[The motorcycle used in 2008 Malegaon blast was traced to Sadvhi Pragya SIngh Thakur and herr consequent arrest. (ummid.com file photo)]
Mumbai: A Special NIA court in Mumbai on Wednesday refused to exonerate Sadhvi Pragya of conspiracy charges in the 2008 Malegaon blasts case as, the court said, she was aware about the motorcycle being used for the attack.
The NIA court however dropped all charges under MCOCA against Sadhvi Pragya, (Retd) Major Ramesh Upadhyay, Ajay Rahikar and Lt Col Purohit in the Malegaon blasts case.
Both Sadhvi Pragya and Purohit, however, will be tried under UAPA section 18 and other charges of the IPC. All the accused are already out on bail and will continue to be on bail. Their previous bonds and sureties will continue.
Sadhvi Pragya and Lt Col Purohit will still be tried under Sections 120 B, 302, 307, 304, 326 , 427 153 A of IPC, along with section 18 (conspiracy) of UAPA.
Moreover, as all accused are out on bail, all previous bonds and sureties will continue according to the special NIA court's directive.
In addition, three other accused, Praveen takalki, Shyamlal Sahu, Shivnarayan Kalsangra have been entirely discharged from case- with no objection from the NIA.
The next date of hearing in the special NIA court has now been set for January 15.
The 2008 Malegaon blast was the first case where a "Hindu terror group" had been named. It pertains to a blast that took place in Bhikku Chowk, Malegaon on September 29, 2008 in the month of Ramadan and two days before Eid, leaving eight dead and injuring more than 80 people.
The case was first investigated by the Maharashtra Anti-terrorism Squad under the late Hemant Karkare.
The trail led first to Sadhvi Pragya Singh Thakur after a golden LML Freedom bike parked outside the blast site was found to have been allegedly registered under her name. Her arrest was followed by the arrest of Colonel Purohit, who was alleged to have provided the RDX for the blasts, and retired Major Ramesh Upadhyay.
The NIA took over the case on the direction of Home Ministry on April 13, 2011. Fourteen people were chargesheeted in the case including Pragya Singh Thakur, Major Ramesh Upadhyay, Lt Col Prasad Purohit, Sameer Kulkarni, Rakesh Dhawade, Sudhakar Dwivedi aka Dayanand Pandey, Sudhakar Chaturvedi, Pravin Takalki, Shivnarayan Kalsangra, Shyam Sahu, Ajay Rahirkar, Jagdish Mhatre. Two accused – Ramchandra Kalsangra and Sandeep Dange – are still absconding.
The NIA, while not objecting the bail of Sadhvi Pragya Singh Thakur, opposed Purohit's bail plea and argued that there was prima facie evidence in the form of audio and video recordings, call data records and witness statements that prove his involvement in the case.
According to NIA, Purohit had taken active part in the conspiracy meetings and even agreed to arrange explosives to be used in the blast.
Purohit had argued that the NIA was "selective" in exonerating some accused persons and that the agency had made him a "scapegoat" in the case.
Later on Purohit and other accused too were granted bail and set free one by one.
Interestingly,Sadhvi Pargya, Purohit and other accused in Malegaon blasts case were granted bail soon after Rohini Salian, the special public prosecutor in the case, alleged that the National Investigation Agency (NIA) had asked her to "go soft" on the accused after the Narendra Modi government assumed power in May last year.
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