Malegaon case gets the Right dose of dilution; Sadhvi Pragya discharged
In a complete U-turn, the NIA dropped all charges against Sadhvi Pragya Thakur and five others in the 2008 Malegaon blast case
Mumbai: In a complete U-turn, the NIA on Friday dropped all charges against Sadhvi Pragya Thakur and five others in the 2008 Malegaon blast case, while charges under the stringent MCOCA law have been given up against all the other 10 accused, including Lt Col Prasad Shrikant Purohit.
During investigation, "sufficient evidences have not been found against" Pragya Singh Thakur and five others, the NIA said, adding it has submitted in the chargesheet "that the prosecution against them is not maintainable".
Seven people were killed in twin blasts when people were coming out of prayers during Ramzan in 29 September 2008.
There have been a lot of twists and turns in the probe into the Malegaon blasts that was described as a handiwork of people associated with Hindu right wing groups.
The case was investigated initially by Joint Commissioner of Mumbai's ATS Hemant Karkare, who was killed during the 26/11 Mumbai attack. Before the NIA took over the case in 2011, ATS had booked 16 people but filed chargesheets on 20 January 2009 and 21 April 2011 against 14 accused in a Mumbai court.
Purohit and Pragya had moved several applications before Bombay High Court and Supreme Court challenging the chargesheet and applicability of stringent Maharashtra Control of Organised Crime Act (MCOCA) in the case.
Shiv Narayan Kalsangra, Shyam Bhavarlal Sahu, Praveen Takkalki, Lokesh Sharma and Dhan Singh Choudhury are the other five accused against whom charges have been dropped besides Sadhvi.
The agency also said during investigation that it has been established that no offence is attracted in this case under the Maharashtra Control of Crimes Act (MCOCA), in which any statement given before a SP level officer is admissible as an evidence.
"In furtherance of same, the confessional statements recorded under provisions of MCOC Act by ATS Mumbai have not been relied up on by the NIA in submitting the present Final report," the agency said in its chargesheet.
Lt Col Purohit and nine others will now be tried for charges including murder and conspiracy under the provisions of anti-terror law UAPA, IPC, Arms Act and Explosives Substance Act.
Director General of NIA Sharad Kumar told reporters today there was no dilution in the case.
Asked about the stand taken by the agency in the past when it had opposed the bail plea of Sadhvi and others even in the Supreme Court, he said "till our investigation was not complete, we had to go by the probe done by the ATS. Now that we have completed the investigations, we have submitted our final report (chargesheet)".
The chargesheet was today submitted by public prosecutor Geeta Godambe before Special Judge S D Tekale here.
Special Public Prosecutor in the case Avinash Rasal said he was not informed about the filing of the chargesheet (by the NIA). "I am hurt and I may resign from the case", Rasal said.
The Congress attacked the NIA decision to drop charges against Sadhvi Praygya and five others besides diluting the case against Lt Col and nine other accused.
Senior leader Digvijay Singh said "as I had predicted BJP and RSS have started the process of saving the Sangh Activists involved in Terror Cases."
"Was the DG of NIA given extension for this?" he asked.
Minister of State for Home Kiren Rijiju dismissed the allegation saying government does not interfere in the investigation by the agencies. "We allow agencies to work independently," he said.
After the proceedings ended and the judge left, Thakur bemoaned what she called as the "lack of facilities" in the courtroom. "This is not the way to treat people after calling (them to court)....there is no proper place to sit or stand here," she said.
The Bombay High Court, on Friday, sought the NIA's stand on a plea by the Malegaon blast accused Sadhvi Pragya Singh Thakur against the trial court's permission to a blast victim's father to assist the prosecution in the case.
AIMIM chief Asaduddin Owaisi on Monday accused the Modi government of "going soft" on terror cases after the Supreme Court granted bail to former Lt. Col. Prasad Shrikant Purohit