HC issues notices on appeal against Malegaon acquittals
MUMBAI, Sept. 19 -- The Bombay High Court on Thursday issued notices to former BJP MP Pragya Singh Thakur, serving army officer Prasad Purohit, the National Investigation Agency (NIA) and others on appeals filed by the families of victims of the 2008 Malegaon bomb blast, challenging the acquittal of all seven accused by a special NIA court on July 31.
After perusing the details of the appellants, the bench of chief justice Shree Chandrashekhar and justice Gautam A Ankhad directed the appellants' counsel to serve the notices on the acquitted accused and scheduled the next hearing after six weeks.
The court was hearing an appeal filed by families of six persons killed in the blast in Malegaon on September 29, 2008 - the appellants were Nisar Sayyed Bilal (father of deceased Sayed Ajahr), Shaikh Liyaqat Mohiuddin (father of deceased Shaikh Farheen Shaikh Liyaqat), Shaikh Ishaque Shaikh Yusuf (brother of deceased Shaikh Mushtaq), Usman Khan Ainullah Khan (uncle of deceased Irfan Khan), Mushtaque Shah Haroon Shah (son of the deceased Haroon Shah), and Shaikh Ibrahim Shaikh Supdo (father-in-Law of deceased Shaikh Rafique).
The appellants had moved the court through advocate Mateen Shaikh on September 8, challenging the acquittal of all the seven accused in the blast. Special NIA Judge AK Lahoti, while acquitting the accused, held that suspicion could not replace proof. There was no "reliable and cogent evidence" to establish guilt of the accused beyond reasonable doubt, the special court had said in the order, pointing at multiple loopholes in the probe.
In their appeal, the petitioners contended that lapses in investigation could not justify acquittal. Conspiracies of this nature are hatched in secrecy, making direct evidence rare, the appellants said, and accused the trial court of functioning like a "post office" by failing to step in when the prosecution's case faltered. The special NIA court could have summoned additional witnesses or posed questions to bring out facts, but instead permitted a "deficient prosecution to benefit the accused", the appellants said.
The appellants accused the NIA of "failing miserably" in protecting witnesses and not filing any perjury cases against witnesses who turned hostile. Citing alleged political interference in the case, they claimed that 13 crucial documents, which comprised key evidence against the accused, mysteriously disappeared from the court's custody.
"Shockingly neither the prosecution conducted any inquiry, nor did the court order any investigation or registration of an FIR," they said.
The appellants also alleged that the NIA, after taking over the case from the Maharashtra Anti-Terrorism Squad (ATS), watered down the allegations against the accused. The ATS had exposed the conspiracy by arresting the seven accused in 2008, and since then, no bomb attacks had occurred in minority-dominated areas across the country, the appellants said. They described the special court's judgment as "bad in law" and urged the high court to quash it....
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