All respondents released and thus no question to bring them back to prison. However, on the question of law we will say that impugned judgment is not treated as precedent in any other cases. Therefore to that extent let there be stay on the impugned judgment,” the Apex Court said.
Staff Reporter / NEW DELHI
Supreme Court today stayed the Bombay High Court order (observation) which acquitted the 12 accused in the 2006 Mumbai train blast case. However, it said that all the accused who were released from jail after the order will remain free, and not be sent to jail.
The Supreme Court issued notice to all the accused on the petition filed by Maharashtra govt challenging the acquittal.
The Supreme Court stayed the high court order after the Solicitor General Tushar Mehta asserted that the high court has made some observations on the law. This cannot be made precedent in other similar cases of terrorism.
This was after Solicitor General Tushar Mehta, appearing for the State of Maharashtra, said that the judgment could affect other trials under the Maharashtra Control of Organised Crime Act (MCOCA). Therefore, he sought a stay on the verdict though he did not press for a stay on the release of the acquitted persons.
“So far as stay is concerned, I am not on liberty (of the accused). There are some findings which will affect all our MCOCA trials. The judgment can be stayed and release be not hampered,” Mehta said.
The Court agreed and granted limited stay on the judgment as requested. It also proceeded to issue notice to the accused
“We will issue notice. Let the parties come. We will hear them and decide,” the Court said.
Solicitor General Tushar Mehta himself told the court that the govt doesn’t want the accused to go back to prison. However, the observation on law (by the high court) needs to be discussed further.
All respondents released and thus no question to bring them back to prison. However, on the question of law we will say that impugned judgment is not treated as precedent in any other cases. Therefore to that extent let there be stay on the impugned judgment,” the Court said.
The bench observed in the order : “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.”
On July 21, the Bombay High Court quashed and set aside the judgment of a special Maharashtra Control of Organised Crimes Act (MCOCA) court, which handed over the death sentence to 5 and life term to 7 accused booked for conspiring and executing the bombs in Mumbai’s Western Railway local line on July 11, 2006.