MUMBAI: In a stunning turnaround in the politically sensitive 2008 Malegaon blasts case, the National Investigation Agency ( NIA ) on Friday accused the Maharashtra Anti-Terrorism Squad (ATS) of planting RDX traces to frame prime accused Lt Colonel Prasad Shrikant Purohit, while it let off another prominent accused, Sadhvi Pragya Thakur, and five others saying evidence against the firebrand Hindutva activist was not sufficient to justify prosecution.
In a supplementary chargesheet filed before a special court here, the NIA said Purohit and eight others should be tried as accused in the blasts conspiracy case, but recommended that the charges brought against them under Maharashtra Control of Organized Crime Act (MCOCA ) be dropped and they be tried under Unlawful Activities Prevention Act (UAPA) instead. The switch of Acts means the alleged confessional statements of the accused and testimonies of witnesses before police officers will not be treated as evidence any more. he chargesheet is a scathing indictment of the methods used by the Karkare-led ATS and accuses it of using dubious methods and torturing accused. “There are several inherent legal lacunas and complications in the chargesheet filed by ATS, which have emerged during further investigation,” the NIA claimed, adding that it was not relying on such evidence.
The NIA also targeted the ATS over the torture allegations of some of the witnesses and accused and disappearance of one of the main witnesses in the case whose identity was withheld. “The dubious method adopted during the investigation by ATS becomes crystal clear from the disappearance of one of the main witnesses,” the NIA said, and pointed to CBI’s findings against ATS officers.
Justifying its decision to drop charges against Pragya Thakur, the NIA chargesheet said, “The evidence on record against her are not sufficient to prosecute her as all the witnesses have retracted their statements. Thus, no case is made out against
ATS’s case against the Sadhvi rested on the fact that she owned the LML Freedom motorcycle which was rigged with explosives to carry out the blasts. However, NIA claimed that after reassessing evidence, it had come to the conclusion that she had handed over the motorcycle to fugitive accused Ramchandra Kalsangra almost two years before the blasts. The agency used the statement of a mechanic to justify its conclusion.
The charge that she attended a meeting in Bhopal to plot the Malegaon blasts could not be proved because two witnesses, Yashpal Bhadana and R P Singh, retracted their statements about her presence at the meet. Similarly, NIA said no case was made out against the five other accused — Shivnarayan Kalsangra, Shyam Sahu, Praveen Takkalki, Lokesh Sharma and Dhan Singh.
Those who stay accused along with Purohit are retired Army major Ramesh Upadhyay, Sameer Kulkarni, Ajay Rahirkar, Rakesh Dhawde, Sudhakar Dwivedi, Sudhakar Chaturvedi and the two fugitives, Ramchandra Kalsangra and Sandeep Dange
NIA said another accused, Jagdish Mhatre, was not involved in the blasts conspiracy case and should be prosecuted under the Arms Act for sale and purchase of illicit arms.
On the withdrawal of MCOCA charges, the chargesheet said, “It is concluded that no offence under MCOCA is attracted in the instant case. Confessional statements recorded by the ATS are not relied upon by the NIA.”
Purohit and his fellow accused have been charged under the UAPA, as well as for a host of crimes, including murder and criminal conspiracy under Indian Penal Code and the Arms Act and Explosives Substances Act. If convicted, they face the death sentence.