Explosive in house or on bike? Malegaon blast judgement flags gap in probe; raises torture concerns

Time of India

4 days ago

NEW DELHI: A special NIA court's damning acquittal order in the 2008
Malegaon blast case
has exposed major contradictions between the Maharashtra Anti-Terrorism Squad (ATS) and the National Investigation Agency (NIA), raising serious concerns over coercion, flawed evidence, and the legality of the investigation.
As per PTI, in the 1,036-page verdict, Special Judge AK Lahoti acquitted all seven accused, including BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit, citing a lack of reliable and conclusive evidence.
Contradictory charges: House vs bike
The court flagged glaring inconsistencies between ATS and NIA versions of how and where the bomb was assembled. According to the ATS, the RDX device was put together in a house in Pune and then handed to a now-absconding accused.
The NIA, however, stated it was fixed onto a motorcycle in Indore and transported via the Sendhawa bus stand.
"Thus, there is a material variance in their charge sheets and both the investigation agencies are not consistent with each other on the material aspects like fitting, transporting and involvement of accused," the judge observed, as reported by PTI.
The court said the prosecution could not prove the ownership of the explosive-laden motorbike, nor conclusively establish that the blast was caused by the said vehicle.
'The prosecution proved that a blast occurred in Malegaon but failed to prove that bomb was placed in that motorcycle,' the judge said.
Torture, coercion, and fabrication of evidence
According to PTI, the judgement raised serious concerns over allegations of torture, coercion, and illegal detention of both accused and witnesses by ATS officers. Multiple witnesses testified that their statements were taken under duress and that they were physically assaulted.
While prosecution argued that no formal complaints were filed, the court countered that absence of complaints does not invalidate the claims. 'This raises serious concern over the credibility of the evidence collected by the ATS,' it said, noting that similar allegations were not made against NIA officers.
The court directed its judgement be sent to the Directors General of both ATS and NIA for appropriate action.
Court slams use of UAPA, highlights gaps
The court noted that charges under the Unlawful Activities (Prevention) Act (UAPA) were filed without proper application of mind. The right-wing group 'Abhinav Bharat', allegedly linked to the accused, has never been banned or classified as a terror organisation.
The court found no evidence that Purohit had stored or transported RDX from Kashmir, where he was posted, or that he assembled the bomb. It added that though money from Abhinav Bharat may have been used to fund construction of Purohit's home, it did not prove intent to commit terrorism.
The acquittal comes 17 years after the September 29, 2008 blast, which killed six and injured over 100 people near a mosque in Malegaon, a communally sensitive town in Maharashtra.
The Maharashtra government has been ordered to compensate victims' families with Rs 2 lakh each and injured persons with Rs 50,000.