The National Investigation Agency (NIA) has submitted an application to the Special NIA Court, stating that it has concluded the process of recording evidence in the 2008 Malegaon blasts case. As a result, the NIA does not require any additional witnesses to provide statements.
Throughout the trial, the NIA has recorded statements from 323 witnesses, and notably, 37 witnesses turned hostile during the proceedings. Starting from tomorrow, the Special Court will initiate the process of recording statements from the accused under CrPC 313. If any accused wishes to have a witness provide a statement in support of their case, they can make a request to the court during the CrPC 313 procedure.
In April of this year, the statements of two officers were scheduled to be recorded in the Malegaon 2008 blasts case. However, due to legal and technical issues, these statements could not be recorded.
One of the retired NIA officers had previously provided statements when the case was transferred from Maharashtra ATS to the NIA. On April 15, he was supposed to record a fresh statement, but since all witnesses had reaffirmed their statements in court, there was no need to cross-examine the officer. Consequently, he was removed as a witness without his statement being recorded. It’s important to note that the officer did not turn hostile, but his relevance as a witness in the trial had diminished, as his investigative statements were corroborated by the concerned witnesses.
The prosecution also encountered technical issues that prevented another witness, who was an ATS officer, from deposing on the scheduled date. This witness will be summoned to record his statement on a later date.
The Malegaon 2008 blasts case pertains to an incident on September 29, 2008, in which six people were killed and more than 100 others were injured when an explosive device planted on a motorcycle exploded in Malegaon city, Maharashtra.
In April, a Special NIA court issued a bailable warrant of Rs 10,000 against an ATS officer who repeatedly failed to appear to record his statement in the trial. This officer had been part of the initial ATS investigation team and had recorded statements from several witnesses in the case.
In March, the Supreme Court rejected a petition by Lt Col Prasad Purohit, challenging the Bombay High Court’s decision to dismiss his petition seeking discharge from the Malegaon 2008 blast case. Purohit’s plea was based on the argument that he lacked the necessary sanction under section 197(2) of the CrPC from the Indian Army to be prosecuted in the case. However, the Supreme Court upheld the High Court’s decision, stating that the sanction was not required for his prosecution as the alleged conduct did not pertain to his official duties.
The Maharashtra ATS made its first arrest in connection with the Malegaon 2008 blasts case on October 23, 2008, when BJP MP Sadhvi Pragya Singh Thakur was apprehended. Subsequently, other individuals, including Sameer Kulkarni, retired Major Ramesh Upadhyay, Sudhakar Chaturvedi, Ajay Rahilkar, and Sudhakar Chaturvedi, were also arrested in connection with the case. The ATS filed a chargesheet in January 2009, and in April 2011, the central government transferred the case’s investigation to the NIA.