Explosive in house or on bike? Malegaon blast judgement flags gap in probe; raises torture concerns | India News

NEW DELHI: A particular NIA courtroom’s damning acquittal order in the 2008 Malegaon blast case has uncovered main contradictions between the Maharashtra Anti-Terrorism Squad (ATS) and the National Investigation Agency (NIA), elevating critical concerns over coercion, flawed proof, and the legality of the investigation.As per PTI, in the 1,036-page verdict, Special Judge AK Lahoti acquitted all seven accused, together with BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit, citing an absence of dependable and conclusive proof.

Contradictory prices: House vs bike

The courtroom flagged obvious inconsistencies between ATS and NIA variations of how and the place the bomb was assembled. According to the ATS, the RDX gadget was put collectively in a house in Pune after which handed to a now-absconding accused. The NIA, nevertheless, acknowledged it was mounted onto a bike in Indore and transported through the Sendhawa bus stand.“Thus, there is a material variance in their charge sheets and both the investigation agencies are not consistent with each other on the material aspects like fitting, transporting and involvement of accused,” the decide noticed, as reported by PTI.The courtroom stated the prosecution couldn’t show the possession of the explosive-laden motorcycle, nor conclusively set up that the blast was attributable to the stated car. “The prosecution proved that a blast occurred in Malegaon but failed to prove that bomb was placed in that motorcycle,” the decide stated.

Torture, coercion, and fabrication of proof

According to PTI, the judgement raised critical concerns over allegations of torture, coercion, and unlawful detention of each accused and witnesses by ATS officers. Multiple witnesses testified that their statements have been taken beneath duress and that they have been bodily assaulted.While prosecution argued that no formal complaints have been filed, the courtroom countered that absence of complaints doesn’t invalidate the claims. “This raises serious concern over the credibility of the evidence collected by the ATS,” it stated, noting that comparable allegations weren’t made towards NIA officers.The courtroom directed its judgement be despatched to the Directors General of each ATS and NIA for acceptable motion.

Court slams use of UAPA, highlights gaps

The courtroom famous that prices beneath the Unlawful Activities (Prevention) Act (UAPA) have been filed with out correct utility of thoughts. The right-wing group ‘Abhinav Bharat’, allegedly linked to the accused, has by no means been banned or categorised as a terror organisation.The courtroom discovered no proof that Purohit had saved or transported RDX from Kashmir, the place he was posted, or that he assembled the bomb. It added that although cash from Abhinav Bharat might have been used to fund development of Purohit’s residence, it didn’t show intent to commit terrorism.The acquittal comes 17 years after the September 29, 2008 blast, which killed six and injured over 100 individuals close to a mosque in Malegaon, a communally delicate city in Maharashtra.The Maharashtra authorities has been ordered to compensate victims’ households with Rs 2 lakh every and injured individuals with Rs 50,000.(With inputs from PTI)