Mumbai: The special NIA court judge, S. D. Tekale on Wednesday passed a detailed order while deciding on the discharge application filed by the seven accused, including Sadhvi Pragya Singh Thakur and Lt. Col. Prasad Purohit. In his order, the judge has said that Thakur cannot be exonerated of conspiracy charges, as she was aware about a motorcycle that was used in the blast. The judge also gave reasons why Maharashtra Control of Organised Crime Act (MCOCA) is not applicable in this case.
While deciding on Sadhvi’s discharge plea, the judge said, “Considering all evidence at this stage, evidence of prosecution witness 22, can be used to say that Thakur had knowledge about involvement of her motorcycle in the blast and her dissatisfaction about causing less casualties. Hence it is difficult to accept submissions on behalf of Thakur that she had no concern with the present crime as she had been exonerated by NIA.”
The judge has further observed that there is no material to show that in the year 2003-04, when the incident (blasts) at Parbhani and Jalna took place, Abhinav Bharat was in existence. “There is no material to show that during that period Dhawde or any other accused in those cases had any connection with present accused persons at that time. In such circumstances, it cannot be said that accused persons, including Dhawde committed the act in Parbhani and Jalna as a member or on behalf of crime syndicate Abhinav Bharat,” observed the judge. This observation is important as the conditions for MCOCA to sustain are that the accused should be associated with an organised crime syndicate, which act continuously for pecuniary gains.
