
Terror of omissions
Bombay HC's acquittal of the 12 men convicted (seven on life-term, five on death row) for the 11/7 train blasts is deeply worrying given what judges have revealed about the shoddy investigation and prosecution's negligence. HC said prosecution had 'utterly failed to prove the case' beyond reasonable doubt. That such 'deceptive closure undermines public trust while the true threat remains at large.' Trial court's conviction was junked on several points that included 1) confessions were a product of torture, 2) it was 'very odd' that witnesses identified the accused after four years, 3) witnesses were 'stock witnesses', rolled out frequently, 4) it took three months before one witness claimed to have seen bombs 'assembled', 5) prosecution's evidence was simply 'not safe' to base convictions on.
If this is the state of investigation into one of the worst terror attacks India has suffered, one shudders to think what many routine probes entail. In the July 2006 synchronised blasts on seven suburban trains in Mumbai within minutes during evening rush-hour, over 800 had been hurt, and 187 killed. Anti-terror cops charged the accused under the harsh state law MCOCA and stringent anti-terror law UAPA in Nov 2006. In 2015, a special court convicted all 12. The convicts' appeals have been pending in Bombay HC since 2015; Maharashtra state asked HC to confirm the sentences. HC acquitted all after regular hearings for six months since July 2024.
The last few years have seen a marked uptick in prisoners going from death row to acquittal. Higher courts and Supreme Court are routinely expressing dismay at sloppy investigation, where police and prosecution's sole aim is to 'pretend' a case is solved. The 11/7 case is among the most significant of such cases – there was no application of mind by police, prosecution or the trial court. In Feb 2022, an analysis by The Print showed that in the previous year, six HCs had acquitted 30 convicts sentenced to death by lower courts. In each, HCs had rebuked investigators for false evidence, missing forensic samples, corruption, 'manufactured FIRs', coached witnesses, and pulled up prosecutors for even 'hiding evidence'. Yesterday's acquittals are a loud wake-up call. Cops and trial court judges must give their full and serious attention.
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This piece appeared as an editorial opinion in the print edition of The Times of India.

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News18
28 minutes ago
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Special courts, meant to fast-track serious crime trials, often share space with regular courts, creating backlogs. The Vidhi report points out that even high-profile cases under UAPA or MCOCA languish for years due to overburdened dockets and limited resources. The Mumbai train blasts case, for instance, took nearly two decades to reach a final verdict—long enough for evidence to degrade and witness recollections to fade. Laws like UAPA permit prolonged pre-charge detention—up to 180 days, compared to 24 hours under the Criminal Procedure Code. Agencies sometimes detain suspects without building strong cases, assuming that the legal process itself serves as punishment. But once cases reach higher courts, judges scrutinise them more rigorously, often leading to acquittals, as seen in the Mumbai case. Better agency coordination and court infrastructure are key to reducing delays and improving outcomes. Judicial scepticism and the misuse of stringent laws The country has stringent laws—like the now-defunct TADA, repealed POTA, UAPA, and Maharashtra's MCOCA—to empower law enforcement against terror and organised crime. But when misapplied, they often lead to prosecution failures. In the Mumbai case, the prosecution leaned heavily on MCOCA, but the High Court found the supporting evidence too weak, resulting in acquittals. The Vidhi report highlights that POTA Review Committees found no prima facie evidence in 1,006 out of 1,529 cases by 2005—indicating misuse. Under Section 43D(5) of UAPA, bail is denied if courts see any reasonable ground for guilt. This leads to prolonged detentions without trial. However, higher courts remain wary of overreach. For example, in the 2007 Mecca Masjid blast case, all 39 accused were acquitted due to a lack of evidence beyond coerced confessions. 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The controversial National Counter Terrorism Centre (NCTC) proposal failed after 14 states opposed it, citing threats to federal autonomy. Similarly, Gujarat's 2015 GCTOC Bill was delayed due to a lack of Presidential assent, stalling state-level efforts. Political alignments can also shape outcomes. The 2G spectrum case offers a telling example. On December 21, 2017, a special CBI court in New Delhi acquitted all accused—including A Raja and K. Kanimozhi—calling the case baseless. The court noted that despite one and a half years of waiting, the CBI failed to bring in evidence or witnesses. Judge OP Saini expressed frustration, saying the agency 'couldn't care less". This came at a time when the DMK appeared poised for a resurgence after J Jayalalithaa's death, while the BJP, with actor Rajinikanth hesitating to join politics, seemed to seek renewed ties with M Karunanidhi—its one-time ally during the Vajpayee era. 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To fix this, the nation must invest in the training and independence of public prosecutors. Only then can they counter the skill and strategy of top defence lawyers. Road ahead: Reforming the system The acquittal of all 12 accused in the Mumbai train blasts case is not just a legal outcome—it is a mirror to our broken criminal justice system. Evidentiary lapses, systemic delays, misuse of harsh laws, political meddling, and lopsided legal representation all contribute to failed prosecutions. These failures cut across terror cases, corruption scandals, and violent crimes, leaving victims without closure and eroding public faith in the system. Reforms are urgent. Investigative agencies need better training. Witness protection laws must be enacted. Court infrastructure must expand to reduce backlogs. Political interference must be checked by preserving institutional autonomy. And prosecution teams must be strengthened to ensure fair competition in the courtroom. top videos View all Justice in India cannot remain hostage to inefficiencies and influence. A legal system that upholds fairness, efficiency, and accountability is the only way to deliver justice—and restore faith that those behind mass killings, like the Mumbai train blasts, will face the consequences of their crimes. The author is a senior journalist and writer. Views expressed in the above piece are personal and solely those of the author. They do not necessarily reflect News18's views. tags : Bombay High Court judiciary justice Mumbai train blasts view comments Location : New Delhi, India, India First Published: July 22, 2025, 18:45 IST News opinion Opinion | Mumbai Blasts To 2G Scam: Challenges That Explain Prosecution Failures In Criminal Cases Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. 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The Hindu
an hour ago
- The Hindu
7/11 train bomb blasts case: Acquitted man demands re-investigation through SIT
Abdul Wahid Shaikh, the sole person to be acquitted by the special court in 2015 in the Mumbai train bomb blasts case, on Tuesday (July 22, 2025), demanded the formation of an SIT headed by a High Court (HC) judge to re-investigate the case. Shaikh raised this demand a day after the Bombay High Court acquitted all 12 accused, noting that the prosecution had utterly failed to prove the case. Nine years after he was arrested by the Maharashtra Anti-Terrorism Squad (ATS), the special court in 2015 cleared him of all charges related to the serial blasts case. The court had sentenced five of the 12 men to death and seven to life imprisonment. One of the death row convicts died in 2021. On Monday (July 21, 2025), the high court released all 12, noting the prosecution utterly failed to prove the case, and it was 'hard to believe the accused committed the crime' Shaikh, who works as a teacher, has been vocal about the torture inflicted by the ATS on 12 persons. He had penned a book- 'Begunah Qaidi'- while he was behind bars. The special bench of the HC also stated that the accused had been tortured to extort confessional statements. 'The government should re-investigate the case by setting up a Special Investigation Team to be headed by a High Court judge to ensure that the real perpetrators behind the train bomb blasts are arrested,' Shaikh told PTI. His other demands include an apology from the ATS for the botched investigation, ₹19 crore in compensation to the 12 men who spent 19 years behind bars despite being innocent and government jobs and houses for them. 'Though very late, these people finally got justice. The HC verdict exposed the falsehood of ATS', he said. Shaikh expressed sympathy and demanded justice for the family members of the victims killed and maimed in the synchronised blasts that ripped through Mumbai local trains at various locations on the western line on July 11, 2006, killing more than 180 persons and injuring several others. He remembered the late Assistant Commissioner of Police Vinod Bhat, one of the investigating officers in the train bomb blast case. In his book, Shaikh had claimed that Bhat was being forced to fabricate evidence and create false witnesses against the accused persons. 'Today, the soul of ACP Bhat must be happy. He ended his life in August 2006 due to pressure to frame innocent persons on the same railway track where bomb blasts had occurred,' he claimed, adding that his death was recorded as an accidental death at Dadar railway police station.