Supreme Court Halts Bombay HC’s Acquittal in 2006 Train Blast Case, But No Return to Jail for Freed Accused

By Abhishek Kumar

In a significant development, the Supreme Court of India has put a temporary hold on the Bombay
High Court’s recent judgment that acquitted all 12 individuals previously convicted in the 2006
Mumbai train bombings. However, the top court clarified that the men, who have already been
released, will not be required to return to prison for now.

The decision came in response to appeals filed by the Maharashtra government challenging the High
Court’s acquittal. A bench headed by Chief Justice of India B. R. Gavai issued formal notice in the
matter, acknowledging the state’s concerns over broader legal implications.

During the proceedings, Solicitor General Tushar Mehta, representing Maharashtra, stressed the
urgency of the case. “It’s a serious matter from the government’s point of view… There is an element
of urgency,” he said.

Highlighting the possible ripple effect the judgment could have on other cases under the
Maharashtra Control of Organised Crime Act (MCOCA), Mehta added, “Your lordships may consider
saying, the judgment is stayed, however, they will not be required to come back to the prison.”

“We have been informed that all the respondents have been released and there is no question of
bringing them back to the prison. However, taking note of the submission made by the SG on the
question of law, we are inclined to hold that the impugned judgment shall not be treated as a
precedent. To that extent, there is a stay of the impugned judgment,” the Supreme Court of India
ruled.

The Bombay High Court’s acquittal, delivered on July 21, overturned the verdict of a special MCOCA
court which had in 2015 sentenced five of the accused to death and the remaining seven to life
imprisonment. The men were originally convicted of carrying out a coordinated series of bomb blasts
on Mumbai’s suburban railway network on July 11, 2006, an attack that claimed over 180 lives and
injured hundreds.

Justices Anil Kilor and Shyam Chandak, in their ruling, held that the prosecution had failed to prove
the guilt of the accused beyond reasonable doubt. The Bombay High Court raised serious concerns
about the evidence presented by the prosecution during the trial.

All twelve had spent nearly 20 years in prison before the High Court judgment led to their release.
Family members of the men reacted with a mix of relief and frustration.
Their families stated: “They have always maintained that the convictions in this case were based on
forced confessions obtained through brutal third-degree custodial torture, an open secret that the
Bombay HC has now indirectly affirmed by rejecting these confessions.”