Mumbai, Jan 15 (UNI) Former Justice of Kerala High Court S Nagamuthu, now a senior advocate, on Wednesday challenged before the Bombay High Court the conviction of two men on death row in the Mumbai 7/11 train blasts case saying the confessional statement of the duo recorded by the police was given under duress and so cannot be used as evidence against them.
Arguing before a special bench of Justice Anil Kilor and Justice Shyam Chandak on behalf of the convicts, Nagamuthu cited various judgements of the apex court and claimed that the confessional statement of convicts Faisal Atta Urehman Shaikh and Ali Shaikh were not recorded as per the guidelines framed by the Supreme Court.
He dismissed the statements as “bogus” and claimed they were prepared by the investigation agencies.
Nagamuthu also argued that regarding the confessional statement of the convicts, the police have said “as per the statement of the accused” but did not mention “as per the confessional statement”, and hence it has no validity under the law.
On July 11, 2006, a series of bombs ripped through seven western suburban coaches, killing 189 commuters and injuring 824. After an over eight-year trial, a special court under the Maharashtra Control of Organised Crimes Act (MCOCA) in October 2015 awarded the death penalty to five of the convicts and life terms to seven others.
The special bench of the Bombay High Court has been hearing the death confirmation pleas by the state government and appeals against life imprisonment imposed on convicts in the case.
