A special NIA court in Mumbai has acquitted all seven accused in the 2008 Malegaon blast case, citing a lack of concrete evidence. The verdict, delivered by Special Judge AK Lahoti, brings an end to a 17-year legal battle. The court stated that the prosecution failed to provide cogent and reliable evidence to establish guilt beyond a reasonable doubt. The case has brought into sharp focus the lapses in the investigation and raised concerns about the alleged torture of some of the accused.
Flaws in Investigation
The court highlighted several critical flaws in the investigation conducted by the Maharashtra Anti-Terrorism Squad (ATS) and later the National Investigation Agency (NIA). According to the court, the crime scene was mishandled, leading to the contamination of evidence due to mob violence. No proper sketch or forensic samples were collected, and the spot was not barricaded to preserve evidence.
The court also found fault with the seizure and handling of a laptop allegedly used to record conspiracy meetings, stating that it remained unsealed in ATS custody for over 24 hours, raising concerns of tampering. Furthermore, the court deemed the interceptions of phone calls among the accused inadmissible, as they were conducted without proper authorization. The prosecution also failed to prove that the motorcycle used in the blast belonged to Pragya Singh Thakur. The serial number of the motorcycle's chassis was not completely recovered by forensic experts.
Concerns about Torture
Pragya Singh Thakur stated in the NIA Court that she was illegally detained and tortured for 13 days. Other accused have also alleged torture and coercion during the investigation, claiming that their statements were recorded under pressure. The court observed that some material witnesses did not support the prosecution's case, and the testimony of those who did was found unreliable.
Reactions to the Verdict
The verdict has evoked varied reactions from different political parties and organizations. The BJP has welcomed the court ruling and demanded an apology from the Congress party for allegedly coining the term "saffron terror" and falsely implicating Hindu leaders. The Congress party has maintained that terrorism should not be associated with any religion and that the government has a responsibility to punish the guilty. AIMIM president Asaduddin Owaisi expressed disappointment with the verdict, stating that the community in Malegaon was targeted for their religion.
Compensation for Victims
The court has ordered compensation of Rs 2 lakh to the families of the deceased and Rs 50,000 to the injured victims, to be given by the government. Despite the acquittal, the court acknowledged the agony, frustration, and trauma caused to the victims and society.
The Malegaon blast case and the subsequent acquittal of all accused have raised serious questions about the quality of investigation, the handling of evidence, and the potential for bias in terrorism cases. The court's observations regarding the flaws in the investigation and the allegations of torture highlight the need for greater transparency and accountability in the criminal justice system.