Supreme Court Stays Bombay HC Order In 2006 Mumbai Train Blasts Case, But Released Accused Won't Return To Jail

The Supreme Court on Thursday (24 July) stayed the Bombay High Court's recent judgment on the plea by Maharashtra government that challenged the HC order acquitting all 12 accused in the 2006 Mumbai 7/11 train blasts case.

The bench, comprising Justices MM Sundresh and NK Singh, gave the order after hearing appeal filed by the Maharashtra government, which challenged the High Court’s verdict.

The bench of Justices M M Sundresh and N Kotiswar Singh said the high court judgment shall not be treated as a precedent, and issued notice to all the accused in the case.

The court, however, did not stay the release of the accused from prison.

Solicitor General Tushar Mehta, representing the state, clarified that the government was not seeking re-arrest of the acquitted individuals.

However, he requested a stay on the judgment due to its potential impact on other ongoing trials under the Maharashtra Control of Organised Crimes Act (MCOCA).

“Your lordships may consider saying, the judgment is stayed, however, they will not be required to come back to the prison," Mehta was quoted as saying by Livelaw.

The bench noted that since the accused had already been released, there was no question of returning them to jail.

However, the Court agreed to stay the ruling partially, stating, “We have been informed that all the respondents have been released and there is no question of bringing them back to the prison. However, taking note of the submission made by the SG on the question of law, we are inclined to hold that the impugned judgment shall not be treated as a precedent. To that extent, there is a stay of the impugned judgment," Livelaw reported.

On 21 July, the Bombay High Court overturned the MCOCA court's decision, which had sentenced five convicts to death and seven to life imprisonment, for conspiring and executing the bombs in Mumbai's Western Railway local line on 11 July 2006.

Seven bomb blasts in Mumbai's local rail lines claimed lives of 189 citizens lost their lives and nearly 820 innocents sustained severe injuries.

These blasts are also known as the infamous "7/11 Mumbai Blasts."

The High Court ruled that the prosecution had failed to prove the guilt of the accused and cited allegations of custodial torture during investigation by the ATS .

Also Read: Maharashtra Moves Supreme Court Against Bombay HC Verdict Acquitting 2006 Mumbai Train Blasts Accused