NIA going through Malegaon verdict, will seek legal opinion before challenging acquittals

Almost a month after a special court acquitted all seven accused in the 2008 Malegaon blast case, which also included former BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit, the National Investigation Agency is currently going through the judgement and will take a final call on challenging the order after seeking legal opinion.

Sources aware of the development said the judgement is a voluminous document with more than 1,000 pages, adding that as of now everything was at a preliminary stage. They said the anti-terror agency wants to be thoroughly prepared before approaching the High Court (to appeal against the verdict).

They further said that after going through the order, legal opinion on it would be sought internally.

The agency has 90 days to challenge the verdict, which was pronounced on July 31.

“As per procedure, the usual period of 30 days is given for filing an appeal, but if there is a substantial question of law then courts condone the delay,” the official said, when asked about the delay in filing an appeal.

On September 29, 2008, in Malegaon, about 100 km northeast of Nashik in Maharashtra, an explosion had killed six persons and injured around 100 people.

Apart from Thakur and Purohit, the other accused included Major Ramesh Upadhyay (retired), Ajay Rahirkar, Sameer Kulkarni, Sudhakar Chaturvedi and Sudhakar Dhardwivedi. They were cleared of all charges, including criminal conspiracy and murder under the IPC and sections of the UAPA.

Most of the accused were out on bail from 2017, after being arrested in 2008 by the Maharashtra Anti-Terrorism Squad (ATS). Rahirkar was granted bail in 2011 by the Bombay High Court with the NIA taking over the probe in 2016.

Following the verdict, Special Public Prosecutor Avinash Rasal, representing the NIA, had said that a decision on filing an appeal will be taken after studying the judgment.

On July 31, Special Judge AK Lahoti said that while it was proven that a bomb blast had taken place, the prosecution failed to provide reliable evidence to prove that the seven accused were behind it.