MUMBAI, 8 August 2007 — The 13 accused in the sensational July 2006 Mumbai serial train blasts case, which began on Monday, moved an application seeking the transfer of the case from the special Maharashtra Control of Organized Crime Act (MCOCA) of Judge Mrudula Bhatkar.
The 13 are being tried for the series of blasts that rocked the Mumbai rail network on July 11, 2006. More than 200 people died and over 900 were injured when seven powerful bombs -- a cocktail of RDX, fuel oil and ammonium nitrate -- exploded in first class compartments of the suburban local trains on Western Railways network.
The accused declined to accept the charges against them and the court then adjourned the proceedings for today.
Most of the accused pleaded that they have been falsely implicated in the case by the Anti-Terrorist Squad (ATS) of the Maharashtra police. They also challenged the applicability of MCOCA on them saying -- terrorism is a federal case and does not fall under MCOCA. But the Mumbai High Court has asked the special court to go ahead with the trial. The judge will now send these applications to the principal judge of the Mumbai Sessions court.
All of the 13 accused were present in the court and were charged with criminal conspiracy and different sections of MCOCA and other Acts. They were also charged with being associated with the banned Students Islamic Movement of India (SIMI), publishing banned literature, manufacturing bombs, exploding bombs with the intention of creating panic in the people, damaging national property, provoking Muslim community, obtaining arms. handling and bomb manufacturing training in Pakistan, providing financial help to terrorist organizations, and carrying out anti-national activities.
After the charges were explained, the accused refused to sign the related papers -- thus stalling the process of framing of charges.
When some of the accused interrupted the process of explanation of charges, saying they wanted to discuss with their respective lawyers, Judge Bhatkar told the accused that after framing of charges she will give them time for discussions.
The accused were then individually called by the court and asked whether they accepted or rejected the charges, most of them said that they were falsely implicated in the case and that they had no faith in this court and hence wanted their case to be transferred to another court.
When one of the accused Fazal Shaikh was asked by the judge whether he confesses or rejects the crime committed by him, Shaikh angrily shot back at the judge "This question should be asked to those who committed the crime, we have not committed any crime."
In a related development, advocate Rizwan Merchant has been appointed as amicus curie (friend of the court) in the train blasts case.
