The Bombay High Court on Thursday issued notices to seven persons acquitted in the 2008 Malegaon blast case, following an appeal filed by the families of the victims. The bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad also issued notices to the National Investigation Agency (NIA) and the Maharashtra government and posted the matter for hearing after six weeks.
Families of victims challenge acquittal order
The appeal has been moved by the families of the six people killed in the blast, contesting the special NIA court's judgment of July 31 that acquitted all seven accused, including former BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit. The petition argued that lapses or flaws in the investigation cannot justify an acquittal. It stressed that the conspiracy was "hatched in secrecy" and therefore could not have direct evidence. The plea said the order of acquittal was "wrong and bad in law" and must be quashed.
Blast and trial
On September 29, 2008, a motorcycle strapped with explosives went off near a mosque in Malegaon town, Nashik district, killing six and injuring 101 others. The petitioners alleged that the trial court acted merely as a "post office" and allowed a weak prosecution to benefit the accused. "The trial court has unfortunately acted as a mere post office and allowed a deficient prosecution to benefit the accused," the appeal stated.
Questions over NIA probe
The appeal also raised questions on the manner in which the NIA conducted its investigation, alleging that the agency diluted charges after taking over from the state Anti-Terrorism Squad (ATS). The ATS had earlier arrested the seven accused and claimed to have unearthed a conspiracy. According to the plea, since these arrests, no blasts had been reported in areas with large minority populations.
Special court's reasoning for acquittal
While acquitting the accused, Special NIA Judge A K Lahoti had held that "mere suspicion cannot replace real proof." He said there was no "reliable and cogent evidence" proving the charges beyond reasonable doubt. The prosecution had alleged that the Malegaon blast was carried out by right-wing extremists to terrorise the Muslim community in the communally sensitive town. The NIA court highlighted loopholes in the probe and granted the accused the benefit of doubt. The accused acquitted in the case include Pragya Singh Thakur, Lt Col Prasad Purohit, Major Ramesh Upadhyay (retired), Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi, and Sameer Kulkarni.
(With inputs from PTI)
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