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Malegaon: The special Maharashtra Control of Organised Crime
Act (MCOCA) court in Mumbai today deferred the hearing on the bail
application of the 2006 Malegaon blast till February 09. By this
date, the court has directed the Central Bureau of Investigation
(CBI) to file the certified copy of the Swami Aseemanand's
confessional statement.
"The court has directed Central
Bureau of Investigation (CBI) to file the certified copy of Swami
Aseemanand's statement by February 09", Advocate Nehal Ansari said
while speaking to ummid.com on phone from Mumbai.
"As per the information received
from the Tees Hazari Court New Delhi, the CBI has the copies in
its hand", he said.
The court had on January 28 deferred
the hearing directing the petitioners to submit the certified copy
of the confessional statement of Swami Aseemanand by February 07.
The nine Muslim accused had moved to
the special court January 17 seeking bail on the basis of the
confessional statement of Swami Aseemanand, who is allegedly
associated with Hindu terrorist groups and has confessed about his
role in the 2006 Malegaon and other blasts.
The
petitioners following the court directives had applied for the
certified copy of the confessional statement in the Tees Hazari
Court in New Delhi. The court, however, declined to give the
copies.
"In its order dated February 04, the
court said Central Bureau of Investigation (CBI) had taken the
said copies from the court on December 20, 2010 and advised the
petitioners to take the copies from them", said Advocate Nehal
Ansari.
A series of blasts struck
Malegaon on September 08 in 2006 ahead of Shab-e-Barat, a
Muslim festival when thousands of people were busy offering Friday
prayers at the Hamidia Masjid. Another blast occurred at nearby
Mushawerat chowk few minutes later. 32 people had been killed and
more than 300 were injured in the blasts, most of them being
children.
Earlier on January 20 this year, a
Central Bureau of Investigation (CBI) team led by SP range officer arrived in Malegaon - the
Muslim dominated textile town in North Maharashtra to
re-investigate the entire case. The CBI team visited the town
after it was granted permission by the court for re-investigation
the case in the wake of Aseemanad's confession.
The Anti Terrorist Squad (ATS)
investigation of the 2006 Malegaon blast is receiving flak ever
since it arrested the Muslim youths in the attack on a mosque in
which the victims were all Muslims. Doubts were raised over the
investigation also by the families of the victims. After much of
an outcry the state government had decided to hand over the
investigation to the CBI. But it was done only after the ATS filed
its chargesheet accusing the Muslim youths of masterminding the
terror attack.
Interestingly, the CBI on November
16, 2009 in front of the Bombay High Court had said it did not
have evidence against the arrested Muslim youths. The CBI's
admission before the high court came during the hearing on the
petition filed by Mohd. Zahid, Noorul
Huda and Shabbir Masihulla - three of the nine accused in jail since
2006.
"The CBI has not filed a chargesheet or
report before the special court because it has no evidence", Public
prosecutor D.N. Salvi informed the Bombay High Court (HC) on
November 16, 2009.
The reply invited
the wrath of the High Court, which said that
the cause for the transfer of investigations after the charge sheet
was filed needed to be examined.
"Why the case was handed over to the
CBI after ATS filed its chargesheet. Was it because the Government
doesn't have faith in its own investigating team?", Justice Patil
asked.
When Public Prosecutor said it was
because of the public outcry that the investigation was handed over
to the CBI, it infuriated the bench.
"Then we should release these accused
on bail too. There is public outcry," said Justice Patel. "Who
cried? State is going to decide on public outcry or based on
facts?", he asked.
The case took an interesting turn
after Swami Aseemanand, the prime accused arrested in various blast
cases, admitted in his confession made before a magistrate that the
Muslim youths arrested in 2006 blast case were not guilty.
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