Bombay High Court Acquits All 12 in 2006 Mumbai Train Blast Case

19 years after the 2006 Mumbai train bombing, Bombay High Court has acquitted all 12 convicts, including five who were sentenced to death in the case. While announcing the verdict, Justice Revati Mohite Dere and Gauri Godse highlighted that there are many flaws in the case. The court pointed out that the flaws include the credibility of the key witnesses being questionable, the integrity of the identification parades being compromised, confessions being forcefully obtained, among other issues. This judgment comes nearly two decades after the attack that left 180 people dead and close to 900 injured. Seven bombs went off in suburban trains running along the Western Railway route.

Seven bomb blasts took place between Khar Road–Santacruz, Bandra–Khar Road, Jogeshwari–Mahim Junction, Mira Road–Bhayander, Matunga–Mahim Junction, and Borivli.

The bench quoted, “The defence had raised serious questions about the test identification parade. Many witnesses remained silent for unusually long periods, some over four years, and then suddenly identified the accused. This is abnormal.”

The court noted that the key witness in this case had previously testified in other cases too, such as the Ghatkopar blast case, and this raises doubt on his credibility. Other witnesses did not give any satisfactory reason as to how they were able to identify the accused after years of the blast.

The investigation revealed major gaps, especially in the handling and transfer of explosive evidence like RDX to the FSL. The court quoted, “Clear non-application of mind.” This judgment has overturned the 2015 ruling of the Special MCOCA Court, where five people among others were awarded capital punishment.

As per criminal law, capital punishment given by a trial court needs to be first confirmed by the higher court.

Court’s Observations
• This is abnormal—that witnesses could easily identify the accused even after four years
• Evidence not safe
• Stock witness
• A person who was accused suddenly confirms that he saw the bombs being assembled (changed statement)

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