India needs an 'innocence movement' to address miscarriages of justice

On July 21, the Bombay High Court acquitted 12 Muslim men of terror charges in the 2006 Mumbai train blasts case. Five of them were on death row and one had died in jail. These men had been arrested soon after the explosions in Mumbai local trains killed at least 180 people.

The judgement represents a broader phenomenon where people accused in terror cases spend long years in prison before a court finally concludes that there was no real evidence connecting them to the alleged crime.

From 2014 to 2022, according to the National Crime Records Bureau, 8,719 cases were registered under the Unlawful Activities (Prevention) Act, but there were only 222 convictions – a rate of around 2.5%. It is also unclear how many of these convictions will ultimately be overturned following stricter scrutiny by the appellate courts, just like in the train blasts case.

Some have criticised the Bombay High Court judgement, contending that criminal procedure should not come in the way of national security. But a scrutiny of the judgement shows that it was not merely the outcome of sticking to legal formalities but based on an analysis of substantial problems with the investigation and prosecution in this case.

One of the main grounds for the trial...

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