clarified that
the state was not seeking to send the released individuals back to prison.
However, he asked the apex court to stay the High Court's judgment, noting that
certain legal observations in the ruling could affect other cases under the
Maharashtra Control of Organised Crime Act (MCOCA).
“Your
lordships may consider saying, the judgment is stayed, however, they will not
be required to come back to the prison,” Mehta said..
In
its order, the Bench said, “We have been informed that all the respondents have
been released and there is no question of bringing them back to the prison.
However, taking note of the submission made by the SG on the question of law,
we are inclined to hold that the impugned judgment shall not be treated as a
precedent. To that extent, there is a stay of the impugned judgment.”
On
Monday, a special Bench of Justices Anil Kilor and Shyam Chandak of the Bombay
High Court acquitted all 12 convicts. The court said the prosecution failed to
prove their case and that it was “hard to believe the accused committed the
crime".
“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 High Court
said in its ruling.
The
case was investigated by the Maharashtra Anti-Terrorism Squad (ATS).
The prosecution had
alleged that all 12 men were members of the banned group Students’ Islamic
Movement of India (SIMI). The High Court overturned the convictions of both
death row and life convicts.
On
July 11, 2006, seven powerful bombs exploded on Mumbai’s suburban train network
during evening rush hour. The attacks killed 189 people and injured more than
820. The blasts occurred at various locations, including Matunga, Bandra,
Borivali, and Mira Road.