NEW DELHI: The Maharashtra government on Tuesday approached the Supreme Court, challenging the Bombay High Court's judgment of July 21, which acquitted all the 12 convicts in the 2006 Mumbai train blasts case.
Solicitor General Tushar Mehta mentioned the matter on Tuesday before a bench led by Chief Justice of India B R Gavai for urgent listing and hearing the appeal.
The bench agreed to list the matter on Thursday.
Mehta said that the special keave petition is ready.
"Please list it tomorrow. There is urgency," he submitted.
The CJI said that he had read in the papers that eight accused have already been released from prison following the High Court's judgment.
The Bombay High Court on Monday acquitted all 12 accused in the 2006 train blast case as it set aside the special MCOCA court's order handing death sentence to five and life term to seven accused, saying it was "hard to believe" they committed the crime.
The judgment came as a big embarassment to Maharashtra's Anti-Terrorist Squad, which investigated the case.
Maharashtra Chief Minister Devendra Fadnavis and ATS said the state would challenge the Bombay high court's order in the Supreme Court.
The HC had found holes in the police investigation and raised doubts about the confessional statements of accused and testimony of witnesses
On July 11, 2006, seven bombs ripped through Mumbai's local trains killing 189 and maiming 820 travellers. The bombs were timed to go off during the evening rush to inflict maximum pain.
In the order, a bench of Justices Anil Kilor and Shyam Chandak cited several reasons for overturning the 2015 verdict of the special court. The bench noted that the evidence was not properly collected and presented. The first arrest was made on July 20, 2006 followed by continuous arrests. However, the test identification parade was not done for four months.
The court also noted some witnesses were also the witnesses in the 2002 Ghatkopar bomb blast case and their testimonies were shattered in cross examinations.
The HC directed for release of appellants from jail if they are not required to be detained in any other case by giving a bond of Rs 25,000 each.
The MCOCA court had sentenced Kamal Ansari (now dead), Mohammad Faisal Shaikh, Ehte-sham Siddiqui, Naveed Hussain Khan, and Asif Khan to death.
Tanveer Ahmed Ibrahim Ansari, Mohammed Majid Shafi, Shaikh Mohammed, Mohammed Sajid Margub Ansari, Muzammil Ataur Rahman Shaikh, Suhail Mehmood Shaikh, and Zameer Ahmed Shaikh were handed life term.
