Court tears into ATS for shoddy investigation, fake links, and forced confessions in Malegaon case; Key forensic procedures were also ignored — DNA samples were never collected from the blast site, and the area wasn’t barricaded until one hour and forty five minutes after the incident
The scene of the blast site is pictured in Malegaon, some 175 miles (280 kilometres) northeast of Mumbai, on September 30, 2008. Pic/AFP
In its final acquittal order, the NIA court pointed out several critical lapses by the prosecution and investigating agencies in the 2008 Malegaon blast case. The prosecution failed to establish that the explosion occurred inside a scooter allegedly owned by BJP MP Pragya Singh Thakur. Key forensic procedures were also ignored — DNA samples were never collected from the blast site, and the area wasn’t barricaded until one hour and forty five minutes after the incident.
The Anti-Terrorism Squad (ATS) was accused of torturing and coercing accused individuals into giving false confessions. The court noted that several witnesses were forced to give statements under duress, with allegations of physical assault and intimidation by investigators.
The court submitted approximately 1500 pages detailing the reasons for acquitting all seven accused. A total of 323 witnesses were examined during the trial. After the case was transferred from the ATS to the NIA, it became apparent that the accused may have been forced to confess to crimes they did not commit.
Special Judge JK Lahoti of the City Civil and Sessions Court (handling MCOCA/NIA/TADA/POTA matters) acquitted all seven accused on Thursday.
Investigation gaps
Four agencies investigated the case: the Nashik Local Crime Branch (LCB), the ATS, the NIA, and the Azad Nagar Police Station. Initially, an FIR was filed against an unknown person. Soon after, massive public unrest broke out, with thousands pelting stones and attacking police vehicles.
Among the key procedural lapses, the court observed:
. The number plate on the scooter was fake.
. Engine and chassis numbers were tampered with.
. Forensic links to Thakur's scooter could not be conclusively proven.
. DNA evidence, though feasible, was not collected.
. The scene was not barricaded promptly.
The forensic report detected RDX, ammonium nitrate, and nitrite radicals. Three probable engine numbers were recovered, which the ATS used to link the scooter to Thakur. However, the connection remained unsubstantiated.
The probe also revealed that the ATS had been instructed to arrest the Rashtriya Swayamsevak Sangh (RSS) chief during the investigation. Mehboob Munawar, who was part of the inquiry, claimed that this was an attempt to divert the investigation in the wrong direction.
Forensics, evidence handling
Several teams, including the SRPF, BDDS, fingerprint experts, and chemical analysts, were called to the scene. A BDDS sniffer dog indicated the presence of explosives. The DFSL (Forensic Science Laboratory) collected samples and advised police to take acetone and water swabs, which were sent to the FSL in Nashik. The report confirmed the presence of RDX (Cyclonite), ammonium nitrate, and nitrite radicals.
The DFSL restored three possible engine numbers from the damaged scooter. Based on this, the ATS linked the vehicle to Pragya Singh Thakur. They also alleged that absconding accused Ramji alias Ramchandra Gopalsingh Kalsangra and Sandeep Dange knew she had provided the motorcycle. Both men remain at large.
Court observations
Multiple witnesses told the court that their statements had been obtained under duress by ATS officers. They described being coerced, threatened, and tortured, both mentally and physically, to give statements that matched the prosecution’s narrative.
The court found that the accused were falsely implicated, illegally detained, and formally arrested only days later with backdated documentation. Many statements were recorded under Section 161 of the CrPC, based on which arrests were made. Witnesses also alleged physical assault, molestation, and harassment by ATS officials.
Eventually, many “star witnesses” turned hostile and did not support the prosecution’s claims. In its judgment, court wrote, “The entire case is faulty, defective, and non-compliant with legal procedures. There is no clinching evidence on record. Conviction cannot rest on assumptions, presumptions, and conjectures. In the absence of reliable evidence, the accused are entitled to be acquitted.”
DNA evidence not collected
Despite being aware that DNA samples could be collected from the blast site, the ATS did not summon an expert team to gather them. Although the FSL was present, they neither collected DNA samples nor instructed police to do so.
Delay in securing crime scene
Although the blast took place at 09.30 pm, the site was barricaded only by 11.15 pm. The court identified this as a major flaw in the initial investigation.
Alleged conspiracy
According to the ATS, the accused were part of a criminal syndicate called Abhinav Bharat, which had reportedly been active since 2003. The group allegedly conspired between January and October 2008 to spread terror in Malegaon and destabilise the government. The accused were said to be pursuing the creation of a Hindu Rashtra named Aryavarta, and even proposed forming a government-in-exile. They had agreed on a saffron flag with a golden border and an ancient torch symbol (Bhagwa Dhwaj).
One of the accused allegedly smuggled about 60 kg of RDX from Kashmir following a posting and stored it in a home cupboard. Investigators claimed that the conspiracy was discussed at secret meetings in Bhopal, Anangpur (Faridabad), Nashik, Jabalpur, Indore, and Kolkata.
Mob attack
On September 30, 2008, PSI Sudhir Patil registered an FIR against an unknown person at Azad Nagar Police Station. He reported that the blast occurred inside an LML scooter. He also described how a furious crowd pelted stones, damaged police vehicles, and attacked Assistant Superintendent Viresh Prabhu, who was pushed into a gutter and injured. A separate FIR was registered against the mob.
The six deceased were:
. Sayyed Ajhar Sayyed Nisaar
. Shaikh Mushtaq Shaikh Yusuf
. Shaikh Rafique Shaikh Mustafa
. Farheen alias Shagufta Shaikh Liyakat
. Harun Shaha Moh. Shaha
. Irfan Jiyaullah Khan
While initial reports cited 105 injuries, the final confirmed number was 95.
The blast
On the night of September 29, 2008, an explosion occurred at Bhikku Chowk in Malegaon during the month of Ramzan. Around 09.30 pm, the crowded area was rocked by a blast that killed six people and injured 95. Though police arrived at 10.35 pm, the site wasn’t cordoned off until 11.15 pm A fake number plate, tampered engine, and chassis numbers were found on the LML scooter allegedly used to plant the bomb. Two motorcycles were also found at the scene, and the ATS claimed the IED was stored in the scooter’s storage compartment — a theory the court found unproven.
Multiple agencies involved
Four different agencies investigated the case
. Nashik's Local Crime Branch (LCB)
. The Anti-Terrorism Squad (ATS)
. The National Investigation Agency (NIA)
. Azad Nagar police station, Malegaon
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