Mumbai: Six family members of the victims of the 2008 Malegaon bomb blast have approached the Bombay High Court, challenging the acquittal of seven accused, including former BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit, by a special NIA court.
The petitioners argued that alleged defects or lapses in the investigation cannot justify acquittal, and contended that a conspiracy, often hatched in secrecy, may not leave direct evidence. They claimed the special court’s July 31 judgment acquitting the accused was legally flawed and should be quashed.
The appeal, filed on Monday by Nisar Ahmed Sayyed Bilal and five others through advocate Mateen Shaikh, is likely to be heard before a division bench headed by Justice A S Gadkari on September 15, according to the High Court website.
The 2008 blast, carried out by an explosive-laden motorcycle near a mosque in Malegaon, Nashik district, killed six people and injured 101 others.
The petitioners said the trial court judge should not act as a “postman or mute spectator” in a criminal trial, noting that courts can question witnesses or summon evidence when the prosecution fails to elicit crucial facts. “The trial court has unfortunately acted as a mere post office and allowed a deficient prosecution to benefit the accused,” the appeal said.
It highlighted that the previous special public prosecutor, Rohini Salian, had alleged pressure from the NIA to slow the case, prompting the appointment of a new prosecutor. The appeal also raised concerns over the manner in which the NIA conducted the probe and trial, urging that the accused be convicted.
The state Anti-Terrorism Squad (ATS) had arrested the seven individuals, uncovering a large conspiracy. The appeal noted that since then, no blasts have occurred in areas populated by the minority community. It claimed that the NIA, after taking over, diluted the allegations against the accused.
The appeal also disputed the special court’s conclusion that the motorcycle used in the blast was not owned by Thakur and that the RDX was not procured by Purohit. It argued that sufficient evidence existed to prove the conspiracy, and the court erred in holding there was only strong suspicion but insufficient proof to convict.
The special NIA court, presided over by Judge A K Lahoti, had stated there was no “reliable and cogent evidence” to establish guilt beyond a reasonable doubt. The prosecution alleged that right-wing extremists carried out the blast intending to terrorise the Muslim community in Malegaon, a communally sensitive town.
The NIA court judgment cited several loopholes in the prosecution’s investigation and case, concluding that the accused deserved the benefit of doubt.
Alongside Pragya Thakur and Lt Col Purohit, the other accused were Major Ramesh Upadhyay (retired), Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi, and Sameer Kulkarni.
With PTI inputs