Court rues delay in Malegaon case

Mumbai: The special National Investigation Agency (NIA) court on Friday expressed anguish over some of the accused in the 2008 Malegaon bomb blast case remaining absent from court, and said that they were intentionally trying to delay trial.

The judge, as a last chance, deferred framing of charges in the case till October 30 and said that if the case accused were not present in court on the appointed day, “appropriate order will be passed.”

Special NIA Judge V.S. Padalkar took serious note of some of the accused remaining absent from court despite having fixed October 26 for framing of charges. While fixing October 30 for framing of charges, the Judge observed, “In case the accused don’t appear before the court on the date given by the court, appropriate order will be passed.”

“It appears to the court that the accused are intentionally avoiding appearing before the court as the court had already noticed and fixed the matter for framing of charges,” he observed.

Judge Padalkar said, “It appears that they have the intention to prolong the matter and disobey the orders of the Supreme Court whereas directions have been issued to expedite the matter. Even then, the case is in the primary stage of framing of charges. Despite having knowledge of the Supreme Court orders, the trial court could not proceed for one or the other reason. There is no stay of the Supreme Court or the high court.”

“Copy of the charges is ready, however, as Friday, some of the accused are not present before the court, the charges could not be framed,” he said. “Advocates may take note and make the accused remain present before the court on the next date. The order has been passed in front of lawyers, the special public prosecutor, and the accused present in court,” the Judge said.

At this stage, accused Sadhvi Pragya Singh Thakur’s lawyer Prashant Maggu requested the judge to fix a date later than October 29 (when the Judge was giving this date) saying that Sadhvi was wheelchair-bound and that they needed to make special arrangements to bring her from Madhya Pradesh. The court was also informed that the HC had fixed October 29 for hearing an appeal filed by Col. Purohit.

On advocate Maggu’s request, the Judge deferred framing of charges in the case till October 30.