Why were the 2006 Mumbai blasts accused freed?, Pg III.

Key Highlights:

• 12 accused acquitted; 11 released after 19 years in prison; 1 died in custody (2021).
• HC cited torture-based confessions, unreliable eyewitnesses, and inadmissible evidence.
• MCOCA invocation ruled unlawful due to lack of valid prior sanction.
• Destruction of Call Detail Records (CDRs) undermined right to fair trial.
• Supreme Court has stayed HC verdict, but release of accused not reversed.
• ATS investigation criticised for giving “false closure” and undermining public trust.
• Allegations of fabricated evidence and procedural irregularities heavily influenced the judgment.

Detailed Insights:

• Confessions obtained through torture were found inadmissible; consistent patterns in language and grammar suggested they were scripted.
• Eyewitness accounts, including those of taxi drivers and passengers, were deemed implausible and delayed by months.
• Identification parades were invalid, as they were conducted by an officer whose tenure had lapsed.
• MCOCA misused: Approval by a DIG-rank officer lacked legal scrutiny and supporting documentation, violating statutory safeguards.
• Key evidence like CDRs destroyed, denying the defence vital data to prove innocence; this was seen as deliberate suppression.
• Forensic materials like RDX and pressure cookers were mishandled, breaking the chain of custody and weakening admissibility.
• SC’s stay on the HC verdict stems from concerns that the ruling could impact other cases under MCOCA, but release of acquitted upheld.

Concepts Involved:

• MCOCA (Maharashtra Control of Organised Crime Act, 1999): A stringent anti-terror law that reverses burden of proof and allows prolonged detention, but requires prior sanction for invocation.
• Call Detail Records (CDRs): Telecom metadata used to trace movement and communication, crucial in criminal investigations.
• Test Identification Parade: A legal process where witnesses identify suspects; must follow strict procedures to be admissible.