Mumbai: Upon an application of the main accused BJP MP Pragya Thakur in the 2008 Malegaon blast case, a special court has directed the National Investigation Agency (NIA) to assess witnesses on their relevance before summoning them.
Thakur had claimed in her plea that the prosecution was calling witnesses not relevant to the trial. She also complained that on the day fixed for the deposition of the witnesses, the agency is showing WhatsApp messages and emails to say that they are unavailable.
The special public prosecutor for the agency Avinash Rasal had submitted to this, that it is the prerogative of the prosecution on which witnesses are to be examined and how the trial is to be conducted. The court was also told that the witnesses come from outstation and it is not possible to ascertain details till they come to court.
Special NIA Judge AK Lahoti observed that the agency is not bound to examine all witnesses and is at liberty to drop those causing multiplicity in evidence. The court conceded that the prosecution has the liberty to call witnesses to prove its case. It refused to interfere in the prosecution’s discretion to call the witnesses unless it is shown to it that the agency is influenced by some motive. It said further that the agency is not at liberty to choose its witnesses as it should be fair to the court and to the truth. The court said that it would be erroneous to infer that the NIA is unnecessarily securing witnesses to delay the trial.
In the blast that took place on Sep 29, 2008, in Bhiku Chowk of Malegaon town in the state, six persons had died and approximately 100 were injured. Ms Thakur and Lt Col Prasad Purohit are among those facing trial.
