HC seeks clarification from NIA over delay in commencement of trial

The Bombay High Court on Wednesday directed the National Investigations Agency (NIA) to file a reply giving a clarification on the ‘delay’ in the commencement of trial in the infamous 2006 Malegaon Blast.

The direction came from a division bench presided over by Justice Naresh Patil and Justice Prakash Naik while hearing an application moved by Dhansingh and Lokesh Sharma.

It may be recalled that both Dhansingh and Lokesh Sharma are accused in the 2006 Malegaon blast, which took place on September 8, 2006, killing nearly 37 people.

Singh and Sharma, both were recently denied bail by a special Maharashtra Control of Organised Crime Act (MCOCA), which is trying the case.

Prashant Maggu, the counsel appearing for the accused told the court that his clients were in custody since last three years and the special court is yet to frame charges against them.

Maggu, informed the bench that the special court discharged nine co-accused in the case in April, this year. He also informed the bench that his clients were charged under the Unlawful Activities (Prevention) Act (UAPA) while the nine co-accused (who are been discharged) were charged with UAPA as well as the stringent MCOCA.

Speaking about the investigations, Maggu told the bench that Anti Terorrism Squad (ATS) initiated with the probe followed by the Central Bureau of Investigation. He told the bench that NIA took over the probe in 2013. He also told the bench that the chargesheets filed by both CBI as well as ATS implicated the now discharged co-accused but it was only from the findings in the NIA’s chargesheet the special court discharged them.

Upon hearing that the special court is yet to frame charges, the bench enquired about the same from the counsel appearing for NIA.

With no impressive response, the bench directed the NIA to file a reply and spell out the reasons for the delay in commencement of the trial in the case.

The bench has posted the matter after two weeks.