Mumbai, Aug 1 (PTI) A special court here in its judgment acquitting seven persons in the September 2008 Malegaon blast case refused to accept the defence’s claim that banned outfit Students Islamic Movement of India (SIMI) could be behind the incident but noted that the investigating agency should have looked into every angle.
Special NIA Judge A K Lahoti, in his 1036-page judgment, which was made available on Friday, said the Maharashtra Anti Terrorism Squad (ATS) that had probed the blast case initially had failed to investigate the angle of SIMI’s involvement in the commission of the crime.
The accused persons had claimed the explosion had taken place outside a building housing a SIMI office and that the ATS was aware of the it.
The court in its judgment noted that ATS officer Mohan Kulkarni, who was the then chief investigating officer, during his examination admitted there was an office of banned terror outfit Students Islamic Movement of India (SIMI) in the vicinity of the blast.
Kulkarni was aware of this but still did not investigate as to whether SIMI’s office was operational or not at the time and if any of its members were present in the same locality at the time, the court said.
“Admittedly, they had not investigated from this angle to rule out the possibility that there was no involvement of SIMI,” the court said.
The court further noted that as per one witness, a girl was seen standing near the motorcycle just before the explosion.
In what direction the matter is to be investigated is the sole prerogative of the investigating officer, the court noted, though it added that when certain facts come to the probe agency’s knowledge then those angles are also required to be considered and investigated.
The advocates for the accused during their arguments had claimed that SIMI activists may have been the conspirators of the blast.
The court, however, refused to accept this and draw a conclusion in the absence of any investigation or evidence to show that SIMI activists were involved in the offence and had carried out the blast.
On Thursday, special judge Lahoti had acquitted all the seven accused including former BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit in the blast case noting that the prosecution had failed to prove the case against them beyond reasonable doubt.
The verdict came 17 years after an explosive device strapped to a motorcycle went off near a mosque in Malegaon town, located about 200 km from Mumbai, on September 29, 2008 killing six persons and injuring 101 others.
The probe was initially carried out by the state Anti-Terrorism Squad (ATS). It was later handed over to the National Investigation Agency. PTI SP AVI BNM
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