The special NIA court in Mumbai made several critical observations in the Malegaon 2008 blast case, granting relief to several accused due to unproven charges. The court pointed out significant flaws in the evidence presented by the investigative agencies.
The case initiated with a two-wheeler equipped with a bomb that exploded. However, the court found the vehicle’s engine and chassis numbers unreadable. Although the ATS claimed that the bike belonged to Sadhvi Pragya Thakur, the court observed she had relinquished ownership two years prior when she became an ascetic.
NIA Court Makes Critical Observations
Regarding RDX, the court commented on the lack of solid evidence about its source, transportation, and usage. Allegations were made against Lieutenant Colonel Prasad Purohit for transporting RDX from Kashmir to manufacture bombs in Nashik, but the evidence was considered insufficient to prove this.
Post-blast, thousands gathered at the scene, leading to stone-pelting and disruption of the site’s purity. The police neither mapped the location nor collected forensic evidence. The court also expressed doubts over a crucial piece of evidence, the laptop recording of accused Shankaracharya, which was unsealed and left open for 24 hours, raising concerns of potential tampering.
UAPA Sanction Process Found Incomplete
The process of phone call interception and UAPA sanctions was found incomplete and flawed. The court also mentioned the absence of proof that funds associated with Abhinav Bharat organization were spent on terrorist activities.