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Synopsis

Senior Advocate and Special Public Prosecutor Raja Thakare, on Friday, informed the Bombay High Court that he had no objections to initiating his arguments for the confirmation of the death penalty of the convicts in the 2006 Mumbai Train Blasts Case.

The division bench of the Bombay High Court comprising Justice Nitin Sambre and Justice NR Borkar was hearing the appeals and confirmation of the death penalty plea filed by the convicts of the 2006 train blast and the state government respectively. 

Advocate Yug Mohit Chaudhry on Thursday filed an application before the high court that effectively pleaded that the state government should open the arguments in the confirmation case. 

The division bench was however of the view that Section 368 of CrPc states that a confirmation case cannot be heard without hearing the appeals and therefore asked Chaudhry to begin his submissions. 

During the previous hearing, Chaudhry referred to the precedent set in Ajmal Kasab's case, which was heard by the Bombay High Court, and argued that both in principle and practice, it is the prosecution that commences the argument.

In response, Chaudhry sought time from the court for him to approach the Supreme Court on the issue.

Thakare today informed the division bench that he had no difficulty opening his submissions on the confirmation of the death penalty. 

"Going to the Supreme Court for this will further delay this. I don't have a problem starting. My learned friend starts or I start.." Thakare said. 

The bench agreed and posted the matter for hearing on October 12, 2023. 

In the ongoing proceedings, four of the convicts had filed applications before the high court, requesting their physical presence during the hearing. 

Additional Public Prosecutor Mankuwar Deshmukh had earlier argued that due to security concerns, the convicts should not be allowed to appear in person. 

In today's hearing, Deshmukh informed the bench that she would seek instructions. 

As a result, the bench has scheduled a hearing on the convicts' application for physical presence on October 10, 2023.

Case title: Zahmeer Ahmed Latifur Rehman Shaikh & Ors vs State of Maharashtra