Accused persons in the July 11, 2006 local trains serial blasts case are “innocent” and languishing in jail for 18 years without sufficient evidence produced by the prosecution, a senior counsel argued before the Bombay High Court on Monday. A special bench of HC was hearing senior advocate S Muralidhar who represented two convicts, who were in 2015 sentenced to life imprisonment by the court in Mumbai. On July 11, 2006, a series of bombs ripped through seven western suburban coaches, killing 189 commuters and injuring 824. After an over eight-year trial, a special court under the Maharashtra Control of Organised Crimes Act (MCOCA) in October 2015 awarded death penalty to five of the convicts and life terms to seven others. The death row convicts included Kamal Ansari from Bihar, Mohammad Faisal Ataur Rahman Shaikh from Mumbai, Ehtesham Qutubuddin Siddiqui from Thane, Naveed Hussain Khan from Secunderabad and Asif Khan from Jalgaon in Maharashtra. All of them were found guilty of planting the bombs. The seven who have been given life sentences were: Tanveer Ahmed Mohammed Ibrahim Ansari, Mohammed Majid Mohammed Shafi, Shaikh Mohammed Ali Alam Shaikh , Mohammed Sajid, Margub Ansari, Muzammil Ataur Rahman Shaikh, Suhail Mehmood Shaikh and Zameer Ahmed Latiur Rehman Shaikh. In 2015, seeking confirmation of death penalties, the Maharashtra government approached the High Court in 2015 and the accused too challenged their convictions and award of death sentences and life term. However, death row convict Kamal Ansarei died due to Covid-19 in Nagpur prison in 2021. After the accused sought early disposal of the matter, in July, 2024, a special bench of Justices Anil S Kilor and Shyam C Chandak was formed and has been hearing the death confirmation pleas and appeals against convictions since then. On Monday, Muralidhar, representing the two accused Muzzammil Shaikh and Zameer Shaikh argued that there was a “bias” in the probe and “innocent people were sent to jail”. He said in such cases, years later the accused are released from jail for want of evidence and “there is no possibility for reconstruction of their lives”. He said that the present accused are in jail for nearly 18 years based on confessional statements taken by the Maharashtra Anti-Terrorism Squad (ATS) through “torture”. He said prime years of their lives are gone in incarceration and “they have not stepped out even for a day” since they were arrested. Muralidhar further alleged that in cases involving “public outcry”, the investigating agency approaches them by assuming that the accused are guilty and in many such terror-related cases probing agencies “have failed us miserably”. “First of all, we have lost so many lives and then innocents are arrested. And then after years, the accused are acquitted and then no one gets closure,” Muralidhar claimed. He added that the accused were compelled to testify and family and relatives of some of the accused were beaten and physically tortured. Muralidhar argued that the probing agency in the present case could not find who made the bombs or helped in procuring them and the entire panchnama conducted was “false”. He further said that there was no evidence produced about “terrorism training” allegations against his clients and the prosecution’s case was based on mere assumptions. He urged the court to set aside conviction of the accused and acquit them due to lack of evidence. Muralidhar will continue his arguments on Tuesday.
