‘No question of bringing them back to prison’: Supreme Court stays Bombay HC order in 2006 Mumbai train blasts case

Appearing for the state, Solicitor General Tushar Mehta said, “I am seeking a stay not to bring them back to jail. That’s not the intention…They are released. Your Lordships may even clarify.”

“These are certain findings of law given by the court which would be affecting all our MCOCA trials which are going on…Your Lordships may consider saying, judgment is stayed, however…their release is not…”

The bench said they have been informed that all 7/11 Mumbai train blasts convicts have been released. “Therefore, there is no question of bringing them back to the prison. However, taking note of the submissions made by the SG on the question of law, we are entitled to hold that the impugned judgment shall not be treated as a precedent in any other case. To that extent, it is stayed.”

On Monday, the Bombay High Court overturned the September 2015 judgment of a special court designated under the Maharashtra Control of Organised Crimes Act (MCOCA), which sentenced five accused to death and handed life term to seven. The special court acquitted one person.

The special bench of Justices Anil S Kilor and Shyam C Chandak questioned the trustworthiness of certain prosecution witnesses and the Test Identification Parade (TIP) of some of the accused.

On July 11, 2006, 189 people were killed and another 824 were injured after a series of bombs ripped through seven coaches of Western Suburban Railway or Mumbai local trains.