2008 Malegaon blast: Bombay High Court adjourns hearing on appeal against acquittal over incomplete details

The seven accused acquitted in the case included former BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit.

Mumbai: The Bombay High Court on Wednesday adjourned the hearing on an appeal against the acquittal of seven accused in the 2008 Malegaon blast case over incomplete details submitted about the appellant family members of victims.

Earlier, the HC on Tuesday said it was "not an open gate for everyone" to file an appeal against acquittal in the blast case, and sought details if the victims' family members were examined as witnesses in the trial.

On Wednesday, the appellants' lawyer submitted a chart of the details, but the bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad said it was incomplete.

The family members' lawyer told the bench that the first appellant, Nisar Ahmed, whose son died in the blast, was not a witness in the trial.

Ahmed was, however, allowed by the special court to intervene and assist the prosecution during the trial, he said.

The lawyer added that out of the six appellants, only two were examined as prosecution witnesses.

The high court said the chart did not specify so.

"The chart is confusing. You need to verify it properly. Whether these persons were examined or not, that is the question. The chart is incomplete," the court said and adjourned the hearing till Thursday.

The HC was hearing an appeal filed by the family members of the six persons who lost their lives in the blast against the acquittal judgment.

On September 29, 2008, an explosive device strapped to a motorcycle went off near a mosque in Malegaon town, located about 200 km from Mumbai in Maharashtra's Nashik district, killing six persons and injuring 101 others.

The appeal challenged a special court judgment acquitting the seven accused in the case, including former BJP MP Pragya Thakur and Lt Col Prasad Purohit.

The HC bench on Tuesday sought to know if the family members were examined as witnesses in the trial.

The appeal filed last week claimed that a faulty investigation or some defects in the probe cannot be grounds for acquitting the accused. It also contended that the conspiracy (of the blast) was hatched in secrecy and hence, there cannot be direct evidence of it.

The petitioners claimed the order passed by the special NIA court on July 31, acquitting the seven accused, was wrong and bad in law and hence deserved to be quashed.

The appeal said the trial court judge should not act as a "postman or mute spectator" in a criminal trial. When the prosecution failed to elicit facts, the trial court can ask questions and/or summon witnesses, it added.

"The trial court has unfortunately acted as a mere post office and allowed a deficient prosecution to benefit the accused," the appeal said.

It also raised concerns over the manner in which the National Investigation Agency (NIA) conducted the probe and trial in the case and sought the accused to be convicted.

The state Anti-Terrorism Squad (ATS), by arresting the seven persons, unearthed a large conspiracy and since then, there has been no blast in areas populated by the minority community, the appeal said.

It claimed the NIA, after taking over the case, diluted the allegations against the accused persons.

The special court had, in its judgment, said mere suspicion cannot replace real proof and there was no cogent or reliable evidence to warrant a conviction.

Special judge A K Lahoti, presiding over the NIA court, had said there was no "reliable and cogent evidence" against the accused that proved the case beyond a reasonable doubt.

The prosecution's case was that the blast was carried out by right-wing extremists with the intention to terrorise the Muslim community in the communally sensitive Malegaon town.

The NIA court, in its judgment, had flagged several loopholes in the prosecution's case and the investigation carried out, and said the accused persons deserved the benefit of doubt.

Besides Thakur and Purohit, the accused included Major Ramesh Upadhyay (retired), Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi and Sameer Kulkarni.