The Bombay High Court on Tuesday observed that it was “not an open gate for everyone” to challenge acquittals in the 2008 Malegaon blast case, and directed the appellants to clarify whether family members of the victims were examined as witnesses during the trial.
A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad was hearing an appeal filed by relatives of the six persons who lost their lives in the September 29, 2008 blast. The appeal challenges the July 31 order of a special National Investigation Agency (NIA) court acquitting all seven accused, including BJP MP Pragya Singh Thakur, Lt Col Prasad Purohit, and five others.
During Tuesday’s hearing, the bench sought to know if appellants had participated in the trial as prosecution witnesses. Counsel for the families admitted that the first appellant, Nisar Ahmed, who lost his son in the blast, was not examined as a witness but promised to provide full details on Wednesday.
“If the appellant’s son died in the blast, then he should have been a witness. You have to indicate whether they were witnesses or not. This is not an open gate for everyone,” the bench remarked.
The matter will be taken up again on Wednesday.
The appeal, filed last week, contends that the trial court erred in acquitting the accused despite evidence of a larger conspiracy uncovered by the Maharashtra Anti-Terrorism Squad (ATS). It argues that:
- A criminal conspiracy, by its nature, is hatched in secrecy and does not yield direct evidence.
- The trial judge failed in his duty by acting as a “postman or mute spectator,” instead of stepping in to seek clarity when the prosecution faltered.
- The NIA, which took over the probe, diluted the case and allowed lapses in the investigation to benefit the accused.
The petitioners said the acquittal was “bad in law” and must be set aside.
The NIA court, presided by Special Judge A.K. Lahoti, had acquitted the seven accused on the grounds that there was no “reliable and cogent evidence” to prove the case beyond reasonable doubt. The court held that “mere suspicion cannot replace real proof” and pointed to significant gaps in the prosecution’s investigation.
The accused who walked free include: Pragya Singh Thakur, Lt Col Prasad Purohit, Major Ramesh Upadhyay (retired), Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi, and Sameer Kulkarni.
The blast occurred on September 29, 2008, when an explosive strapped to a motorcycle detonated near a mosque in Malegaon town, Maharashtra’s Nashik district. Six people were killed and 101 injured in the incident. Investigators alleged that the attack was carried out by right-wing extremists to terrorise the Muslim community in the communally sensitive town.
