Mumbai, Jul 31 (PTI) Nearly 17 years after the Malegaon blast that led to the deaths of six people, a special court on Thursday acquitted all seven accused, including former BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit, citing a lack of "reliable and cogent evidence" against them. No religion preaches violence, the court remarked, emphasizing that terrorism is not tied to any religious beliefs, and convictions cannot be based solely on perceptions. Special Judge A K Lahoti, presiding over cases for the National Investigation Agency (NIA), identified several flaws in both the prosecution's case and the investigation process. He concluded the accused warranted the benefit of doubt.
An explosive, reportedly attached to a motorcycle, detonated near a mosque in Malegaon, located roughly 200 km from Mumbai, on September 29, 2008, resulting in six fatalities and injuring 101 people. Besides Thakur and Purohit, the other accused were Major Ramesh Upadhyay (retired), Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi, and Sameer Kulkarni.
Upon their acquittal, the accused expressed relief and gratitude towards the judge and their legal representatives. As the court delivered its judgment, it recognized an absence of "reliable and cogent" evidence required for a definitive conviction. "Mere suspicion cannot be the substitute for actual proof," the court emphasized, stating the accused merited the benefit of doubt without substantial evidence backing the claims.
Provisions of the Unlawful Activities (Prevention) Act (UAPA) were deemed inapplicable to this case, added the court. The court also refuted the prosecution's assertion that the motorcycle used in the blast was registered under Thakur's name. Furthermore, the court noted the unproven claim that the explosion resulted from a bomb attached to the motorcycle.
Before the verdict, all seven accused, who were on bail, arrived at the south Mumbai sessions court, which was heavily secured. The charges against them included orchestrating a terrorist act under the UAPA, alongside violations of the Indian Penal Code and the Arms Act. The prosecution alleged that the blast was executed by right-wing extremists to intimidate the local Muslim community.
The NIA, responsible for the investigation, sought "appropriate punishment" for the accused. The trial commenced in 2018 and concluded on April 19 of this year. Initially, the investigation was conducted by the state Anti-Terrorism Squad (ATS), which laid the blame on right-wing extremists affiliated with the 'Abhinav Bharat' group.
The NIA, which later took over, initially exonerated Thakur, yet the court identified prima facie evidence necessitating her trial participation. In its closing argument, the NIA posited that the Malegaon blast—targeting a town with a significant Muslim populace—was intended to instill fear in the Muslim community, generate communal discord, and threaten state security. Notably, the blast occurred during Ramzan, shortly before Navratri, underscoring the alleged intent to incite terror in the Muslim community.
The charges against the accused included sections 16 (committing terrorist act) and 18 (conspiracy to commit a terrorist act) under the UAPA, as well as several sections under the IPC, such as 120(b) (criminal conspiracy), 302 (murder), 307 (attempt to murder), 324 (voluntarily causing hurt), and 153(a) (promoting enmity between religious groups). During the trial, the prosecution introduced testimony from 323 witnesses, though 37 of these witnesses retracted their initial statements.
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