Malegaon 2008 blasts case: Bombay HC admits victims’ families’ appeal, issues notices to NIA

MUMBAI: The Bombay High Court has admitted an appeal filed by the families of victims in the 2008 Malegaon blasts case and issued notices to the National Investigation Agency (NIA) and the seven accused who were acquitted by a special NIA court.

The 2008 blast occurred on September 29 near a mosque in Malegaon town in Maharashtra’s Nashik district. Six people were killed and over 100 were injured in the incident. The case was initially investigated by the Maharashtra Anti-Terrorism Squad (ATS) and was later transferred to the NIA in 2011.

The division bench of Justice A S Gadkari and Justice R R Bhosale heard the matter and said it would be heard again after six weeks. Notices have been issued to all respondents, including the NIA and the seven individuals acquitted in the case. The division bench of the Bombay High Court heard the appeal on Thursday and allowed it to proceed.

On September 9, the appeal was filed by family members of the deceased victims, challenging the special NIA court’s verdict acquitting all accused, including Pragya Singh Thakur and Lt Col Prasad Purohit. They argue that the investigation was faulty and that the prosecution’s case was weakened by the NIA’s handling of the probe. The special court’s conclusion that there was no cogent evidence to warrant a conviction is disputed by the victims’ families, who argue that conspiracy cases often rely on circumstantial evidence.

The family members also raised concerns about the NIA’s special public prosecutor, alleging that there was pressure to slow down the case against the accused. The appeal alleges that the investigation was compromised, and crucial evidence was ignored or mishandled.

In their appeal, the family members of six deceased victims have requested the code to issue notices to all the respondents, including the acquitted accused. The prosecution in the case, the National Investigation Agency, is yet to file an appeal.

After a 17-year-long wait and examination of hundreds of witnesses, the NIA special court acquitted all seven people accused under the Unlawful Activities (Prevention) Act, Arms Act and all other charges. The court had examined 323 prosecution witnesses and eight defence witnesses before pronouncing the verdict.

The seven people have been acquitted of all charges under the Unlawful Activities (Prevention) Act, Arms Act and all other charges.”Prosecution proved that a blast occurred in Malegaon, but failed to prove that the bomb was placed in that motorcycle”, Judge Abhay Lohati said.

The court also mentioned that there was some manipulation of medical certificates. The court has concluded that the injured people were not 101 but 95 only, and there was manipulation. In some medical certificates,” the court said.

The court also said that there is no evidence of storing or assembling the explosives in Prasad Purohit’s residence, who was another accused in the case.”No sketch of the spot was done by the investigation officer while doing the panchnama. No fingerprint, dump data or anything else was collected for the spot. The samples were contaminated, so reports can’t be conclusive and relied upon,” the court said.

On the alleged role in the Abhinav Bharat organisation, the court said that there was no evidence of the funds of the organisation being used for terror activities. (ANI)