"I Said In 2009 Itself...": Mahesh Jethmalani To NDTV On Malegaon Verdict

After all the seven accused in the 2008 Malegaon blast case -- including BJP leader Pragya Thakur -- were acquitted by a special court on Thursday, senior lawyer Mahesh Jethmalani, who represented Ms Thakur during her early bail proceedings, criticised the foundations of the case. 

Speaking to NDTV, Mr Jethmalani said that the charges were politically driven, and because of this, a faulty investigation was inevitable. 

"If you're running a narrative as opposed to embarking upon an investigation for the truth of the matter, you are bound to be conducting a faulty investigation. And therefore, if your motive is political and not to search for the truth, that is what is going to happen, and you had a faulty investigation, and the judge said no evidence at all against these persons. I said that in 2009 itself, when I first took up Sadhvi Pragya's case for bail, I said it was a case completely based on oral evidence. There was nothing at all." Mr Jethmalani told NDTV. 

The court, presided by Special Judge AK Lahoti, held that the prosecution failed to establish any direct links between the accused and the 2008 Malegaon blast. It found that mere suspicion could not substitute for legal proof in a criminal trial. The court also ruled that the provisions of the stringent UAPA were not applicable in the case.

On the question of whether officials responsible for prosecuting the case should now face consequences, Mr Jethmalani pointed the finger at the political establishment. The veteran lawyer laid the blame partly on the UPA-era leadership, accusing it of using investigating agencies to manufacture a narrative of 'Hindu terror'.

"If you have a political motive as opposed to a search for truth, if you want to create this 'Hindu', 'saffron' terror theme in a dastardly attack where several innocent people were killed, then that's what's going to happen. You're going to have a false investigation, which a court won't accept," Mr Jethmalani said. 

"Who are the officials who pushed this case forward?" he asked. "The narrative was set politically, right? And unfortunately, if you're investigating officers in such heinous crimes, then you should really be going for the top people. You'll make a scapegoat out of a few officers who followed a faulty line of investigation. Maybe you should, maybe you will get the truth as to why they did it."

Six people were killed in the blast that occurred on the night of September 29 2008, near Bhikku Chowk in the communally tense town, located about 200 km from Mumbai, during the holy month of Ramzan. The acquittals have left the victims' families without closure, and the lack of convictions raises difficult questions. 

"There is a travesty. It just shows that we have reached a new low in our country, where people are politicising terror. As a result of such politicisation, the real perpetrators behind these dastardly crimes are getting away. Maybe this matter needs to be reinvestigated, but don't forget that these cases were initially handled by the Anti-Terrorist Squad in Maharashtra and then by the NIA. You don't get more prestigious institutions than those. Those are the standards," Mr Jethmalani said. 

"I've been lamenting the standards in every institution. Did you think you'd see a judiciary where cash was found in such large amounts and in sacks? The whole thing is mind-boggling. Let's face it. People won't say this but our criminal justice system leaves much to be desired. It's in shambles at the moment," he added. 

In a 500-page judgment, Special Judge Lahoti held that the prosecution failed to prove key claims. While it was established that a bomb blast occurred, the court found no evidence conclusively tying the explosive to the motorbike allegedly owned by Ms Thakur. Nor did the prosecution sufficiently demonstrate the participation of the accused in any conspiracy.

The court also awarded compensation to the victims with Rs 2 lakh for the families of those killed and Rs 50,000 for each of the 101 injured.