Mumbai: Seventeen years after the 2008 Malegaon blast that claimed six lives and left 101 injured, a special NIA court in Mumbai on Thursday acquitted all seven accused, including ex-BJP MP Pragya Singh Thakur and Lt. Col. Prasad Purohit, citing a lack of credible evidence.
However, what stood out in the judgment was the court’s strong rebuke of the initial probe and its direction for an inquiry against the Maharashtra Anti-Terrorism Squad (ATS) for alleged fabrication of medical certificates and planting of evidence.
Court Pulls Up ATS For Lapses In Probe
The court pulled up the ATS for serious procedural lapses and misconduct during the early phase of the investigation. It noted possible manipulation in medical certificates. These findings led the court to recommend an inquiry to verify the actions of the ATS officers involved.
NIA Admits Loopholes In ATS Chargesheet
The NIA itself admitted to legal loopholes in the original ATS chargesheet and chose not to rely on parts of it. The retractions by witnesses during the reinvestigation further weakened the prosecution’s case.
Given the overall lack of credible and legally sustainable evidence, the court granted benefit of doubt to all accused. But it made it clear that the conduct of the ATS in this case warrants further scrutiny.
Among the major observations was the court’s conclusion that the bomb was not planted inside the motorcycle, as previously alleged, but placed outside it. There was no conclusive proof regarding who parked the motorcycle or who planted the bomb. The panchnama of the spot was found faulty, and the court highlighted that evidence collection was done without expert supervision, which contaminated the site and rendered forensic findings unreliable.
No Evidence Linking Explosive To Pragya Thakur & Lt. Col. Purohit
No evidence was found linking the source, transportation, or storage of RDX to Lt. Col. Purohit. The court also said there was no material to prove he had prepared the explosive device. Similarly, there was no cogent or reliable evidence that the motorcycle belonged to Pragya Thakur or that she was connected to it in any way.
Key witnesses who were expected to help establish a conspiracy later turned hostile or retracted their statements. The court said that while suspicion may exist, suspicion alone does not constitute proof beyond reasonable doubt.
