Almost a month
after a special court dropped charges under a stringent
anti-terrorist act against 11 accused in the Malegaon bomb blast
case, the state government Monday decided to appeal against the
ruling in the Bombay High Court.
On July 31,
Special Judge Y.D. Shinde had dropped the stringent Maharashtra
Control of Organised Crime Act (MCOCA) against all the 11 accused,
dealing a major blow to the state investigating authorities.
A division bench
comprising Justice Bilal Nazki and Justice A.R. Joshi, while
declining the state's plea to stay the lower court order, slated the
next hearing Sep 8, said G. Sovani, lawyer for one of the prime
accused, Sadhvi Pragnya Singh Thakur.
"The court further
directed the state to serve copies of its appeal to all the accused.
In the meantime, we have also filed a bail application for Sadhvi,
which would be taken up later by the court," he said.
Until the matter
comes up before the Bombay High Court, the case will not start in
the Nashik Court, according to Sovani.
"The MCOCA special
court had granted the relief on grounds that the charge sheet filed
against one of the prime accused, Rakesh Dhawade by the police in a
matter pertaining to the Jalna court, was not sustainable. Hence, it
dropped the MCOCA charges against the accused," Sovani explained.
Squad (ATS), Mumbai, had arrested 11 people, including the Sadhvi,
in connection with the Sep 29, 2008, Malegaon blast which left six
dead and 20 injured.
Besides the Sadhvi,
the other prominent accused include Lt Col Prasad S. Purohit, a
serving Indian Army officer who helped to procure RDX for the
blasts; retired Indian Army Major Ramesh Upadhyaya, who allegedly
trained the conspirators in bomb making techniques; Shymlal Sahu,
owner of a mobile phone shop in Bhopal who allegedly planted the
bomb, and Rakesh Dhawade, a Pune-based weapons expert who is accused
of helping the conspirators procure weapons.