The accused persons in the July 11, 2006, local train blasts case have been languishing in jail for the past 18 years despite being innocent, a senior counsel submitted to the Bombay High Court on Monday.
The senior counsel urged the high court to acquit the convicts and set aside their convictions.Arguing before a special bench of Justices Anil Kilor and Shyam Chandak, senior advocate S Muralidhar, representing two of the convicts sentenced to life imprisonment, alleged a ”pattern” wherein investigating agencies show ”communal bias” while probing terror-related cases.The bench has been hearing appeals pertaining to the blasts case for the past five months and conducting day-to-day hearings.
Seven blasts ripped through Mumbai local trains at various locations on the western line, killing over 180 persons and injuring several others on July 11, 2006.In September 2015, the trial court convicted 12 accused, awarding capital punishment to five of them and life imprisonment to seven others.The Maharashtra government subsequently filed an appeal in the high court seeking confirmation of the death penalty, a mandatory legal requirement.The convicts also filed appeals challenging their conviction and sentences.
”There is a bias in the investigation. Innocent people are sent to jail, and years later they are released for want of evidence. Which means there is no possibility for reconstruction of their lives,” Muralidhar submitted before the special bench.He alleged that the investigating agency, the State Anti-Terrorism Squad (ATS), acquired confessional statements from the accused through torture.”For 18 years, these accused are in jail. They have not stepped out even for a day since then. The majority part of their prime life is gone,” Muralidhar said.
He further argued that in cases involving public outcry, the investigating agency conducts an investigation assuming that the accused are guilty.The senior counsel claimed a history of failure of investigations related to terror cases.”In many such terror-related cases, investigating agencies have failed us miserably. First of all, we have lost so many lives and then innocents are arrested.
And then after years, the accused are acquitted and then no one gets closure,” Muralidhar argued.He said the court has to set things right in the present matter and urged it to acquit the accused and set aside their conviction.The senior counsel will continue his arguments on Tuesday.Once the defence counsels have completed their arguments, special public prosecutor Raja Thakare will start his arguments for prosecution.
Since 2015, the pleas pertaining to the 7/11 blasts case have not been taken up even after the matter came up for hearing before 11 different benches.In 2024, Etheshaam Siddiqui, who was handed the death penalty, filed an application in the HC seeking its intervention, expeditious hearing, and disposal of the appeals.
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