"Terror Has No Religion, But...": Accused In Malegaon Blast Case Acquitted

Nearly 17 years after a powerful bomb tore through Maharashtra's Malegaon, killing six people and injuring more than a hundred, a special court in Mumbai today acquitted all seven accused in the case, including former BJP MP Pragya Thakur and former army officer Lt Col Prasad Shrikant Purohit. 

The blast 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.

Special Judge AK Lahoti, presiding over the case assigned to the NIA, said today that the prosecution failed to prove the allegations in the case and that all seven accused deserve the benefit of doubt. Judge Lahoti said that the prosecution could not prove that the motorcycle used in the blast belonged to Pragya Thakur, adding that the engine number was unclear, and the chassis number had been wiped out.

The court concluded that terrorism has no religion, but it cannot convict on mere perception

The Seven Accused

Seven individuals were eventually put on trial:

Sadhvi Pragya Singh Thakur, former BJP MP from Bhopal.

Lt Col Prasad Shrikant Purohit, then serving officer in Military Intelligence.

Major (Retd) Ramesh Upadhyay

Ajay Rahirkar

Sudhakar Dwivedi

Sudhakar Chaturvedi

Sameer Kulkarni

The accused faced charges under the Unlawful Activities (Prevention) Act (UAPA) and various sections of the Indian Penal Code (IPC), including conspiracy, murder, attempt to murder, promoting enmity, and voluntarily causing hurt.

All seven were out on bail.

The Verdict 

The investigation was initially led by the Maharashtra Anti-Terrorism Squad (ATS), headed at the time by Hemant Karkare, who would later be killed in the 26/11 Mumbai terror attacks.

The ATS made its first arrests in October 2008. The motorcycle allegedly used in the blast was traced to Pragya Thakur. Authorities claimed she had lent it to the conspirators. They alleged she was part of a group which included former military personnel and members of a little-known radical group called Abhinav Bharat.

Pronouncing its verdict today, the court said that the prosecution successfully proved that the blast did take place, but the National Investigation Agency (NIA) failed to establish that the bomb was fitted in the motorcycle.

The court said that although there are allegations that RDX was used to cause the explosion, there is no evidence that the RDX was stored at Lt Col Purohit's residence, and neither is there any proof that he assembled the bomb. It added that there is also no evidence to prove that the bike in question was owned by Pragya Thakur. 

The court also noted discrepancies in medical certificates and documentation related to the custody and treatment of some accused, citing "manipulation" in some instances. The court held that "suspicion is not sufficient ground for conviction", and the benefit of the doubt must go to the accused.

All seven accused were present at the court today. BJP leader Pragya Thakur, reacting to the verdict, said that the case ruined her whole life, and "God will punish" those who are guilty. 

 "I said this from the very beginning that those who are called for investigation, there should be a basis behind that. I was called by them for investigation and was arrested and tortured. This ruined my whole life. I was living a sage's life, but I was made and accused, and no one was willingly standing beside us. I am alive because I am a Sanyasi," she said. 

Pragya Thakur's counsel had stated that the motorcycle had been sold years before the blast and that her arrest was based on "fabricated evidence".

Lt Col Purohit's defence said he was a military intelligence officer who had infiltrated Abhinav Bharat and was reporting regularly to his superiors. His legal team highlighted contradictions in witness statements and alleged procedural violations.

The other co-accused, including Upadhyay and Kulkarni, accused the ATS of custodial torture and claimed that their statements were obtained under duress.

The Investigation 

In April 2011, the UPA-led central government transferred the investigation to the NIA. The agency dropped the Maharashtra Control of Organised Crime Act (MCOCA) charges in 2016 due to insufficient evidence but the UAPA and IPC charges remained in place against the remaining seven.

The NIA's supplementary charge sheet sought to discharge Pragya Thakur, but the special NIA court declined, observing that there was sufficient evidence to proceed with a trial against her. The trial began formally in 2018.

The Trial

The prosecution examined 323 witnesses, while the defence brought eight witnesses to the stand. Of the prosecution witnesses, nearly 40 turned hostile. The evidence included over 10,800 documents. Written submissions from both sides ran into three volumes, amounting to more than 1,300 pages.

The case was heard by five judges over its 7-year trial period. Judge Lahoti took over in 2023 and reserved the final verdict on April 19 after months of final arguments.