MCOCA charges against Pragya, Purohit dropped
But will face trial for conspiracy in Malegaon blast case: Court
Lieutenant Colonel Prasad Purohit and Sadhvi Pragya Singh Thakur, accused in the 2008 Malegaon blast case, will not be tried under the tough law against organised crime, but will face trial for conspiracy and terror charges, a court said.
A special NIA court on Wednesday rejected the discharge application of seven accused, including Sadhvi Pragya and Lt. Col. Purohit, in the 2008 Malegaon bomb blast case and held that Sadhvi Thakur cannot be exonerated of conspiracy charges as she was aware of the motorcycle that was used in the blast. However, the court dropped provisions of the stringent Maharashtra Control of Organised Crime Act ( MCOCA) from the case.
“There is evidence to suggest that the accused number one ( Thakur) had knowledge about the involvement of her motorcycle,” the court said in its ruling on Sadhvi Pragya’s discharge plea.
It also separated the trial of the two accused, while discharging three others from the case.
Sadhvi Pragya will now face trial under Sections 16 and 18 of the Unlawful Activities Prevention Act ( conspiring for and committing/ organising a terror act) and under the Indian Penal Code for criminal conspiracy, murder, attempt to murder and causing hurt, besides charges under the Explosive Substances Act and Arms Act.
Since the court has not dropped charges of criminal conspiracy and murder, the convict could be awarded capital punishment if the charges are proved. However, the removal of the stringent MCOCA charges would mean that the prosecution would not be able to use the confession of the accused against other accused.
Six people were killed and 101 injured when an improvised explosive device strapped to a motorcycle went off in Malegaon, a town with a sizeable Muslim population in north Mahar- ashtra’s Nashik district, on September 29, 2008.
The Anti- Terrorism Squad ( ATS) of the Maharashtra police, which probed case initially, charged Pragya
Thakur, Col. Purohit and 11 others for the blast.
After the National Investigation Agency took up the case in 2011, the charges against the accused have been dropped or diluted.
In the chargesheet filed in May last year, NIA accused the Maharashtra ATS of planting RDX traces to frame Lt. Co. Purohit, and said that evidence against Sadhvi Pragya Thakur was not sufficient to justify prosecution.
“It is concluded that no offence under MCOCA is attracted in the instant case. Confessional statements recorded by the ATS are not relied upon by the NIA,” the NIA chargesheet said.
In April this year, Sadhvi Pragya was granted bail by the Bombay high court, which said no case was made out against her. But the high court denied bail to Lt. Col. Purohit, who then approached the Supreme Court.
Four months later, the Supreme Court granted bail to Lt. Col. Purohit while pointing out that there were “material contradictions” in the chargesheets filed by ATS and the NIA. The court on Wednesday, relying on the NIA’s chargesheet, decided to drop certain sections against the accused. The court also said that Sections 17, 20 and 23 of the Unlawful Activities ( Prevention) Act have been dropped against all accused. These sections relate to raising funds for a terrorist organisation, being part of a terrorist organisation and aiding someone who is part of a terrorist organisation. This part of the ruling gives relief to the saffron outfit Abhinav Bharat, which was accused by Mumbai ATS of providing arms training to rightwing activists.
Special judge Shripad Tekale discharged Shiv Narayan Kalsangra, Sham Bhawarlal Sahu and Pravin Takalki as it found that there was no evidence against them in connection with the 2008 Malegaon blast case. The court has also dropped all the charges, except sections relating to the Arm Act, against Rakesh Dhawde and Jagdish Chintaman Mahatre and directed that their case be transferred to a principal district and sessions court.