The Bombay High Court on Thursday issued notices to the National Investigation Agency (NIA) and the seven persons acquitted in the 2008 Malegaon blast case, including BJP MLA Pragya Singh Thakur and Lt Col Prasad Purohit.
This follows an appeal filed by the families of six persons killed in the blast, challenging a special NIA court's July verdict acquitting all accused.
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad has posted the appeal for hearing after six weeks. The bench had in the last hearing observed that the High Court is "not an open gate for everyone" to file appeals against acquittals and asked whether the family members who filed the appeal had been examined as witnesses during the trial. The bench had sought full particulars of the appellants' before proceeding further.
The petitioners contend that faulty investigation and procedural defects in the probe and trial cannot be grounds for acquittal. They also alleged that key evidence was either diluted or ignored.
The blast on September 29, 2008, in which six persons were killed and over 100 injured, occurred when an explosive device strapped to a motorcycle exploded near a mosque in Malegaon town in Nashik district.
The special NIA court had acquitted the accused on July 31, observing that "mere suspicion cannot replace proof" and citing lack of reliable and cogent evidence beyond reasonable doubt.
