‘Grave suspicion but not enough proof’—what NIA court said as it acquitted Malegaon blast accused

Six persons were killed and scores injured when an explosive device went off near a mosque in Malegaon in 2008 | PTI File photo

Mumbai: A special NIA (National Investigation Agency) court in Mumbai noted that the prosecution had failed to provide reliable evidence while acquitting seven accused, including former BJP MP Sadhvi Pragya Singh Thakur, in the 2008 Malegaon blast case Thursday.

“There is a grave degree of suspicion but not enough to convict the accused, hence the court is extending benefit of doubt,” the judge said.

The blast case was the first time the term “saffron terror” was used. To this, the court said that “terrorism has no religion, and no religion teaches violence. So, the court cannot proceed on public perception”.

Thakur was in tears after the verdict was pronounced and thanked the judge. She hailed the verdict as a victory of “bhagwa” (saffron colour) and “Hindutva”.

“I had lived my life as a sanyasi (ascetic) but these people called me a terrorist. My entire life was destroyed. In my own country, I have been called a terrorist. I am happy that there is some judge who is understanding. This is the victory of Hindutva,” she said.

The court began the proceedings by going through the prosecution arguments and witnesses that were examined.

On the night of 29 September, 2008, during the month of Ramazan and eve of Navratri, explosives believed to have been hidden in a motorcycle had gone off in Malegaon. Six persons were killed and scores injured.

“Prosecution proved that a blast occurred in Malegaon, but failed to prove that the bomb was placed in that motorcycle,” the judge said.

The court said that though the prosecution was able to establish the deaths correctly, the number of injured, according to the evidence, stood at 95 and not 101 like the NIA had claimed. In some cases, the medical evidence was tampered with, so the total number of injured are 95, the court noted.

It also debunked the linking of RDX to former army officer Lt Col Prasad Purohit, one of the accused.

“There is no evidence of storage, assembly and procurement of RDX by Purohit from Kashmir,” special judge A. K. Lahoti said.

Apart from Thakur and Purohit, the other accused were Major Ramesh Upadhyay (retd), Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi, and Sameer Kulkarni. All were out on bail.

The court did not admit the forensic evidence in the case as it said that after the blast, a mob had vandalised the scene. There was no collection of DNA or fingerprints from the scene immediately and the evidence sent to the forensic lab hence was contaminated. “Hence, the result is inaccurate,” the judge said.

On the bomb being placed in the motorcycle, the court found the theory doubtful. The chassis number is required to identify the motorcycle and it was wiped off, and there was no reliable evidence that Thakur owned it, it said.

The court also did not find any concrete evidence regarding the meetings of Abhinav Bharat organisation. It further admitted that financial transactions took place between Rahirkar, Kulkarni and Purohit but the amount was used for personal work like house construction.

“Prosecution witnesses were also inconsistent and after considerable time lapse, doubts are raised on veracity of the prosecution version,” the judge said.

“Hence, there is no reliable evidence and there can be strong suspicion but mere suspicion is not enough,” the judge added.

Ranjeet Sangale, advocate for one of the accused, told the media after the verdict: “The court rejected the motorcycle theory. Also, certificates of the injured were fake and the court has ordered the DG ATS to probe who made these fake certificates. The court also asked for a probe into who planted the traces of RDX inside Sudhakar Chaturvedi’s house. The NIA not ATS did not prove any evidence in this matter and hence the court has acquitted them all.”

(Edited by Nida Fatima Siddiqui)