NIA court finds no conclusive evidence linking any accused to planting of bomb or sourcing of RDX; observers believed the courtroom would witness further dramatic developments as the trial progressed.
Sudhakar Chaturvedi outside the court after he was acquitted on Thursday. PIC/SAYYED SAMEER ABEDI
The news of the trial in the 2008 Malegaon blast case being shifted to Mumbai created a palpable sense of anticipation among journalists covering the courts. While reporters were no strangers to terror-related cases, this one stood apart for its perceived historical significance, many viewed it as a pivotal test for the concept of “saffron terror,” a term that was being introduced for the first time.
Journalists expected a tough legal battle, especially since the prime accused, Sadhvi Pragya Singh Thakur, had already alleged before a magistrate in Nashik, where the case was initially filed, that she had been subjected to torture by investigators. Observers believed the courtroom would witness further dramatic developments as the trial progressed.
Adding to the case’s uniqueness was the striking diversity among the accused: the roster included a Sadhvi, a serving Indian Army Lieutenant Colonel, a retired Major General, and a priest, among others, all finding themselves on the wrong side of the law.
The honour of many was at stake, evident in accused Sudhakar Dwivedi alias Dayanand Pandey’s request to have the honorific ‘Shri’ prefixed to his name, which the court denied. Another instance was when Sadhvi Pragya Singh, after becoming an MP, appeared before the court and complained about the dust on the bench and in the witness box, prompting a cleanliness drive ahead of her next appearance.
Lieutenant Colonel Prasad Purohit even sought to have the trial conducted in-camera to prevent journalists from entering the courtroom and reporting on its proceedings. The involvement of a serving military officer marked one of the rare instances in which the armed forces were entangled in the core of a high-profile terror investigation.
The case was not without controversy. Rohini Salian, the then special public prosecutor, alleged that over the past year, since the new government came to power, she had been under pressure from the National Investigation Agency (NIA) to go “soft” in the case. She was later replaced by the current Special Public Prosecutor, Avinash Rasal, who also complained that the probe agency was not cooperating with him.
Around 39 important witnesses turned hostile during the trial, including six who had previously recorded their statements before a magistrate, making their testimony admissible in court.
What happened on Thursday?
Pragya Singh Thakur addressed the NIA court, saying, “I was arrested and tortured in custody. I was living peacefully, but they falsely implicated me. I am alive only because I am a Sanyasi. This is a victory for Bhagwa and Hindutva. God fought for us.”
She also requested to speak in Hindi and was seen crying in court as the judgment was read out, calling it justice after 17 years. “Those who were part of this conspiracy will not be spared by God. My entire life was ruined,” she said.
One of the key accused, Lieutenant Colonel Prasad Purohit, was charged with starting the Abhinav Bharat organisation, arranging funds, and allegedly sourcing RDX and weapons for the blast.
Speaking to mid-day, Purohit said, “I love my country. I am a soldier. I’m happy to receive justice after 17 years. I’ve always stood by my nation and will continue to do so. A soldier never betrays his country. I lost many things in these 17 years, but I don’t wish to recall them. This acquittal is a victory for the nation.”
Accused Sudhakar Chaturvedi, who was charged with making the bomb in his house and delivering it to others, also reacted emotionally. He said, “Seventeen years is a long time, almost two decades. These years destroyed my life. I was labelled a terrorist. This is a victory for Hindutva. I’m extremely happy that the tag of terrorism has been removed from me.”
Another accused, Sameer Kulkarni, an alleged member of the Abhinav Bharat organisation, was also acquitted. He told mid-day, “I did not hire any lawyer for this case. I had full faith in the judiciary. I’m happy to be acquitted. I’ve always worked for my country. I’m not a terrorist and have never engaged in unlawful activities.”
Retired Major Ramesh Upadhyay, accused of being a member of Abhinav Bharat and technically aiding in the planning of the blast, was also acquitted. He said, “I want to thank the judiciary for granting me justice. Though delayed, justice has been served after 17 years. The media should question why it took so long.”
Court observations
The court ordered compensation of Rs 2 lakh for each deceased victim and Rs 50,000 for each injured individual. It acknowledged that a blast occurred, but ruled that it was not conclusively proven that the bomb was planted in the scooter.
The prosecution failed to establish that RDX was stored at Colonel Purohit’s residence or that a bomb was assembled there. The court also found no direct evidence linking any of the accused to the actual planting of the bomb. The judge concluded by stating: “Terrorism has no religion.”
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