2006 Mumbai train bombings: Bombay High Court raps State for lack of seriousness, failure to appoint prosecutor

The Bombay High Court Wednesday pulled up the Maharashtra government for its apparent lack of seriousness in conducting the appeals and confirmation cases related to the Mumbai bomb bombings that took place on July 7, 2006..A division bench of Justices Nitin Sambre and Rajesh Patil was informed today that the State government was yet to appoint a special public prosecutor to appear on its behalf in hearings concerning the confirmation of death sentences of 5 persons convicted in the case..“Is this the way you are treating these appeals? There is no seriousness with which the government is treating this issue. We will summon the Chief Secretary of the Home Department of the State to answer us tomorrow morning,” the bench remarked today when the State sought an adjournment of the case. .The bench asked the State to sort out the issue of appointing an SPP by September 8.It also asked the additional public prosecutor (APP) to ensure that an officer from the law and justice department is present in court when the matter is taken up next. “We do not want mid-level officers. We want someone from the government. If there is a failure on the aforesaid issue on the appointment of SPP or entrustment of the case to an APP by the day after tomorrow, we will call upon the principal secretary of the State Home and Justice Department,” the bench warned..The Court also indicated that it is inclined to begin hearing the confirmation petitions from October 5, 2023, on a day-to-day basis.“This Court is inclined to commence final hearings from Oct 5 on a day-to-day basis. Either it will be the first half or second half of the day, but we will hear it on a day-to-day basis,” the bench said. .Senior advocate Raja Thakare had earlier been appointed as the special public prosecutor (SPP) since he had conducted the trial before the sessions court. However, he expressed his disinclination to continue as the SPP. In view of this, the State had sought adjournment in earlier hearings to appoint a new SPP.Meanwhile, the State approached Thackeray once again requesting him to represent the government in the cases as SPP. However, nothing happened after this, the State told the Court, adding that the terms of this proposed appointment were still under consideration. .This irked the High Court today when the State once again sought an adjournment to consider the issue of the appointment of SPP..On July 11, 2006, RDX blasts at 7 locations on the suburban rail network of Mumbai had claimed 189 lives and injured 800.After a trial that went on for 8 years, 12 out of the 13 accused were convicted. 5 of the 12 persons convicted were given the death sentence in 2015 by the Special Court under the Maharashtra Control of Organised Crimes Act (MCOCA). Out of these 5, one convict died in 2021 due to COVID. The remaining accused were sentenced to life imprisonment.The State of Maharashtra approached the High Court seeking confirmation of the death sentence as required under the law.All the accused also filed appeals challenging their respective sentences..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.