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India Today
2 days ago
- Politics
- 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
Time of India
5 days ago
- Time of India
2 Bangladeshi citizens get 7 yrs' RI for forging documents
Meerut: A court in UP's Saharanpur has sentenced two Bangladeshi citizens to seven years of rigorous imprisonment (RI) under Passports Act and Foreigners Act for "illegally obtaining Indian citizenship and residing in the country", along with a total fine of Rs 1.3 lakh on both the "foreign nationals". Public prosecutor Manoj Kumar said, "Habibullah Misbah alias Nazir and Ahmedullah alias Abdul Awal (in their late 20s), who used fake documents for their stay, were held by the Anti-Terrorism Squad on July 19, 2023, from the state highway in Deoband. They entered India in 2017 and were in Saharanpur till their arrest in 2023, and had been kept in prison since." After their arrest, the ATS found fake Aadhaar, PAN cards, bank documents, passports of both India and Bangladesh, forged certificates of admission in an educational institution and some cash on them. A case was subsequently registered under IPC sections 419 (cheating by personation), 420 (cheating), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document), 120-B (criminal conspiracy) along with Passports' and Foreigners' acts. Delivering the verdict on Wednesday, the court of additional chief judicial magistrate observed: "The crime has been committed by Bangladeshi citizens to reside in India and obtain Indian citizenship illegally... In this case, the convicts were living in India by crossing the border illegally. They got the documents related to citizenship prepared on the basis of forged documents in an illegal manner. The crime committed by them is of serious nature. " The court added that "at present, foreign infiltration is a big problem in relation to the country's internal security, and illegally infiltrating India by the accused, getting forged documents prepared is an organised crime...." It further mentioned that "despite knowing the seriousness of the case, the investigating officer conducted the investigation in a mundane manner, and there was no meaningful effort to reach the root cause of the crime in this matter."
News18
6 days ago
- News18
UP Crime Branch Inspector ‘Helped' Chhangur Baba Gang? How He ‘Intimidated' Complainants 6 Yrs Ago
Last Updated: Inspector Abdul Rehman Siddiqui was suspended after a probe revealed he had ignored a 2019 kidnapping case linked to the Chhangur Baba gang. Crime Branch Inspector Abdul Rehman Siddiqui has been suspended by Ghaziabad Police Commissioner J Ravinder Gaur after fresh revelations linked him to negligence in a 2019 kidnapping case. At the time, Siddiqui was in charge of the Civil Lines Police Station in Meerut district. It is alleged that he ignored the victim's family when they tried to file a kidnapping complaint. According to officials, the complaint involved a girl who worked at a call centre. Her family had approached the Civil Lines Police Station after she went missing. They accused Badar Akhtar Siddiqui — believed to be a close aide of Chhangur Baba — of kidnapping her, as per Amar Ujala. However, Inspector Abdul Rehman Siddiqui allegedly dismissed their complaint, scolded them, and refused to file an FIR. Now, Chhangur Baba is in Anti-Terrorism Squad (ATS) custody, and new investigations have shed light on Siddiqui's role. The ATS recently wrote to SSP Meerut for details of the 2019 case, which revealed how Abdul Rehman Siddiqui had mishandled it. Additional Commissioner of Police (Law & Order) Alok Priyadarshi confirmed Siddiqui's suspension, citing serious negligence, Amar Ujala states. The case resurfaced when credit card fraud led the girl's family to discover that her card was being used by Badar Akhtar Siddiqui. That led them to file a fresh complaint. But back in 2019, when they first approached the police, they were reportedly turned away without any help. Who is Badar Akhtar Siddiqui? Badar Akhtar Siddiqui, a resident of Kidwai Nagar in Lisari Gate, is a key member of Chhangur Baba's gang. He allegedly targets Hindu girls and lures them into romantic relationships as part of a religious conversion racket. He reportedly uses emotional manipulation to trap women and then convinces them to convert to Islam. ATS officials say Badar played the role of a field agent in the gang, someone who would make direct contact with girls, win their trust, and eventually brainwash them, as per Amar Ujala. Authorities have recovered call recordings and chats that support these claims. He was last seen in the Saroorpur area of Meerut, and police have now launched a search operation to locate him. The case has highlighted how early negligence by law enforcement may have allowed the gang's operations to continue unchecked for years. view comments First Published: July 24, 2025, 15:53 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
The Hindu
6 days ago
- The Hindu
Bittersweet homecoming for Jalgaon man acquitted in 2006 Mumbai train blasts case
Asif Khan, one of the 12 accused acquitted by the Bombay High Court in the 2006 Mumbai train blasts case on July 21, walked out of Pune's Yerwada jail the next day around 10.30 p.m. after spending 19 long years behind bars. The reunion at his home in Maharashtra's Jalgaon on Wednesday morning was an emotional one, marked by tears, hugs, and a sense of disbelief. His mother, Husna Bano Bashir Khan, 70, couldn't contain her emotions as she spoke about her son's ordeal. 'Asif was always innocent; he lost 19 years of his life. This delayed justice can never compensate for that,' she said. On July 11, 2006, a series of seven bomb blasts occurred in the first-class compartments of seven suburban local trains in Mumbai between 6:23 p.m. and 6:29 p.m., resulting in the tragic loss of 187 lives and leaving 824 people injured. Mr. Asif was 33 years old when he was arrested in connection with the blasts, leaving behind his wife, Nishat, and three children, who were aged six, four, and two at the time. Then he was working in a construction company as a civil engineer in Mumbai's Kandivali area. 'After securing a diploma in civil engineering, he was working in Jalgaon for a year with a small company. In 2000, he got the job in Mumbai. Three years into the job, he found a rented home in Mira Road and moved there with his wife and children for a better life,' recalled his mother. The investigation into the blasts led to the registration of seven separate FIRs across different police stations in Mumbai, which were later consolidated and handed over to the Anti-Terrorism Squad (ATS) for investigation. The ATS identified 13 people as the accused and they were tried alongside 15 absconding accused. Two of the accused died during the trial. A chargesheet was filed and the matter proceeded as a special case before the Special Court in Mumbai designated under the Maharashtra Control of Organised Crime Act, 1999, and the National Investigation Agency Act, 2008. Ms. Husna said her husband, a tractor mechanic, passed away 15 years ago due to prostate cancer, with the grief of his son's imprisonment weighing heavily on him. As Mr. Asif was the only earning member when he was arrested and his younger brother was still in college, the family had to borrow money from relatives to survive. Ms. Nishat stitched clothes to earn a living, the mother said. 'In denial and disbelief' Recalling the day her son was arrested and the struggles the family faced, she said, 'I am still in denial and disbelief to see him in front of my eyes. I am not able to process this happiness; what if it goes away? I am seeing my son after almost two decades. Nineteen years is a long time; our lives have changed, the atmosphere of the village has changed, people passed away in the family, including his walid (father). He hoped he would see Asif before dying,' she said. His mother added, 'I have not cooked anything special for him yet; I am in the process of allowing myself to believe my son is with us. We don't want to be too happy at the same time as we are too scared to lose anyone... It feels like a dream to see my son walk around the house again.' Just two days before the judgment acquitting Mr. Asif, his family had welcomed a newborn: a girl, who was born to his elder son. They considered the child a symbol of good luck, Ms. Husna said, but the infant passed away due to jaundice on Wednesday evening, bringing a wave of fresh sorrow to the family. Mr. Asif and his childhood friend, Parvej Khan, 50, who was working in an advertising company in Mumbai's Mumbra region, were named in a case for being alleged members of the Students' Islamic Movement of India (SIMI). Mr. Asif was also named in the September 2006 Malegaon blasts case. He was later acquitted of all charges. On July 13, 2020, Mr. Parvej and Mr. Asif were acquitted in the SIMI case by the Aurangabad Bench of the Bombay High Court, but Mr. Asif remained in prison in the train blasts case, Mr. Parvej said. For Mr. Parvej, life still feels like a start from scratch as he struggles to find work. 'I am working as a commission agent for properties now but this is also very challenging as people do not want to interact with me much. I have lost all my friends who studied with me in a convent school in Jalgaon. Only two to three friends called me, but that too for the sake of courtesy; everybody maintains a distance from me and my family,' he said.
The Hindu
6 days ago
- Politics
- The Hindu
‘Grave error': Why Bombay HC acquitted all 12 convicted in 2006 Mumbai train blasts
The Bombay High Court on Monday (July 21, 2025) acquitted all 12 accused in the 2006 Mumbai serial train blasts case, overturning a 2015 verdict by a special Maharashtra Control of Organised Crime Act (MCOCA) court that had sentenced five of them to death and seven to life imprisonment. A Division Bench of Justices Anil S. Kilor and Shyam C. Chandak delivered a scathing indictment of the Mumbai Police's Anti-Terrorism Squad (ATS), remarking that it had created 'a false appearance of having solved a case.' The judgment ordered the release of 11 men after 19 years of incarceration. One of the accused had died in custody in 2021 due to COVID-19. Only one among them, Wahid Shaikh, had been acquitted earlier by the trial court in 2015 after it found no evidence against him. He, too, had spent nine years in prison before being exonerated. What is the case? Nearly two decades ago, on July 11, 2006, Mumbai was shaken by a coordinated series of bomb blasts that left an indelible scar on the city's collective memory. Within a matter of minutes, seven explosions ripped through suburban trains on the Western Railway line during the peak evening rush hour, killing 189 people and seriously injuring 824. According to the Mumbai Police, the bombs had been assembled using pressure cookers and strategically planted to cause maximum devastation during the city's busiest commute hours. In the immediate aftermath, the Congress-led Maharashtra government handed over the investigation to the Anti-Terrorism Squad (ATS). Eventually, 13 individuals were put on trial in connection with the blasts and 17 others, including Pakistani nationals, were named in the ATS chargesheet. Why did the High Court set aside the convictions? The prosecution's case rested primarily on eyewitness testimonies, the recovery of explosives, and confessional statements. However, the High Court found the evidence to be fundamentally compromised. It opined that the confessions were extracted through 'barbaric and inhuman' torture, the eyewitness accounts lacked credibility, and the recovered materials were 'vulnerable to tampering' and therefore inadmissible. 'Punishing the actual perpetrator of a crime is a concrete and essential step toward curbing criminal activities, upholding the rule of law, and ensuring the safety and security of citizens. But 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. This deceptive closure undermines public trust and falsely reassures society, while in reality, the true threat remains at large. Essentially, this is what the case at hand conveys,' the Bench underscored in its 671-page judgement. Here are some of the key findings: Unreliable eyewitnesses The prosecution's case relied heavily on eight eyewitnesses, including taxi drivers who allegedly ferried the accused and train passengers who claimed to have seen them planting the bombs. However, the court deemed this testimony 'unsafe,' citing significant delays and a lack of corroboration. Most witnesses approached the police over three months after the incident, casting doubt on the reliability of their recollections. The court was particularly critical of the two taxi drivers, who remained silent for nearly four months. It found it implausible that they could accurately recall the faces of passengers given the fleeting and routine nature of taxi rides in a metropolis like Mumbai. Similarly, a witness who had assisted in preparing sketches of the suspects was never brought to testify in the trial or asked to identify the accused in court. A significant procedural lapse that further weakened the prosecution's case was the invalidity of the test identification parades. The special executive officer who conducted them, Shri Barve, lacked the legal authority, as his tenure had ended more than a year earlier. As a result, the identifications made during these parades, including that of three accused, were ruled inadmissible. Coerced confessions The High Court held that the confessional statements of 11 convicts were inadmissible, citing grave violations of statutory safeguards. Most notably, the Bench concluded that the confessions had been extracted through torture. The judgment detailed chilling allegations by the accused, who described being beaten with belts, having their legs forcibly stretched apart, subjected to electric shocks, and deprived of sleep. These accounts were corroborated by medical reports from King Edward Memorial and Bhabha hospitals. The prosecution's case was further weakened by the striking similarity across the confessions, even though they were recorded by different officers at different times and locations. The statements were found to be 'verbatim', including the phrasing of questions, responses, and even grammatical errors, raising serious doubts about their voluntariness. The court also found that key procedural safeguards were ignored. The accused were not informed of their right to legal counsel before their statements were recorded, and there was neither certification of the language used nor any confirmation that the confessions were read back and acknowledged by them. No 'prior sanction' under MCOCA The High Court delivered a decisive blow to the prosecution by holding that the very invocation of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA), was unlawful. The statute requires 'prior sanction' by a competent authority, a police officer not below the rank of the Deputy Inspector General of Police, before it can be invoked in a case. This is a crucial safeguard since the stringent anti-terror law reverses the burden of proof, allows prolonged detention and dilutes evidentiary standards. The court found that the sanctioning officer had granted approval without examining the necessary documents, some of which were submitted only after the approval had been issued. 'Mere reproduction of some expressions, used in the definition of 'organised crime', 'continuing unlawful activities' or 'organised crime syndicate' to show the compliance, cannot be said to be in tune with the letter and spirit of the law relating to grant of approval for invocation of the provisions of the MCOCA,' the court underscored. The prosecution's failure to call the sanctioning officer as a witness further compounded the lapse. The court concluded that without his testimony, the approval for invoking MCOCA lacked legal validity. Destruction of evidence A key point of contention was the call detail records (CDRs) of the accused. Although the defence repeatedly sought access to them, the prosecution claimed the records had been destroyed. The court found this deeply troubling, noting that the CDRs were crucial for establishing the accused's whereabouts during alleged conspiracy meetings and for verifying or refuting claims of contact with operatives in Pakistan. It concluded that the destruction of such potentially exculpatory evidence appeared deliberate and amounted to the suppression of material facts. This, the court held, cast 'serious doubts over the integrity of the investigation' and constituted a 'grave violation of the right to a fair trial.' The judges also found serious lapses in the handling of physical evidence allegedly recovered, such as RDX granules, detonators, pressure cookers, circuit boards, hooks, and maps. They pointed out that the prosecution's failure to maintain a clear chain of custody and ensure secure sealing before submission to the Forensic Science Laboratory severely compromised the evidentiary value of these items. What happens next? The Maharashtra government has already approached the Supreme Court challenging the High Court's verdict. The appeal is scheduled to be heard on July 24. Earlier, Chief Justice of India B.R. Gavai briefly observed that staying a judgment of acquittal at the appellate stage is an option exercised only in the 'rarest of rare' cases. His oral remark came when a lawyer mentioned the State's petition before his Bench.
