The Bombay High Court has accepted the appeal of the victim families in the 2008 Malegaon blast case and issued notice to seven accused with the NIA, which was acquitted by the special NIA court. The case was stated to be the flaws of the investigation and lack of evidence.
Mumbai: The Bombay High Court has accepted the appeal filed by the families of the victims in the 2008 Malegaon blast case. The court has issued notice to the National Investigation Agency (NIA) and seven accused who were acquitted by a special NIA court. The 2008 blast took place on 29 September near a mosque in Malegaon city of Nashik district of Maharashtra. Six people were killed and more than 100 people were injured in the incident. The case was initially investigated by the Maharashtra Anti-Terrorism Squad (ATS) and was later handed over to the NIA in 2011.
Court gives notice to NIA
The Division Bench of Justice AS Gadkari and Justice RR Bhosle heard the case and said that it will be heard again after six weeks. Notices have been issued to all defendants including NIA and seven people acquitted in this case. The Division Bench of the Bombay High Court on Thursday heard the appeal and allowed it to pursue it. On 9 September, the appeal was filed by the family members of the deceased victims, which challenged the Special NIA court’s decision to acquit all the accused, including Pragya Singh Thakur and Lieutenant Colonel Prasad Purohit.
The victim’s family objected to NIA lawyer and acquitted people
He argues that the investigation had flaws and the prosecution case weakened by the NIA’s way of handling the investigation. On the conclusion of the special court that there was no concrete evidence to pronounce the punishment, the families of the victims have objected. He says that the cases of conspiracy often remain on circumstantial evidence.
Family members also expressed concern over the NIA special government lawyer and alleged that there was pressure against the accused to slow down the case.
The appeal alleged that the investigation was compromised and important evidence was ignored or tampered with.
In his appeal, the family members of six deceased victims have requested the court to issue notices to all the defendants, including the accused acquitted. The prosecution in this case, ie the National Investigation Agency, has to file an appeal. After 17 years of long wait and investigation of hundreds of witnesses, the NIA’s special court acquitted all the seven people accused under the illegal activities (prevention) Act, Arms Act and all other allegations.
What the NIA court had told the reason for acquitting 7 people…
The court had investigated 323 witnesses of the prosecution and eight witnesses from the defense before the court pronounced the verdict. The seven people have been acquitted of illegal activities (prevention) Act, Arms Act and all other allegations. Judge Abhay Lohati said, “The prosecution proved that there was a blast in Malegaon, but failed to prove that the bomb was placed in that motorcycle.”
The court also stated that some medical certificate was manipulated. The court said, “The court has come to the conclusion that the injured were not only 101 but only 95, and some medical certificates were manipulated. There is no evidence of depositing or making explosives at the house of another accused in this case. The investigating officer did not make any sketch of the spot while doing the Panchma. No fingerprints, dump data or some other was not being conferred. Can and cannot be trusted. “