A special court in Mumbai acquitted all seven accused of the 2008 Malegaon Blast case after finding that the overall evidence presented by the National Security Agency was insufficient for conviction.
“Terrorism has no religion. Because no religion can advocate violence,” the court said while pronouncing the order. The 2006 Malegaon blast, which killed six and injured 101, was purported to be the first attack by Hindu extremists and the right wing group Abhinav Bharat. The special court’s order today is also significant for it follows Union Home Minister Amit Shah’s statement before the Parliament that Hindus can never be terrorists.
Special Judge AK Lahoti observed the evidence did not inspire confidence and the prosecution failed to prove its case thus giving the benefit of doubt to the accused who included ex-BJP MP Sadhvi Pragya Thakur and Lieutenant Colonel Prasad Purohit. The accused were facing anti-terror charges under the Unlawful Activities (Prevention) Act (UAPA), 1967, and several provisions of the Indian Penal Code (IPC), including conspiracy, murder, and promoting enmity.
The special court’s verdict comes nearly 17 years after a bomb allegedly strapped to a motorcycle exploded in a crowded area in Malegaon, Nashik killing six and injuring 101 people.
Giving a clean chit to the accused, the court also said that it would order a probe into who planted explosives at one of the accused, Sudhakar Chaturvedi’s house.
NIA Evidence: Why Did It Not Convince The Court?
The special NIA court said the prosecution’s evidence was insufficient and did not inspire confidence. The court said the NIA not only failed to prove that the bomb that went off was in fact strapped to a motorcycle, or that the vehicle belonged to Pragya Thakur since the engine number was unclear, and the chassis number had been wiped out.
The court observed that though it was alleged RDX was used in the blast, the NIA could not trace it to Lt Col Purohit’s residence or prove that he assembled the bomb. The court further pointed out discrepancies and cited “manipulation” in some instances pertaining to the medical certificates and custody documents pertaining to the accused.
Suspicion is not sufficient to prove conviction, the court said. Benefit of the doubt must go to the accused, the court concluded.
What happened in Malegaon?
On September 29 2008, a blast went off in Malegaon – a city almost 300 kms and six hours from Mumbai, during the holy month of Ramzan. The explosives which was allegedly strapped to a motorcycle went off in a crowded area killing six and injuring hundreds.
Also Read: 2006 Mumbai Train Blasts: Bombay High Court Acquits All 12 Convicts
How did the trial unfold?
The 17-year-long trial saw several twists and turns.
Maharashtra’s Anti-Terrorism Squad (ATS) led by its chief Hemant Karkare swung into action and began the probe in the immediate aftermath of the 2008 blast. However, in April 2011 the then UPA-led government transferred the case to the NIA.
In 2016, the premier probe agency dropped Maharashtra Control of Organised Crime Act (MCOCA) charges due to insufficient evidence but kept UAPA and IPC charges against the seven accused. The NIA also sought to drop Sadhvi Pragya Thakur as one of the accused, however, the special NIA court declined saying there was sufficient cause to continue with the proceedings against her.
In 2018, the trial finally began – 10 years after the blasts.
The court examined 323 prosecution and eight defence witnesses. Of these, almost 40 prosecution witnesses turned hostile.
The court perused 10,800 documents in evidence and the written submissions ran into three volumes and almost 1,300 pages. Five judges presided over the trial in a seven-year-period before judge Lahoti took over in 2023.
The court reserved its verdict on April 19 after hearing final arguments.