Last week, a Special National Investigation Agency (NIA) Court in Mumbai acquitted all seven accused individuals in the 2008 Malegaon bomb blast case which included former BJP MP Pragya Singh Thakur and Lieutenant Colonel Prasad Purohit. The prosecution, the court noted, failed to substantiate the charges against the accused, which included conspiracy, involvement in terrorist activities, and the possession and use of explosives.
A political thunderstorm which has swept India ever since was not surprising. But the way it is polarizing the Indian society is breath-taking. Some politicians are behaving literally like headless chooks, not knowing what to say. For instance, almost all of the Congress spokespersons – blamed the NIA which has had the charge of the matter for the last 14 years, since 2011 to be exact. The incident took place in 2008. And the Congress party ruled India for ten years between 2004 and 2014. And the state government in Maharashtra was also led by the Congress at the time.
Thus, all the agencies, the state and federal, including the NIA, were under the Congress party’s rule, from the day the 2008 Malegaon bomb blast took place. And the evidence in any crime is collected, protected and saved in the initial 72 ‘golden’ hours. Apparently, the BJP had no say, as is being suggested by the Congress and other members of the Indi alliance.
Clearly, if the NIA or any agency is to be blamed, the Congress, in turn should blame itself. That is, if the acquitted in fact did commit the crime. If someone else did, sure someone did as the September 29, 2008 blast actually took place and six people lost their lives and more than hundred were injured, then how come the investigation focussed on the accused, who, as per the court, did not commit the crime?
It seems, as many experts have opined, the blast was a political job, to smear the saffron image. If that is true, then the job was assigned to unsmart people who could not frame the accused well enough to earn them convictions and although 17 years too late, all of them have been found to be innocent.
Delivering the judgement in the Malegaon blast case, acquitting all of the accused of charges under Sections 120-B, 153-A, 302,307, 326, 324, 427 IPC and sections 16 and 18 of the Unlawful Activities (Prevention) Act, 1967 and Sections 3, 4, 5 and 6 of the Explosive Substances Act, 1908, the special NIA Court Judge AK Lahoti noted:
”Upon comprehensive evaluation of the entire evidence available on record, I am of the considered view that the prosecution has failed to adduce cogent, reliable, and legally acceptable evidence. The testimony of prosecution witnesses is riddled with material inconsistencies and contradictions. Such discrepancies undermine the credibility of the prosecution’s case and fall short of establishing the guilt of the accused beyond reasonable doubt.”
The Court found serious flaws in evidence collection, unreliable witness testimonies and procedural lapses during the investigation, which ultimately resulted in the acquittal of all accused – including Pragya Singh Thakur and Lt. Colonel Prasad Shrikant Purohit.
Pragya Singh Thakur, a former BJP MP was accused of being a key figure in the conspiracy that ultimately resulted in the blast while Purohit was accused of arranging the RDX for the blast which, the court found was not even used in the blast.
Pragya Singh Thakur has claimed that she was physically tortured by police while in custody including by the Mumbai Police Commissioner at the time Param Bir Singh himself, who she claims beaty her up with belts.
Reason for her arrest was the accusation that she owned and provided the LML Freedom motorcycle that was allegedly used in the bombing. The Court however found no proof that the motorcycle either belonged to Thakur or she had exclusive possession or control over the motorcycle found at the blast site.
“Moreover, ongoing through the charge-sheets coupled with the testimony of aforesaid witnesses, it clearly shows that A-1 was not in possession of the said vehicle after taking the Sanyas. It was in the exclusive possession of AA-1 (Ramji Kalsangra). Thus, AT’S and NIA themselves claimed that the vehicle was in possession of absconding accused AA-1 (Ramji Kalsangra) since the beginning. A-1 had renounced the material world prior to some years of the alleged bomb-blast, which clearly shows that she was not in possession of the said motorcycle,” the Court said.
As per the Court, the claim that the bomb was strapped onto the motorcycle was mere ‘guess work’.
“Mere, blast on the site and damaged condition of motorcycle, is not a conclusive proof of fitting explosive inside the dikki i.e. beneath the seat of said motorcycle. The damages caused to the motorcycle is also possible, if explosives are placed or hanged or kept on the motorcycle from outside or in close proximity to it. At the cost of repetition, considering the entire evidence coupled with admission given by PW-261 (Dr. Suhas Bakre), the possibility cannot be ruled out of hanging or placing the explosive materials from outside to the vehicle,” the judgment stated.
Lt Col. Purohit, was a serving army officer in 2008. He was accused of procuring RDX from Kashmir, where he was claimed to have been posted at the time of the Malegaon blast. The Court found no evidence of that.
“As per prosecution, the A-9 had brought the RDX from Kashmir and stored in his house and with the help of co-accused they had prepared the IED in the house of A-11 which was fitted in the LML Freedom Motor-cycle. As discussed earlier, there is absolutely no evidence on the point of source, transportation, storage, fitting, recci and parking of alleged motor-cycle fitted with RDX except the bare allegations. The prosecution could not prove the meetings held at alleged places among the accused were with the object to commit alleged illegal activities which are against the interest and / or security of the nation,” the Court said.
The investigating agencies even failed to prove that Purohit was posted in Kashmir prior to have organized the RDX for the blast.
“The Investigating Agencies had not inquired or collected or filed any documentary evidence on record to show that A-9 was posted at Kashmir during the particular period. Admittedly, for transportation of RDX, several formalities are required to be completed along-with several permissions. Transportation of RDX cannot be done like other articles. There are several checks and restrictions for transportation of RDX. Not a single witness has deposed that, anyone had seen A-9 during his posting at Kashmir at a specific place or for a particular period or he has procured the RDX or he has brought the RDX. Thus, in the absence of any positive evidence, I am not inclined to accept that A-9 has brought any RDX from Kashmir as alleged,” the Court added.
Whether the real culprits of the Malegaon bomb blast will ever be found and brought to face justice is a question bothering many Indians.
But some thought should be spare for those falsely implicated, who have lost 17 prime years of their lives, falling prey to a well thought out Machiavellian conspiracy.