Is the Acquittal in the 2008 Malegaon Blast Case Justified?

Synopsis
Key Takeaways
- Six relatives of Malegaon blast victims appeal against acquittal.
- Special NIA court's ruling is labeled legally flawed.
- The bombing occurred during the holy month of Ramzan.
- Sadhvi Pragya Singh Thakur alleges torture during investigation.
- NIA is reviewing the case for potential appeal.
Mumbai, Sep 9 (NationPress) Six family members of the victims of the 2008 Malegaon blast have challenged the acquittal of all seven accused, labeling it as “incorrect and legally flawed”, in a petition submitted to the Bombay High Court, as reported by their lawyer on Tuesday.
The appeal, filed by Nisar Ahmed Sayyed Bilal and five other relatives through their attorney Mateen Shaikh on Monday, seeks to overturn the July 31 ruling by Special NIA Judge A.K. Lahoti that released the accused.
In its verdict, the Special NIA court dismissed the investigators’ claims of “Saffron or Hindu terror”, providing the accused with the benefit of doubt. Those acquitted include Sadhvi Pragya Thakur, Lt. Col. Shrikant Purohit, Major (Retd) Ramesh Upadhyay, Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi, and Sameer Kulkarni.
The bombing occurred on September 29, 2008, in Malegaon, a town in Maharashtra known for its communal sensitivity, killing six individuals and injuring 101 when a motorcycle bomb detonated near a mosque during the holy month of Ramzan.
Following her acquittal, Sadhvi Pragya Singh Thakur asserted that she endured torture for refusing to disseminate false information throughout the investigation.
She criticized the investigative process, accusing authorities of custodial torture, coercion, and politically motivated harassment.
The appeal to the High Court against the acquittal comes as the NIA is reportedly reviewing the acquittal decision to determine if an appeal is necessary or timely.
Last month, an NIA spokesperson stated that the agency was still analyzing the judgment and had not yet made a decision on whether to pursue an appeal.
Another NIA official indicated that legal consultations are underway at the branch level, and a decision regarding future actions will be made accordingly.
He clarified that when a court ruling is issued in a case, it is first sent to the Chief Investigating Officer (CIO), who then seeks legal advice on whether to appeal.
He also mentioned that while a decision on filing a review petition is typically made within 30 days, the deadline for filing an appeal can be extended up to 90 days.