7/11 local train blasts case convicts innocent, are languishing in jail for 18 years: HC told

PTI, Jan 13, 2025, 8:05 PM IST

Mumbai: Those convicted in the July 11, 2006 suburban 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.

Senior counsel S Muralidhar, former Chief Justice of the Orissa High Court, urged Bombay HC to acquit them.

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.

Arguing before a special bench of Justices Anil Kilor and Shyam Chandak, senior advocate 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 is hearing appeals pertaining to the blasts case for the past five months and has been conducting day-to-day hearings.

“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 Maharashtra 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.

The senior counsel urged the bench to take into consideration the “stigma” that the accused and their family members will have to face all their lives.

“It’s not just the accused but even his children, parents and relatives who get tainted. And once tainted, this society is too cruel to them. No one will treat them properly,” he submitted.

He further argued that in cases involving public outcry, the probe 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 after years, the accused are acquitted and 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.

Muralidhar further argued that in India, especially in states like Maharashtra and Orissa, the judiciary at the magistrate court level is overloaded with cases.

“Many times, a magistrate does not even look up to the see the face of the accused who is produced. In such situations, how will an accused, with the police standing behind him, complain about the torture in custody. In India, custodial torture is nothing new,” the senior counsel said.

Muralidhar will continue his arguments on Tuesday.

Once the defence counsels have completed their arguments, special public prosecutor Raja Thakare will start his arguments.

Since 2015, the pleas pertaining to the 7/11 blasts case had 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 as well as disposal of the appeals.