Bombay HC refuses to stay 7/11 blasts trial
Mumbai, June 21: The Bombay High Court today refused to stay the trial into the July 11, 2006 suburban train blasts in Mumbai in which 188 persons were killed and over 800 injured.
Few accused in the case had filed a petition, challenging the constitutional validity of Maharashtra Control of Organised Crime Act (MCOCA) and seeking a stay on the trials.
While refusing to stay the trial, a division bench comprising Chief Justice Swatanter Kumar and Justice S C Dharmadhikari, instead, asked the petitioners to approach the concerned MCOCA court, and adjourned the matter for further hearing till July 3.
The petitioners have contended that Section 2E of MCOCA provides for prosecution for insurgency, which falls under the Central subject of internal security. Primarily on this ground, the petitioners have challenged the constitutional validity of the Act, saying that through this provision the state government has enchroached upon the Central subject which is not permissible under the law.
Senior counsel Shrihari Ane, appearing for the State, contended that this issue has been considered in an earlier petition and the court had rejected it. But, the petitioners contended that this specific point under challenge has not been considered by the court.