Mumbai: A special NIA court on Wednesday rejected the discharge application of seven accused, including Sadhvi Pragya Singh Thakur and Lt. Col Prasad Purohit in the 2008 Malegaon bomb blast case.
The court held that Ms Thakur cannot be exonerated of conspiracy charges as she was aware about the motorcycle that was used in the blast. However, the court dropped provisions of the stringent Maharashtra Control of Organised Crime Act (MCOCA) from the case. It also discharged three persons from the case and has separated the trial of the two accused. “There is evidence to suggest that the accused number one (Thakur) had knowledge about the involvement of her motorcycle,” the court said in its ruling on Thakur’s discharge plea.
The accused will now face trial under sections 16 and 18 of the Unlawful Activities Prevention Act (conspiring for and committing/organising a terror act) and under the Indian Penal Code for criminal conspiracy, murder, attempt to murder and causing hurt, besides charges under the Explosive Substances Act and Arms Act.
Since the court has not dropped charges of criminal conspiracy and murder, the convict could be awarded capital punishment if the charges are proved. But the removal of the stringent MCOCA charges would mean that the prosecution would not be able to use the confession of the accused against other accused, which would make its task more difficult.
The NIA investigation has contradicted the ATS on several counts resulting in the dilution of certain sections from the case and the court on Wednesday decided to drop certain sections from the accused. The court also said the UAPA sections 17, 20 and 23 have been dropped against all accused. These sections relate to raising funds for a terrorist organisation, being part of a terrorist organisation and aiding someone who is part of a terrorist organisation. This part of the ruling gives relief to the saffron outfit Abhinav Bharat, which was accused by Mumbai ATS of providing arms training to right-wing activists.
Special judge Shripad Tekale discharged Shiv Narayan Kalsangra, Sham Bhawarlal Sahu and Pravin Takalki as it found that there was no evidence against them in connection with the 2008 Malegaon blast case. The court has also dropped all the charges, except sections relating to the Arm Act from Rakesh Dhawde and Jagdish Chintaman Mahatre.
