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Synopsis

The Bombay High Court on friday said that it will not allow any adjournments in the hearing for the confirmation of the death sentences of the convicts involved in the 7/11 Mumbai Train Blasts case.

During the hearing, one of the counsel representing the convicts requested the bench to schedule the next hearing for six weeks later, instead of four-week on October 5.

The division bench of Justice Nitin Sambre and Justice Rajesh Patil responded and said

"No, you are getting 4 weeks. No question of adjournment on whatsoever ground. 5th October 10:30 we will be opening with your arguments," Justice Sambre said. 

Therefore, the division bench in its order directed the convicts to open their arguments on October 5. 

"This matter is listed time and again before court and considering gravity we deem appropriate to fix the matter on 5th October for hearing on day to day basis. We direct convicts to commence argument. No adjournment on whatsoever ground will be allowed," the bench ordered.

After being pulled up by the high court on Wednesday regarding the appointment of a Special Public Prosecutor for the confirmation of the death sentence, the Maharashtra Government informed the bench that it had issued a Government Resolution appointing Senior Advocate Raja Thakare as the Special Public Prosecutor.

The counsel representing Kamal Ansari, one of the convicts, informed the bench that Ansari had passed away during Covid. However, his family expressed their intention to continue contesting the confirmation of the death sentence.

The court was informed that the accused had filed several miscellaneous applications seeking their physical presence during the hearings.

Special Public Prosecutor Raja Thakare opposed the application and said that they could be produced through virtually. 

He added that in one of the confirmation cases before the bench led by Justice Sunil Shukre the convict was allowed to appear virtually. 

Advocate Mankuwar Deshmukh, representing the state government, also opposed the plea, citing security concerns as a reason not to physically bring the accused to court.

The counsel for the convicts told the bench that he would satisfy the court that presence of the convicts can be allowed. 

The bench accepted this and scheduled the hearing for miscellaneous applications regarding physical presence on October 3rd, with the confirmation of the death sentence set for October 5th.

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