Bombay HC Admits Appeal Against Acquittal In Malegaon Blast Case, Issues Notices To Accused And NIA

The Bombay High Court on Thursday issued notices to seven people accused in the Malegaon blast case after an appeal was filed by the family members of the victims. The appeal was filed by the family members of six persons who lost their lives in the blast against the acquittal judgment, PTI reported. 

The appeal was filed in the court last week arguing that a faulty investigation or some defects in the probe cannot be the grounds for acquitting the accused. They argued that the conspiracy (of the blast) was hatched in secrecy and hence, there cannot be direct evidence of it. They said that the order was wrong and bad in law and hence deserved to be quashed.

The bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad also issued notices to the prosecution (National Investigation Agency (NIA) and the Maharashtra government) and posted the appeal for six weeks later. 

The seven accused include former BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit.

On September 29, 2008, a bomb strapped to a motorcycle exploded near a mosque in Malegaon, a town approximately 200 km from Mumbai in Maharashtra’s Nashik district. The blast claimed six lives and left 101 others injured.

In its appeal, the petitioners argued that a trial court judge must not act as a "postman or mute spectator" during criminal proceedings. It emphasised that when the prosecution fails to bring out crucial facts, the court has both the authority and responsibility to question witnesses or summon them if necessary.

"The trial court, unfortunately, acted merely as a conduit, allowing a flawed prosecution to work in favor of the accused," the appeal stated.

The petition also raised serious concerns about the conduct of the National Investigation Agency (NIA) during both the investigation and the trial, and called for the conviction of the accused.

With PTI inputs