Malegaon Blast Judgment Questions Anti-Terror Squad's Conduct, Cites Torture

The special court judgment in the 2008 Malegaon bomb blast case has raised grave concerns about the conduct of the Maharashtra Anti-Terrorism Squad (ATS) during its investigation. The judgment, running into thousands of pages, explicitly outlines how multiple witnesses alleged torture, coercion, and illegal detention by ATS personnel - a finding that may have far-reaching implications on the case and future law enforcement practices.

The case involved two investigating agencies - the ATS and the National Investigation Agency (NIA) - both had submitted separate charge-sheets. However, the court noted that allegations of misconduct were directed solely at ATS officers, with no such accusations levelled against any NIA official.

The judgment emphasises that the allegations of "misconduct, torture, and illegal detention have been levelled exclusively against ATS officers." This raises serious concerns about the credibility of evidence gathered by the ATS during its investigation. The court observed that such treatment of witnesses could significantly compromise the validity of their statements.

The judgment details how numerous witnesses testified that their statements were not voluntary but rather dictated under coercion. They further alleged torture, ill-treatment, and unlawful detention at the hands of ATS personnel. The court acknowledged that the absence of formal complaints from some witnesses does not invalidate their claims, noting that fear of retaliation, psychological trauma, and lack of personal courage are often decisive factors that prevent victims from coming forward.

"Importantly, some witnesses did gather courage to file official complaints against ATS officers. These complaints specifically cite torture, harassment, and illegal detention. The court recorded that even an NIA investigating officer, Deputy SP Anil Dubey, in his cross-examination, admitted that ATS officers had subjected both witnesses and accused to torture and unlawful detention," reads the judgement.

The court held that the evidence - both oral and documentary - underscored the credibility of these serious allegations. "The treatment given by ATS officers to the witnesses is self-sufficient which raises serious concern and credibility of evidence collected by ATS officers," the judgment states.