- (1.) On 11.7.2006 there were seven bomb blasts in seven different first class compartments of local trains of Mumbai Suburban Railways. These bomb blasts resulted in the death of 187 persons. Severe injuries on account of the said bomb blasts were caused to 829 persons. These blasts led to the registration of following seven criminal reports: i) CR No.77 of 2006 at Mumbai Central Police Station. ii) CR No.78 of 2006 at Mumbai Central Police Station. iii) CR No.86 of 2006 at Bandra Railway Police Station iv) CR No.87 of 2006 at Bandra Railway Police Station v) CR No.41 of 2006 at Andheri Railway Police Station. vi) CR No.59 of 2006 at Vasai Road Railway Police Station vii) CR No.156 of 2006 at Borivli Railway Police Station. In all these cases investigation was transferred to the Anti Terrorists Squad, Mumbai (hereinafter referred to as "the ATS"), wherein the matter was registered as CR No.5 of 2006.
(2.) In all 13 accused were arrested in connection with the bomb blasts of 11.7.2006. The accused-respondents herein are the accused in the controversy. Initially the accused-respondents were charged with offences punishable under Sections 302, 307, 326, 427, 436, 20A, 120B, 123 and 124 of the Indian Penal Code, 1860 read with Section 34 of the Indian Penal Code. The accused-respondents were also charged with offences under the Indian Explosives Act, the Prevention of Damage to Public Property Act, the offences under the Indian Railways Act and the offences punishable under the Unlawful Activities (Prevention) Act, 1967. Later, the provisions of Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as "the MCOCA") were applied to the case. Thereupon, the accused-respondents were charged under Sections 3(1)(i), 3(2) and 3(4) of the MCOCA. On 30.11.2006 the charge-sheet in CR no.5 of 2006 came to be filed as MCOCA Special Case no.21 of 2006 (hereinafter referred to as Special Case No.21 of 2006) for offences punishable under Sections 302, 307, 324, 325, 326, 327, 427, 436, 120B, 121-A, 122, 123, 124A, 201, 212 Indian Penal Code, 1860, read with Sections 3(1)(i), 3(2), 3(3), 3(4), 3(5), the MCOCA, read with Sections 10, 13, 16, 17, 18, 19, 20, 40 of Unlawful Activities (Prevention) Act, 1967, read with Sections 6, 9B of the Explosives Act, 1884, read with Sections 3, 4, 5, 6 of the Explosive Substances Act, 1908, read with Sections 3, 4 of the Prevention of Damage to Public Property Act, 1984, read with Sections 151, 152, 153, 154 of the Railways Act, 1989, read with Section 12(1)(c) of the Passports Act, 1967.
(3.) The prosecution case (in Special Case No.21 of 2006) in brief is, that bombs were planted on 11.7.2006 in seven different first class compartments of local trains of Mumbai Suburban Railways by the Students Islamic Movement of India (hereinafter referred to as "the SIMI"). SIMI is a terrorist organization, the accused-respondents are allegedly its members. According to the prosecution, the accusedrespondents had conspired to plant bombs at Mumbai's local trains to create panic in furtherance of terrorist activities being carried out by the SIMI in India.;