Opinion | Mumbai Blasts To 2G Scam: Challenges That Explain Prosecution Failures In Criminal Cases
The acquittal of all 12 convicts in the 2006 Mumbai train blasts case by the Bombay High Court on July 21 has stunned the nation. The devastating attacks, which claimed 189 lives and injured over 800, led to a trial court convicting the accused in 2015. But the higher court overturned that verdict, citing the prosecution’s failure to present credible evidence. This case reflects a broader trend in India’s criminal justice system—prosecutions in high-profile terror cases and other serious crimes often collapse due to weak evidence, procedural delays, and political interference, leaving victims and the public disillusioned.
There are legal and political factors behind these failures. Drawing on the Mumbai case, the 2G spectrum scandal, and systemic trends, one can understand why convictions often remain elusive.
Robust evidence is the foundation of any successful prosecution, yet criminal cases in the country often stumble here. In the Mumbai train blasts case, the Bombay High Court flagged unreliable witnesses, flawed identification parades, and inadmissible confessions allegedly extracted through torture.
The prosecution couldn’t even specify what type of bombs were used—an indicator of unpreparedness. This evidentiary fragility is not limited to terror cases. For instance, in the 2017 2G spectrum case, all accused, including A Raja and K Kanimozhi, were acquitted because the CBI failed to produce sufficient documents or reliable witnesses after years of investigation.
A 2019 Vidhi Centre for Legal Policy report reinforces this view, citing uncorroborated testimonies and coerced confessions as recurring issues. Courts demand strong, verifiable proof—when agencies rely on shaky foundations, acquittals become inevitable.
Another chronic flaw is the lack of a comprehensive witness protection law. Witnesses often retract statements or refuse to testify due to fear of reprisal. The Supreme Court has repeatedly flagged this issue, noting that laws like the Unlawful Activities (Prevention) Act (UAPA) offer only........
© News18
