Mumbai: The Muslim accused, who were wrongly arrested in the 2006 Malegaon blast case, on Thursday demanded from the Special MCOCA court to reject and dismiss the objections raised by Dhan Singh, Lokesh Sharma and others on their discharge applications stating that they were illegal, misleading and filed with malafide interest to create confusion.
"Application filed by Dhan Singh and others with ulterior motive and malafide intention with feeble attempt to obstruct to this Hon'ble Court to come to the true conclusion of the present matter", Advocate Shahid Nadeem Ansari and Advocate Abdul Wahab Khan, said in their reply filed in Mumbai's Special MCOCA court on behalf of Noorul Huda and other Muslim youth who were wrongly implicated in the 2006 Malegon blast case.
"There is no provision under law which permits the co-accused to take objection on the discharge application filed by any accused. The application filed by Dhan Singh and others is erroneous and misconceptions of law", they added.
"It appears that the said accused are taking an objection to confuse this Hon'ble Court, as the investigation conducted by the National Investigation Agency (NIA) is disclosing totally different facts, than the investigation conducted by Maharashtra'a Anti Terrorist Squad (ATS)", they said.
Dhan Singh had objected to the discharge of the Muslim youth. Another accused Lokesh Sharma raised similar objections in the court today.
"We have submitted the same reply on the objections filed by Dhan Singh and Lokesh Sharma both", Advocate Sahid Nadeem said while talking to ummid.com.
"The court has fixed October 18 as the date for argument", he added.
The National Investigating Agency (NIA) had on August 29, 2013 in its reply filed in the Special MCOCA court left it on the court to take a decision on the discharge applications of the Muslim youth.
"The NIA in its 07 page reply filed in the MCOCA court today did not oppose the discharge applications filed by the Muslim accused who were arrested in the 2006 Malegaon blast case and left it on the court to take a decision", Advocate Shahid Nadeem Ansari, defence lawyer said while talking to ummid.com.
The NIA in its application said that it conducted thorough investigations in the case before arriving at the conclusion, he added.
"In view of the submission made above, the honourable court may kindly pass appropriate order in the matter", the NIA said in its reply.
Five accused in the 2006 Malegaon bomb blasts case had on July 19, 2013 filed application seeking discharge from the case over contradiction in chargesheet filed by various probe agencies.
Accused Noorulhuda Samsodhoha, Shabbir Ahmed Masiullah, Raess Ahmed Rajjab Ali Mansuri, Mohammed Zahid Abdul Majid and Abrar Ahmed Gulam Ahmed moved an application on behalf of Jamiat Ulama-e-Maharashtra - an NGO providing them legal aid.
In their application before a designated Maharashtra Control of Organized Crime Act (MCOCA) court, they pointed to various alleged contradictions in the earlier chargesheet filed by the Maharashtra Anti-Terrorist Squad, the Central Bureau of Investigation and later the National Investigation Agency (NIA) which took over the probe in the case.
On June 26, two other accused, Mohamed Ali Shaikh and Asif Bashir Shaikh, had filed similar applications seeking discharge in the case. Similarly on August 03, Dr.Farogh Iqbal Ahmed Makhdumi, another accused in the case had filed an application before the designated MCOCA court seeking discharge from the case in the wake of the latest chargesheet filed by National investigation agency (NIA).
A decision on the discharge applications however was withheld following the objection raised by Dhan Singh and other Hindu accused charged in the case.
A series of blast on September 08, 2006 had taken place inside Hamidiya Masjid adjacent to qabristan. Another blast took place a little far away at Mushawerat Chowk, The incidents occurred on the day of Shab-e-Barat, when hundreds of Muslims throng to the qabristan.
About 34 people were killed and more than 300 were injured in the blasts.
Police had blamed local Muslim youths for the blasts, and booked nine Muslim youths in the case.
Later investigations however revealed that Muslim accsued were innocent and the blasts were carried out by Hindu terrorists.
The development in the case came after Maharashtra ATS led by Hemant Karkare, who was killed in Mumbai terror attack, cracked the September 2008 blast in Malegaon and arrested Hindu terrorists inclduing a Sadhvi and a serving army officer.
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