‘Judgement shows contradictions in probe by NIA and ATS’

Mumbai: A special court, in its acquittal order in the 2008 Malegaon blast case, has highlighted a running battle between the Maharashtra Anti-Terrorism Squad (ATS) and the National Investigation Agency (NIA), pointing out stark contradictions in their probe.

In the over 1,000-page order, the judge noted that the ATS’s chargesheet claimed the explosive device with RDX was fitted in a house in Pune which was in sharp contrast to the NIA’s finding that the device was fitted to a motorbike in Indore and transported to Malegaon from the Sendhawa bus stand.

“Thus, there is a material variance in their charge sheets and both the investigation agencies are not consistent with each other on the material aspects like fitting, transporting and involvement of accused,” said the judgement of special NIA judge A K Lahoti who acquitted all seven accused including former BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit in the case on Thursday.

The court also emphasised that a charge sheet’s allegations are insufficient without supporting evidence.

“The mere wording of chargesheet cannot be construed as conclusive proof,” the judge remarked, adding that the prosecution bears the entire burden of proof in a criminal case and cannot rely on the weakness of the defence.

The judge reiterated the five “golden principles” for a conviction based on circumstantial evidence, which include conclusively establishing the circumstances, consistent facts, conclusive evidence and presenting a complete chain of evidence ensuring no reasonable doubt is left about the accused’s innocence.

While the ATS first probed the September 29, 2008 blast in north Maharashtra’s Malegaon that killed six persons and left 101 others injured, the NIA later took over the case.

Though the offences were against the security and integrity of the nation, “the law does not dilute the standard of proof”, judge Lahoti said.

He was “fully aware of the degree of agony, frustration, and trauma caused to society at large and, more particularly, to the families of the victims by the fact that a heinous crime of this nature has gone unpunished”, he acknowledged.

“No doubt, the terrorism has no religion because no religion in the world preaches violence. The court of law is not supposed to proceed on popular or predominant public perceptions about the matter,” the judgment said.

The NIA, in its supplementary charge sheet, claimed that ATS officers had threatened some witnesses to

falsely implicate the accused, it noted.

“The prosecution could not prove the (conspiracy) meetings held at alleged places among the accused were with the objective to commit alleged illegal activities...,” it said.