Mumbai: Ten years after he was acquitted by a trial court in the 7/11 serial train bomb blasts in Mumbai in 2006, Wahid Shaikh, a school teacher, filed a complaint before the National Human Rights Commission (NHRC) and other bodies, seeking compensation of ₹9 crore for his wrongful incarceration of nine years. Shaikh wrote in his complaint to the NHRC on Friday: "...the nine years I spent in wrongful custody, coupled with brutal custodial torture, have left me and my family devastated in ways no measure can fully repair". He filed similar complaints before the National Minorities Commission, the Maharashtra State Human Rights Commission and also the Maharashtra State Minorities Commission. "Though nothing can return the lost years or undo the suffering inflicted upon me and my family...I humbly request the Commission to grant me adequate compensation of Rupees 9 crores for nine years of wrongful imprisonment, custodial torture, and the continuing physical, financial, and psychological suffering that I and my family endure," Shaikh's complaint read.
Of the 13 men arrested by the Maharashtra Anti-terrorism Squad (ATS) and tried for their alleged involvement in the bomb blasts that killed 188 on July 11, 2006, Shaikh was the only one acquitted by the Special Maharashtra Control of Organised Crime Act (MCOCA) Court on September 30, 2015 after nine years in jail. He said the state government had not challenged his acquittal in the higher court because there was no evidence against him.
He, however, recounted the hardship he had his family faced while he was jailed. He stated in his complaint, "I was only 28 years old at the time of arrest, at the prime of my life when a person builds his career and future. The wrongful imprisonment during these years caused a severe nine-year gap in my professional and personal life. My career, education and personal development were irreparably destroyed. The stigma of being falsely branded a "terrorist" has continued to haunt me even after acquittal, leaving permanent scars on my dignity and livelihood." His prolonged incarceration and torture also led to health issues and his suffered socially, economically and emotionally, he said. He also spoke about the impact of his incarceration on his family: "They bore the burden of humiliation and isolation, (and) I myself have been forced into financial debt of nearly Rs. 30 lakhs to meet medical and living expenses," Shaikh stated.
Shaikh's complaint to the NHRC comes nearly two months after the Bombay High Court acquitted the remaining 12 accused -- five of whom were on the death row-- in the case. Shaikh, who recently secured a PhD in prison literature, said that although he was acquitted ten years ago, he waited to file his compensation claim.
"The moral reason was that my co-accused were convicted and sentenced to death and life imprisonment. It was not a pleasant moment for me to seek compensation when they were still languishing behind bars..." He said he decided to wait until all his co-accused were proven innocent. "Now that these acquittals have taken place, it is clear that the entire case was a forgery (sic), and therefore, my demand for compensation becomes even more legitimate and urgent," Shaikh said in a statement issued on Friday.
He said that rebuilding his life after his release from prison was an uphill task. "Because of the stigma attached to my wrongful implication, most employers refused to hire me," his complaint stated.
Shaikh, a resident of Vikhroli, is a teacher in a school in Byculla and the sole breadwinner in his family of six. "Even in this modest employment, my identity and past have created immense hurdles.
Shaikh, urged the commissions to award him the compensation citing precedents of ISRO scientist S Nambinarayanan, in whose case the NHRC had asked the Kerala government to pay him ₹10 lakh for his illegal detention under false charges of espionage, among others.
When asked about Shaikh's petition, former judge of the Bombay High Court Abhay Thipsay said that while in theory the acquitted accused in the 7/11 case may be entitled to compensation, this may be a "difficult area" in the law. "An acquittal does not conclusively mean not guilty. The police initially act on suspicion and they show that they have acted in good faith. Sometimes the evidence is not there, sometimes witnesses turn hostile so every acquitted accused cannot claim compensation."
Thipsay said that courts have earlier given compensation in their civil writ jurisdiction in gross cases or in cases where the evidence is fabricated or continuation of prosecution even after knowing there is no evidence but he was not aware of such compensation given in a case of acquittal. "If the acquitted accused can show that this was a gross case, then he may succeed in getting compensation but the burden to prove his innocence will then be his."