Malegaon case: Crucial turn came in 2012

While the decision on discharge application of nine Muslim accused in the 2006 Malegaon bomb blast case came on Monday, the case took a crucial turn in 2012 itself when Swami Assemanand, an accused in the 2007 Mecca Masjid bombing case, allegedly revealed to the probe agency the role of a Hindu right wing outfit in the 2006 Malagaon blasts case.

The star witness of the ATS, Abrar Ahmed, on the basis of whose statement all the nine accused from Malegaon were arrested, turned hostile in 2010 and had filed a detailed affidavit (in Urdu) claiming that the ATS had lured him to give false evidence against all accused.

Three accused persons of this case had also moved court seeking discharge at that time on the basis of the affidavit filed by Abrar, claiming that his current confession in the form of affidavit is in his mothertongue Urdu and the confession given to ATS is in Hindi and contains what could be complicated words in the language for Abrar. However, the court had rejected their application at that time.

Later, the case took a turn when Swami Aseemanand alias Jatin Chatterjee, an accused in Samjhauta train blast case, stated in his confessional statement before a magistrate that the Malegaon blasts was masterminded by a Hindu group.

The NIA started investigations on this line and arrested four accused from a right-wing group. Now these accused will face trial. Another four are absconding.

The arrest of the second set of accused paved way for the release of nine accused on bail and they also field discharge application later. Advocate Khan Abdul Wahab, one of the defence lawyers appointed by Jamiat-e-Ulema Maharashtra to defend these accused, said, “Other accused of this case had filed for discharge and once the court comes to the conclusion that all the accused in the matter are innocent, then the court has the power to discharge an accused even if he has not filed for discharge.”

Another defence lawyer, Sharif Shaikh, said, “People of India, especially Muslims, had lost their faith on the investigating agencies and political parties because in each and every bomb blast they were implicating Muslims. But the people of the community have faith on Indian judiciary and finally the court discharged the accused. This has proved that the innocent get justice in our system.”