MUMBAI: In a landmark judgment that stunned many, the Bombay high court on July 21 acquitted all 12 accused in the 2006 Mumbai train blast case. The court’s verdict, coming nearly two decades after the horrific tragedy that killed over 188 and injured over 800, laid bare deep-rooted flaws in the investigation and trial process.After over six months of hearing and going through more than 44,000 pages of record, Bombay HC concluded the Maharashtra Anti-Terror Squad (ATS) had no case against the 12 accused in the 11/7 train blasts case. Here’s what the court observed.On trustworthiness of witnesses:
- Prosecution failed to establish trustworthiness of witnesses who identified accused and kind of explosives used
- Eight witnesses were examined (taxi drivers who drove accused to Churchgate station, witnesses to planting of bombs on trains, witnesses to bomb assembly, witnesses to conspiracy)
- Taxi drivers were silent for over 100 days after incident after which they gave statement to police that two accused had travelled in their taxis. No special reason (as in, cues, etc) for triggering of their memory and to recollect faces of accused (after so long a period). Witnesses identified accused in court after more than four years; again, no special reason for triggering memory
- Test identification parade (TIP) of accused inadmissible as special executive officer (SEO) who conducted TIP did not have authority to do so. This is for witnesses who claimed to have seen accused planting bombs on trains
- One witness appears to be a stock witness, who acted as a panch witness in four crimes
- Another said he saw accused making bombs upon entering a house, but changed his version during cross-examination. He was also a witness in Ghatkopar blast case
- Witness to the conspiracy, though deposed that he saw accused discussing issues on occasion, admitted that he didn’t know the subject of the discussions
Trial court judgment trashed:
- September 30, 2015: Special MCOCA court finds 12 individuals guilty, days later, five are sentenced to death (one died during pendency of appeal), and seven to life imprisonment. One, Abdul Wahid, is acquitted (state did not appeal against acquittal). All five sentenced to death held to be bomb planters.
- January 31, 2025: Bombay High Court reserves appeals and reference of death confirmation for judgment
- July 21, 2025: Bombay high court acquits all 12, stating that prosecution failed to establish any case against them.
Bombay high court:
- “Punishing the actual perpetrator of a crime is a concrete and essential step towards 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.
Trial court relied on prosecution case:
- Special judge relied on confessional statements of accused and supporting evidence produced by prosecution
- Held that the matter fell into the ‘rarest of rare’ category
- Said mitigating circumstances pleaded by accused insufficient to displace aggravating circumstances