Will hire top lawyers, innocents shouldn't be punished: Ajit Pawar on 7/11 blast case
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India Today
11 hours ago
- India Today
When terror walks free: 7/11 verdict and crisis of India's criminal justice system
Nearly two decades after the deadly 7/11 Mumbai train blasts, which killed over 180 people and injured more than 800, the Bombay High Court's decision to acquit all 12 convicted accused has sent shockwaves across the country. While judicial independence and the rule of law are the pillars of our democracy, the complete collapse of the criminal justice system in a case of this magnitude raises grave questions—not just legal, but also national September 2015, after a nine-year-long investigation led by the Anti-Terrorism Squad (ATS), a special Maharashtra Control of Organised Crime Act (MCOCA) court convicted 12 of 13 accused in connection with the coordinated bombings. Five were sentenced to death, seven to life imprisonment, and one was acquitted. One of the death-row convicts later died in 2021 in jail due to COVID-19. However, on 21st July 2025, the High Court ruled that the prosecution had 'utterly failed' to prove the charges beyond a reasonable doubt, and acquitted all 12, including the Hurdles Then, Judicial Acquittal NowThe court's observations on the unreliability of eyewitness testimonies, delayed identifications, lack of corroborative material, and doubts over the voluntariness of confessions are rooted in procedural rigour. It is worth noting that the special court found sufficient ground for conviction based on the same evidence. To summarily discard all evidence and confession-based inputs is not only unfair to the victims and the investigation but also potentially dangerous. These were not petty offenders; they were individuals linked to known terrorist organisations. To assume they will peacefully reintegrate into society is nave. On the contrary, there is a very real and chilling possibility that their release could enable them to re-establish ties with militant networks and plot future attacks under the cover of judicial Trust, Empowering TerrorThis verdict impacts more than just victims' families or police credibility; it undermines public trust in the entire criminal justice system. When justice appears denied in major terror cases, people begin to lose faith in due process, leading to calls for media trials or even extrajudicial actions, as seen in the Hyderabad rapists encounter case. This risks pushing India toward a vigilante mindset where emotion overrides judgments also weaken India's global image as a nation tough on terrorism. Actions like the Balakot strikes, Operation Sindoor, and strong declarations such as 'Any act of terror will be considered an act of war' projected strength, but the 7/11 acquittals create an impression, both domestically and abroad, that India remains a 'soft state' on agencies like the ATS and NIA, the outcome is deeply demoralizing. Years of high-risk investigation and sacrifice feel dismissed, potentially deterring future action. At a time of rising global threats, India cannot afford a justice system that weakens morale and signals impunity to its and National Security Must CoexistThis is not an argument for abandoning due process or fair trial, but a call for judicial sensitivity in cases involving national trauma and security threats. A purely procedural lens risks undermining public trust, morale, and the Supreme Court staying the Bombay High Court's acquittal in the 7/11 case on July 24, 2025, it must now re-examine the matter with a security-conscious approach. Mass-casualty terrorism cannot go unpunished, nor can suspects be freed only to rejoin militant acquittals are a wake-up call for systemic reform across investigation, prosecution, and colonial-era criminal justice system, rooted in rigid procedures and outdated evidentiary norms, is ill-equipped for modern terrorism. Terrorists exploit encrypted tools and leave little evidence, yet the system still demands traditional proofs like eyewitnesses years protecting civil liberties remains vital, blind adherence to outdated norms must not compromise justice in high-risk national security Must IntrospectThe recent acquittal compels the judiciary to engage in serious self-reflection. How can two courts, examining the same evidence, arrive at such radically different outcomes—one imposing death sentences, the other granting complete acquittals? This stark divergence raises troubling concerns about the consistency, objectivity and internal coherence of our justice delivery system. Was the evidence so ambiguous that it led to a miscarriage of justice at the trial stage? Or does this contradiction reflect deeper issues, such as subjective judicial interpretation or the sway of elite legal advocacy?The involvement of Dr. S. Muralidhar, former Chief Justice of the Orissa High Court and now Senior Advocate, in representing two terror-accused adds complexity. While fair legal representation is a fundamental right, the participation of a former top judge raises ethical and institutional concerns. His stature could unintentionally influence judicial peers or affect how proceedings are perceived. Even without legal impropriety, such involvement in high-stakes cases calls for regulatory scrutiny toensure judicial processes remain above reproach, both in law and in public perception, especially in matters of national Reforms NeededTo protect India's internal security and ensure justice in terrorism cases, judicial reform and institutional introspection are essential. The criminal justice system comprises of the police, prosecution, and judiciary. While courts often question the competence of investigators and prosecutors, they too must be held accountable, especially in high-stakes terror trials and sensitive criminal investigative agencies like the ATS and state intelligence wings, though rooted in colonial-era policing, have tried to keep pace with changing technology like electronic surveillance, cyber forensics, and multilingual intelligence, the judiciary must now catch up to ensure these technological advances result in effective convictions and timely like the UAPA, MCOCA, and CrPC are evolving to address encrypted data, foreign handlers, and proxy warfare. Yet, judicial delays, inconsistent rulings, and external influences continue to hinder must include specialized training not only for investigators but also for judges and prosecutors in national security law to help balance civil liberties with national interest. Simultaneously strengthening witness protection and forensic protocols is equally crucial. Eyewitnesses mostly succumb to threats even from big criminals, not to mention terrorists having support from our neighbouring country. While the investigative and legal frameworks are adapting, the judiciary must evolve in parallel to preserve coherence, credibility, and integrity in India's fight against isn't about overriding judicial independence, but aligning it with modern security needs. Justice cannot function in isolation, blind to its consequences. The 7/11 acquittals are more than a legal outcome; they test India's institutional the Supreme Court staying the High Court's order, it must now revisit the case not just in legal terms, but in the spirit of national accountability. Can a system that finds no one guilty for Mumbai's deadliest train attack truly claim to have delivered justice?India must ensure its justice system is not only fair and impartial, but alert, modern, and strong enough to face any challenge, including terrorism. The time to introspect is now.(Ashok Kumar is a Retd IPS officer and former DGP of Uttarakhand. He is presently serving as Vice Chancellor of the Sports University of Haryana, Rai, Sonipat, Haryana.)- Ends(Views expressed in this opinion piece are those of the author)Must Watch
The Wire
15 hours ago
- The Wire
'When I Got Home, We Just Cried': A Muslim Man's Journey From the Phansi Yard to Acquittal
Communalism Sukanya Shantha 42-year-old Ehtesham Qutubuddin, who was a death row convict for nearly a decade before being acquitted by the Bombay high court earlier this month, reflects on time in prison. Illustration: Pariplab Chakraborty A tiny 80-square-feet room, fitted inside a compact V-shaped enclosure known as the phansi yard (gallows yard) of Nagpur Central Prison, served as 'home' for 42-year-old Ehtesham Qutubuddin Siddiqui for nearly a decade. In 2015, soon after a special Maharashtra Control of Organised Crime Act (MCOCA) court sentenced 12 individuals – five men, including Siddiqui, to death, and the remaining seven to life imprisonment – in the 2006 Mumbai serial train blasts case, he was transferred to Nagpur jail. All 12 men were acquitted by the Bombay high court on July 21 and subsequently released from prison. Siddiqui describes his decade-long solitary confinement as a place that made him feel 'safe.' 'In the existing political atmosphere, especially as Muslim men convicted on terror charges, this isolation was the only way we could have stayed safe in jail,' he feels. An incarceration spanning two decades Reflecting on his two decades of incarceration – nine years as an undertrial prisoner in Mumbai and then as a death row convict in Nagpur – Siddiqui says that while the trial took nearly a decade, the transition from undertrial to death row prisoner was 'quite sudden.' 'One minute, we were jostling for space in the overcrowded prison barracks in Mumbai (until the lower court's verdict), and suddenly, we were thrown into solitary confinement. It was a very small room but it was still ours. It had an attached bathroom, a ceiling fan and a tubelight,' he says, describing the prison room. Solitary confinement in India is unconstitutional. Even for death row convicts, it is permissible only after their mercy petition is rejected by the President of India. In the serial train blasts case, the death penalty had not yet been confirmed by the High Court but they were still subjected to solitary confinement. 'But none of this really matters. It's a common practice. The moment a person is given a death sentence, the prison authorities transfer them into the phansi yard,' Siddiqui says, as he recalls the names of many death row convicts housed in the 30 tiny solitary cells near his. Illustration: Pariplab Chakraborty 'Many lacked proper legal representation and were simply abandoned here after the trial court imposed a death sentence. They would arrive here horrified, thinking this was where they would be hanged the very moment they reached there.' It became almost a duty of other death row convicts like Siddiqui to explain legal procedures, offer advice, and calm newcomers in the phansi yard. Siddiqui says he saw many come and go over those ten years. 'Almost all were eventually acquitted in their appeals before higher courts,' he points out. Siddiqui's observation is in sync with different studies on the Indian judicial system and capital punishment. The Death Penalty reports that the NLU- Delhi's Project 39A (now renamed as The Square Circle Clinic after it shifted its base to NALSAR University of Law, Hyderabad), a criminal justice research and legal aid programme released every year has long established the pattern of death penalties getting either commuted to life or lesser punishment or in many cases, simply ending up in acquittals. Siddiqui recalls his interactions with five men from the Shinde family, who were sentenced to death by a trial court in a rape and murder case, only to be later acquitted by the Supreme Court. The Shindes, from a Nomadic Tribal community, endured 16 years of incarceration, 13 as death row convicts. 'They would keep asking me what I thought of their case, and I would keep reassuring them they'd be out soon. That simple fact made them so happy.' The Shindes were acquitted in 2019 following a strongly worded Supreme Court judgment. Among them, Ankush Maruti Shinde, was only 17, a minor, at the time of his arrest. Experienced sustained physical torture Siddiqui says the hope that their innocence would eventually be proven kept them going. 'We too survived prison life on that one hope. After all, how long could justice evade us?' he asks. Siddiqui experienced both extremes of prison life: sustained physical torture in Mumbai's Arthur Road Jail (complaints about which led to the transfer of the then-jail superintendent, Swati Sathe) and a relatively calmer existence with better food and living conditions in Nagpur. 'I'm not romanticising prison life, but Nagpur's prison was certainly a lot better. Which also means prisons can be made liveable if one wished,' he says. But his co-defendant Kamal Ansari's death during the second wave of the COVID-19 outbreak in 2021 shook him. 'Everyone around us was falling sick. Kamal fell sick and was moved to the hospital ward. He never returned.' Siddiqui says most of the men implicated in the case were unknown to him at the time of arrest. 'But as circumstances brought us together, we eventually became each others' support system,' he adds. The police and jail officials, he claims, tried hard to turn them against each other. 'And the frustration does eventually get to you. So, each time we reached a point of anger or frustration against each other, we would simply stop talking. That helped us cool off, and rework on our relationship,' he shares. Ehtesham Qutubuddin Siddiqui with his father at their family house in Jaunpur. Photo: By arrangement In Nagpur, Siddiqui had no trouble accessing writing materials. So he wrote extensively. His book, Horror Saga, which details his prison life and the botched up trial, was published last year. He has a manuscript ready for his next book. He has also translated several others while incarcerated. How did he access books and research materials in jail? 'I deviced a unique method,' he says, with a sense of pride. Siddiqui filed nearly 6,000 Right to Information (RTI) applications over two decades, primarily to gather evidence against the investigating agency, which helped debunk the police's case, and also to access books published by the government press. Earned over 20 degrees while in prison A college dropout at the time of his arrest, Siddiqui has since earned over 20 degrees, including several Master's, Bachelor's, and Diplomas. In 2001, while in his third year of a Chemical Engineering program, he was arrested for a few days for alleged involvement with the Students Islamic Movement of India (SIMI), an organisation banned that year, leading to the overnight criminalisation of many men from the Muslim community. Since then, Siddiqui says he tried several times to complete his education and earn a formal degree, but it didn't happen. 'So, in jail, I made full use of the time to gain as many degrees as I could,' he shares. As strange as it may sound, among the first undergraduate degrees that Siddiqui enrolled himself was Tourism. 'I wanted to keep my brain stimulated somehow and not let the incarceration consume me. So, I went on this rage of enrolling myself for every opportunity that was made available,' he recalls. He knew how to read Urdu, Arabic but didn't possess a formal degree. 'So, I got one while in jail.' Siddiqui, who worked as a Desktop Publishing (DTP) operator as a local publishing house in Mumbai, now holds an MBA degree, master's degrees in English Literature, Sociology, Marketing, and Financial Management, and diplomas in Nutrition and Mass Communication, among others. He is in the final semester of a three-year law degree. Illustration: Pariplab Chakraborty If not studying, Siddiqui would take care of the small garden outside the barrack. 'Those plants were the only pretty thing to look at,' Siddiqui laughs. The prison rules don't allow assignment of any work to a death row convict. Which means, even though Siddiqui worked, he was not paid for his labour. According to the Maharashtra state's revised prison rules, a convicted prisoner is paid up to Rs. 65 per day, although a paltry sum and much lower than the minimum wages standards, yet some money that most incarcerated people look forward to to lead a dignified life in jail or to take back home at the end of their jail term. Having spent nearly two decades in different prisons of Maharashtra, Siddiqui says the level of surveillance is 'simply unnerving' now. 'You will find hundreds of cameras loom overhead. Even a slight movement for exercise inside your barrack is instantly tracked, and jail officials confront you with a barrage of questions,' he says." Surveillance doesn't stop here. Abdul Wahid Shaikh, one of 13 arrested in this case and acquitted in 2015, and several other terror accused have had to install multiple CCTVs inside and outside their homes to simply shield themselves from police harassment. 'Since release, every experience feels new' On July 21, when the high court acquitted the 12 men, their release orders were immediately executed – an unusual move. In many cases, even after the court order reaches jail authorities, releases are delayed, just to allow the state to file an appeal in the higher court. 'Maybe they just wanted us out. The Solicitor General of India, Tushar Mehta, stating before the Supreme Court that the state no longer wanted us in jail is quite telling,' Siddiqui points out. Since his release, every experience feels 'new,' Siddiqui says. He and his co-defendant, Shaikh Mohammed Ali Alam Shaikh, boarded a flight from Nagpur to Mumbai. ' Hairaan kar diya Mohammed Ali ne (Mohammed Ali exhausted me),' he laughingly shares, as he narrates the experience of tasting freedom for the first time in two decades. 'He was so excited he simply couldn't stop talking. I worried his chatter would draw attention. I told him, ' Bhai, agle ek ghanta shaant rehna (Brother, stay calm for the next hour)." At Mumbai airport, they were met by a media frenzy. 'We didn't know how to handle this sudden attention; the last time we experienced anything like this was two decades ago at the time of our arrest,' Siddiqui says. In Mumbai, they had the chance to take a train to reach the Jamiat Ulema-i-Hind (an organisation that provided legal aid to the men all along) office but chose not to. When asked why, Siddiqui pauses but says nothing. At the time of his arrest, Siddiqui lived in Mira Road, but he now stays with his family in Younuspur, Jaunpur district, Uttar Pradesh, where his parents, four siblings, and, most importantly, his wife, Sabina, reside. Siddiqui and Sabina were married for less than a year at the time of his arrest in 2006. Siddiqui was only 23 at the time of his arrest, Sabina even younger. 'She stood by me, and my parents cared for her as their own' 'In those 19 years, I must have told her many times this could be an endless wait and that I wouldn't hold it against her if she sought a divorce. But she was steadfast. She stood by me, and my parents cared for her as their own,' Siddiqui says. He calls Sabina the 'real hero' of his story. 'Her resilience and trust in me was so deep.I can't express my gratitude enough,' he tells The Wire. Returning to Younuspur was an emotional homecoming. 'When I got home, we just cried. We barely talked; we just cried for many hours.' Relatives and well-wishers have been visiting non-stop. 'I don't recall most faces, but it would be rude to say so, so I simply nod. When I was behind bars, these individuals offered support and solidarity to my family. Now they are here again to celebrate my freedom. It's all too surreal,' he says. Siddiqui might have returned with close to two dozen degrees, but the future still looks 'uncertain,' he admits. 'Finding a job might not be possible. Maybe I will consider pursuing a legal profession,' he thinks aloud. But for now, he says he wants to just return to writing those many stories he has. 'The ones I've safely kept locked inside me for so many years.' The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.
Indian Express
21 hours ago
- Indian Express
The end of an error
The Bombay High Court acquitted all 12 accused in the 7/11 Mumbai train blasts case from 2006, when bombs ripped through the Western Suburban Railway, killing 189 people and injuring 800 others. A special bench of Justices Anil S Kilor and Shyam C Chandak observed that the prosecution 'utterly failed' to prove their case. Their convictions were quashed and set aside. More embarrassingly for the Maharashtra Anti-Terrorism Squad, the court was scathing about the lapses in the investigation, noting, 'Creating a false appearance of having solved a case by presenting that the accused have been brought to justice gives a misleading sense of resolution.' To put a time frame in perspective, one of the falsely accused in the Mumbai train blasts case was arrested when his daughter was six months old. He's been released when she's in college. Meanwhile, the actual perpetrators of this terrorist act roam free. The families of the victims must endure the frustration of being denied closure, yet again. This was a high-profile case with intense media scrutiny and public pressure. One naively believes the authorities would leave nothing to chance while zeroing in on the culprits. Which is what makes it so much more frightening that despite all that focussed attention, the wrong people were incarcerated. It sends shivers down one's spine to think how justice is arrived at in less important matters in India — and how many people may be languishing in jails for crimes they didn't commit. Some situations are too tragic to fully comprehend, but it's clear these men have been through a surreal, never-ending nightmare that's harder to process, because it's the state that's inflicted the damage. Their free-falling ordeal is eerily reminiscent of Franz Kafka's 1925 masterpiece The Trial, where a man stands accused of a crime he can't recollect and whose nature is never revealed to him. Unlike Kafka's ill-fated protagonist who's executed in an abandoned quarry, these men have survived, but it's not like life is going to be all peaches and cream going forward. Much like the terrorising bureaucracy in The Trial that wields absolute power over the condemned individual, these exonerated men have been dehumanised. Being marked in public memory means they'll be tested, over and over again. Labels like 'terrorist' are tough to shake off. Resurrecting an identity and career, catching up on the changes in the world in two decades, presents considerable challenges. Criminal justice failures capture our imaginations because they speak so profoundly to the human condition, to fundamental questions about punishment, ambition and ethics. Throughout history, in mythology and in reality, there have been people who couldn't get a fair trial. Think of Joseph in the Old Testament and Jesus in the New. Believers make sense of a bad hand by dividing the Universe into halves of heaven and hell. Contemplating karmic retribution and ancient Biblical proverbs, that declare a day of Judgment when an all-knowing God will prevail, is one way of finding solace in a confusingly unjust world. Then there are those who imagine the Universe has a third layer, earth, that contains elements of both, beauty and terror. Injustice is a recurring theme in philosophical inquiry and art-form. The beautifully executed The Shawshank Redemption (1994) explores what it takes to keep hope alive when faced with a murder rap. The iconic line, Get busy living or get busy dying reflects stoicism; when life is spiralling out of control, all we can do is control our reaction to it. There are no satisfying answers to why so many innocent people are tossed around by twists in destiny. It's a sobering thought that everybody's more vulnerable when a morally bankrupt government is in charge. The writer is director, Hutkay Films
