NEW DELHI: The Supreme Court on Thursday stayed the Bombay High Court's July 21 judgment, acquitting all 12 convicts in the 2006 Mumbai train blasts case.
The top court, however, said that the accused, already released from jail after the High Court's verdict, would not be arrested for now.
A bench of Justices M M Sundresh and N Kotiswar Singh took note of Solicitor General Tushar Mehta's submission that the judgement of the High Court would not be treated as a precedent in other pending MCOCA cases.
The court issued notice to all the accused on a special leave petition filed by the Maharashtra government.
The HC's judgment came as a big setback for the Mumbai ATS, which investigated the case.
Mehta said he was seeking stay of the High Court's judgment not to bring back the accused to jail.
However, he maintained, there are certain findings which may affect the pending cases under the Maharashtra Control of Organised Crime Act.
The bench noted the submission and clarified the HC's judgment would not be treated as a precedent.
It also said, some of the accused were Pakistani nationals.
Also Read: Mumbai train blasts case: Maha govt moves SC against Bombay HC's acquittals of 12 convicts
A day after the High Court's judgment, the Maharashtra government approached the Supreme Court against the High Court's judgment which set free all the 12 convicts in the 2006 Mumbai train blasts case.
The Bombay High Court had 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.
It 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 High Court 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.
