2008 Malegaon Blast: Bombay HC Issues Notice To NIA, 7 Acquitted Persons On Appeal By Victims’ Kin

Bombay High Court

The Bombay High Court on Thursday issued notices to seven persons acquitted in the 2008 Malegaon blast case, following an appeal filed by families of the victims.

Notices were also sent to the National Investigation Agency (NIA) and the Maharashtra government. The matter will now be heard after six weeks.

A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad was hearing the appeal filed by relatives of the 6 people who lost their lives in the explosion.

Appeal Challenges Acquittal

The appeal contests the judgment of a special NIA court delivered on July 31, which acquitted seven accused, including BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit. The petitioners argued that the order was “wrong and bad in law” and deserved to be set aside.

They maintained that deficiencies in investigation cannot form the sole basis for acquittal, especially in cases involving conspiracies carried out in secrecy where direct evidence may not be available.

Victims’ Families Criticise Trial Court

The appeal accused the special court of failing to play its role in ensuring justice, stating:
“The trial court has unfortunately acted as a mere post office and allowed a deficient prosecution to benefit the accused.”

It argued that judges in criminal trials are not meant to act as mute spectators and, when necessary, can summon witnesses or question them to bring out facts.

Concerns Over NIA Probe

The petitioners also raised doubts about the NIA’s handling of the investigation, claiming the agency diluted charges after taking over the case from the Maharashtra Anti-Terrorism Squad (ATS).

They noted that the ATS had unearthed a conspiracy by arresting the seven accused, and since then, there had been no blasts in areas heavily populated by minority communities. According to them, this underlined the credibility of the ATS probe, which the NIA later weakened.

The 2008 Malegaon Blast

On September 29, 2008, an explosive strapped to a motorcycle detonated near a mosque in Malegaon, Nashik district, around 200 km from Mumbai. The blast killed six people and injured over 100 others.

The prosecution alleged that the attack was carried out by right-wing extremists with the aim of terrorising the Muslim community in the communally sensitive town.

Court’s Findings

While acquitting the accused, Special NIA Judge A.K. Lahoti held that “mere suspicion cannot replace proof” and that there was no cogent or reliable evidence to establish guilt beyond reasonable doubt.

Besides Pragya Singh Thakur and Lt Col Purohit, the other acquitted accused were retired Major Ramesh Upadhyay, Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi, and Sameer Kulkarni.