13/7 Mumbai triple blasts | 11 years later, trial yet to begin: Court hears accused after he says will go on indefinite hunger strike

Shaikh has been behind bars since 2011 for his alleged involvement in the blasts that took place on July 13, 2011, killing 27. The trial in the case is yet to begin with the prosecution having cited over 700 witnesses. Previously, both the prosecution — the Maharashtra Anti-Terrorism Squad (ATS) — and some of the accused had sought to conduct the trial, with the special court noting that substantive steps have not been taken to proceed with the trial. The court, while deciding the pleas last year, had said the trial will be conducted expeditiously.

On Wednesday, in a letter sent from jail, Shaikh told the court that he has decided to go on an indefinite hunger strike until full-fledged trial commences on a daily basis. His plea said that he is still an undertrial prisoner and his detention is still ‘preventive in nature’. “My 11 years prolonged incarceration without trial have become pre-trial punishment which is in complete violation of right to speedy justice and access to justice,” Shaikh’s plea said. He referred to various judgments of High Courts and the Supreme Court on the right to speedy trials.

“I am languishing in jail for more than 11 years without trial despite cooperating with court and prosecution, despite repeated request to the court for speedy justice, despite filing applications for expeditious trial or even requesting for trying the case once a week but no relief has been given till date and adjournments are being sought to distant dates as per convenience and requirement of (special public prosecutor)…” his application said. He also referred to a Bombay High Court order rejecting bail to his co-accused in 2019 while directing for the trial to be decided expeditiously.

Shaikh claimed in his plea that he was innocent and had been falsely implicated in the case by the ATS. His plea also claimed that he was ‘revengefully implicated’ for helping and leading officials of the Intelligence Bureau and Delhi Special Cell in their probe to apprehend terror suspects in Mumbai for the triple blasts. The accused in the case include other undertrials like Indian Mujahideen operative Yaseen Bhatkal, who are serving punishment in other prisons.