Not just denial of bail

The bail refusal to Sadhvi Pragya Singh in the 2006 Malegaon blast case is important because it comes after the National Investigating Agency (NIA) had contended that it did not have evidence against her and five others. This invites questions about the credibility of the nation’s premier investigation agency. Special Court Judge SD Tekale did not accept its version of investigation and depended on evidence gathered by Maharashtra’s Anti-Terrorism Squad which had investigated the case under Hemant Karkare. The Malegaon case has become a test for India’s criminal justice system. The case was handed over to the NIA after Hemant Karkare’s investigations revealed that certain Muslims who were being tried for the blasts were innocent. Karkare, an officer of impeachable integrity who was killed in the 2008 Mumbai attack, had found evidence linking the blasts to certain RSS elements, including Sadhvi Pragya. 

After a change of government at the Centre doubts have been raised about the NIA being professionally fair and impartial. The agency has been accused of systematically weakening the case against these right-wing accused. On Tuesday the court took it to task for carrying out a fresh investigation by re-recording the statements of witnesses who had already been questioned by the ATS.  In recent months witnesses in the case have turned hostile. The NIA’s Special Public Prosecutor, Rohini Salian, had accused the agency of pressuring her to “go soft” in the case. It has dropped charges under the stringent Maharashtra Control of Organised Crime Act (MCOCA) against all the 14 accused persons, including two absconders and nine others facing trial. Statements of key witnesses have got misplaced. It was, therefore, no surprise that the NIA did not oppose Pragya’s bail plea. The NIA’s performance was not reassuring to citizens.

The Mumbai judge relied on the ATS investigation in denying bail to Pragya, saying that there was a prima facie case against her. He has made it difficult for the NIA to carry its line of investigation to its logical end. It is also an indirect snub to those BJP leaders who have taken upon themselves to declare as innocent the accused in saffron terror cases even when trial is on.