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From missing chassis numbers to inconclusive forensics and flawed voice tests, the NIA court found the Malegaon blast case riddled with investigative lapses
The Maharashtra Anti-Terrorism Squad (ATS) initially led the investigation, quickly tracing the motorcycle’s ownership and making several arrests, alleging the involvement of Hindu right-wing extremist groups. File pic/PTI
After nearly 17 years of trial, a special NIA court in Mumbai on Thursday acquitted all seven accused in the 2008 Malegaon blast case, including BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit, citing lack of evidenceprocedural lapses, and a botched investigation. The verdict brings to a close one of India’s most politically sensitive terror cases.
What The Court Said About The Motorcycle
At the heart of the prosecution’s case was a motorcycle allegedly used to plant the bomb. But the court ruled that it could not be proven that the explosion was triggered using the said bike, or even that the vehicle belonged to Sadhvi Pragya. The chassis number was missing, no fingerprints were recovered, and forensic evidence remained inconclusive. Any visual similarity with Thakur’s motorcycle, the court said, was not enough to establish ownership.
The court concluded that the bike’s role, projected as the smoking gun, failed to withstand legal scrutiny.
RDX Allegations & Purohit’s Role
The court found no evidence that Lt Col Prasad Purohit ever stored RDX at his residence or was in possession of explosives. In fact, the bench noted that the prosecution failed to place any credible material linking Purohit to handling or procuring RDX. This struck at the very core of the case, which was built on the assumption of a planned terror act involving military-grade explosives.
Conspiracy Meetings: No Proof
A key element of the terror conspiracy theory was the alleged series of secret meetings to plan the blast. But the court said this claim could not be substantiated. Moreover, the voice sampling test, which the prosecution leaned on to support the conspiracy angle, was found to be procedurally flawed and not conducted as per legal norms.
Financial Link To Abhinav Bharat Rejected
The court also dismissed the charge that the accused had donated funds to the Hindu nationalist outfit Abhinav Bharat and that these funds were channelled into terror activities. There was no evidence, it said, linking the accused to any such transactions, nor to using the outfit as a terror vehicle.
Forensic & Legal Gaps
- The spot panchnama (site report) was poorly conducted
- No evidence of RDX on the alleged bike
- No concrete link between any of the accused and the blast site
- UAPA invoked without proper sanction
- MCOCA charges withdrawn, making related confessions legally invalid
- 37 of 323 witnesses turned hostile, further weakening the case
‘Suspicion Is Not Evidence’
Delivering the verdict, the court noted that “suspicion alone cannot be the basis for conviction” and said the benefit of the doubt must go to the accused. While acknowledging that a blast had indeed taken place and killed six people near Bhikku Chowk in Malegaon during Ramzan on September 29, 2008, the bench said the prosecution had failed to prove the accused were behind it.
A Long Legal Road
The Maharashtra ATS initially probed the case and arrested Sadhvi Pragya and others in late 2008. In 2011, the investigation was transferred to the NIA. The trial formally began in 2018 and stretched over seven years, during which the accused repeatedly claimed they had been framed. Several accused, including Pragya and retired Army officer Ramesh Upadhyay, have also alleged custodial torture by then-ATS officer Param Bir Singh, who has refused to comment on the verdict.
Compensation Ordered, But Closure Elusive
While acquitting all seven, the court ordered Rs 2 lakh to be paid to the families of the deceased and Rs 50,000 to the injured. But for survivors and victims’ families, the verdict may offer little solace. “I was innocent; 17 years of my life have been wasted,” said Sameer Kulkarni, one of the acquitted, reflecting the bitterness that marked the long trial.
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d…Read More
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d… Read More
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