Need to test witnesses who made U-turn: Court
THE WITNESSES WHO HAD IMPLICATED PUROHIT AND THAKUR BEFORE THE ATS WENT BACK ON THEIR WORDS WHEN THE NIA BEGAN ITS PROBE IN THE CASE
MUMBAI: The special NIA court, which refused to discharge Lt Col Prasad Purohit and Sadhvi Pragya Thakur from the 2008 Malegaon blast case, observed that the witnesses who had retracted their statements before the NIA had to be tested when they depose before the court.
The Anti-terrorism Squad (ATS) had recorded statements of witnesses who had implicated Purohit and Thakur, claiming they had attended conspiracy meetings. However, the witnesses went back on their words when the NIA began its probe.
The court observed: “The investigation report filed by the NIA has not wiped out directly or impliedly the initial investigation conducted by the ATS and investigation reports filed by the ATS are also required to be con- sidered along with the report of NIA to see whether there is prima facie case against the accused persons.”
The central agency, after taking over the blast case, had re-examined key witnesses cited by the Maharashtra ATS. These witnesses were allegedly present in the conspiracy meetings held in Faridabad in January 2008 and Bhopal in April 2008.
The statement of witness ‘PW112’ before the ATS shows that in the said meeting, Purohit talked about the necessity to take revenge from the Muslim community. The witness has stated that Thakur said she was ready to arrange persons who would carry out such an act.
However, the witness, whose statement was re-recorded by the NIA retracted from his original statement.
Another witness, ‘PW79’, had told the ATS that he was present at the Bhopal meeting. However, this witness denied his presence in Bhopal when the NIA re-examined him.
The ATS had recorded the statement of a confidante of Purohit, who had claimed that the army officer had showed him a bag containing RDX. However, when the NIA questioned him, the said witness said that ATS officers had forced him to give the statement.