"Anti-Terror Law UAPA Can't Be Invoked": What Court Said In Malegaon Verdict
All seven accused, including former BJP MP Pragya Singh Thakur and former Army officer Lt Col Prasad Shrikant Purohit, have been acquitted by a special NIA court in the 2008 Malegaon blast case, in which six people died and may were injured.
The Special NIA court said that the prosecution failed to prove the case; accused deserve benefit of doubt. They have been acquitted of all charges of Unlawful Activities (Prevention) Act (UAPA), Arms Act and other charges.
The blast took place on September 29, 2008, in Malegaon, a communally sensitive town in Maharashtra. The explosion occurred during the month of Ramzan and just before the festival of Navratri.
Here are the 5 big things court said while delivering the verdict:
Prosecution proved that a blast occurred in Malegaon, but failed to prove that a bomb was placed in that motorcycle. Injured count not 101, but 95. Even medical certificates were manipulated.
Though RDX was brought and used is the allegation, there is no evidence of storage of RDX in Lt Colonel Purohit's house and no evidence to show he assembled it.
The motorcycle chassis number was wiped out and the engine number is under doubt. There is no evidence to show Pragya Thakur is the owner and was in possession of the bike.
No doubt terror has no religion, but conviction cannot happen based on the evidence presented.
UAPA will not be invoked in this case as sanction was not taken as per rules. Both the sanction orders of the UAPA in the case are defective.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hindustan Times
10 minutes ago
- Hindustan Times
Mahayuti leaders welcome Malegaon blast verdict, slam Congress for coining term ‘saffron terror'
Mumbai: Leaders of the ruling Mahayuti alliance in Maharashtra welcomed a special National Investigation Agency (NIA) court's decision on Thursday to acquit all seven accused, including former BJP MP Pragya Singh Thakur, in the 2008 Malegaon bomb blast case, with chief minister Devendra Fadnavis slamming the previous Congress-led United Progressive Alliance (UPA) government for allegedly coining the term 'saffron terrorism'. As soon as the verdict was out, Fadnavis posted his reaction on social media: 'Terrorism was never saffron, is not, and never will be!' (PTI) The Congress, meanwhile, alleged that the investigation was botched due to political pressure. Maharashtra Congress president Harshwardhan Sapkal also asked the Mahayuti government if it would approach a higher court to challenge the Malegaon verdict, just like it did recently when the Bombay High Court acquitted all 12 accused in the 2006 Mumbai train blasts case. Thursday's verdict was delivered nearly 17 years after a bomb strapped to a motorcycle exploded near a mosque in the communally sensitive town of Malegaon in Nashik district in September 2008, killing six people and injuring over 100. Seven people were charged in the case, including Thakur and Lieutenant Colonel Prasad Purohit, a serving Army officer at the time. However, the court acquitted them after flagging several loopholes in the prosecution's case, saying there was no 'reliable and cogent' evidence to prove it beyond a reasonable doubt. As soon as the verdict was out, Fadnavis posted his reaction on social media: 'Terrorism was never saffron, is not, and never will be!' Later, speaking to reporters, Fadnavis said the Congress-led UPA government at the time was responsible for the entire case, alleging it was a conspiracy to create the narrative of 'Hindu terrorism' as a counter to Islamic terrorism, which had been globally recognised after the 9/11 terror attacks. 'More than the police, the then UPA government was responsible for the case. They had conspired to appease a certain community and extremist ideology. The court verdict has exposed the conspiracy, and the entire country is now condemning it. Congress leaders must now publicly apologise to Hindus for defaming them by associating them with so-called saffron terrorism and the conspiracy to coin a new term—Hindu or saffron terrorism,' he said. Fadnavis added that his government will look into the details of the verdict, checking what exactly the court has brought on record. A decision over the next course of action would be taken after this, he added. Senior BJP leader Sudhir Mungantiwar also blamed the previous Congress-led government for the bungled investigation, saying, 'The ruling parties at the time tried to indict innocent people in the case to appease certain communities. There was a political motive behind it, as was said after the case was registered. The verdict has ratified the doubt raised.' Shiv Sena president and deputy chief minister Eknath Shinde alleged that using the term 'saffron terrorism' was part of the Congress's conspiracy to defame the Hindu community. 'Hindus can never engage in anti-national activities, because patriotism is a sacred duty for those who follow Hinduism. The absurd term 'Hindu terrorism' was coined by conspiratorial Congress leaders. What answer do they have now for such blatant falsehoods?' he said. Adding that the court's verdict has ended a dark chapter, he said, 'The stigma on the Hindu community has been wiped off. The slogan 'Garv se kaho hum Hindu hain' (Say with pride we are Hindus) will now resonate across the country with a hundredfold louder voice. Truth may be troubled, but can never be defeated.' The Congress hit back at the Mahayuti, with state party chief Sapkal saying that terrorism has no religion or colour, and the state government should ensure justice is delivered in the case. 'As soon as the verdict of the 2006 [Mumbai train] bomb blasts was announced, the state government challenged it in the Supreme Court. Will the state government show the same will in this case, as both were acts of terrorism and the perpetrators of the cases should face justice,' he said, adding that the state government should not be double-faced. The 12 acquitted accused in the train blasts case were all Muslims. Congress spokesperson Sachin Sawant said, 'These people even view terrorism through a political lens. Those associated with the BJP and RSS had, for their political gain, labelled martyr Hemant Karkare a traitor. Wasn't it the same political mindset that led to [special public prosecutor] Rohini Salian being asked to take a lenient stand against the accused and slow down the investigation? Witnesses were enticed with offers. A witness like Randhir Singh was even given a ministerial position in Jharkhand.' Karkare, the former chief of the Maharashtra Anti-Terrorism Squad (ATS), led the team that initially investigated the blast and arrested 11 suspects, including Thakur and Purohit. He was killed in action during the 2008 Mumbai terror attack. Sawant also said that the central government should express sorrow that individuals responsible for such a major terrorist incident are now roaming free. 'Honestly, this verdict did not come as a surprise because the NIA had already given them a clean chit. The government should consider renaming this investigative agency the NaMo Investigation Agency,' he said. Shiv Sena (UBT) MP Arvind Sawant said the fact that the investigation agencies had failed to gather evidence properly and the real culprits were still not known was a serious matter. 'The remarks by the court, which said there is no evidence, was a serious matter. If there was no evidence against Sadhvi Pragya and others, why did they suffer all these years? It was an injustice to them. But the incident took place, so someone must be involved in it. Who are they? Why can't investigation agencies catch them?' he said. Former MP Imtiyaz Jalil from the All India Majlis-e-Ittehadul Muslimeen, meanwhile, maintained that the blast was aimed at 'creating communal division' in the country. 'An Army officer and a religious figure were accused in the case, which was being investigated by one of the finest officers, Hemant Karkare. The BJP has tried to derive political advantage from the case,' he said.
India Today
40 minutes ago
- India Today
Mamata Banerjee hikes Durga Puja grant to Rs 1.10 lakh, slams BJP over criticism
West Bengal Chief Minister Mamata Banerjee on Wednesday announced an increase in the state government's financial grant to Durga Puja committees, raising it from Rs 85,000 to Rs 1.10 lakh. The announcement came during her address at a coordination meeting with Puja organisers in Kolkata, ahead of the festive 45,000 Durga Puja committees are registered across the state and will benefit from the increased grant, pushing the total estimated expenditure to over Rs 400 crore this year — a significant rise from last year's Rs 340 addressing the gathering, Banerjee defended the government's support for Durga Puja, taking a pointed dig at the opposition, particularly the BJP. 'Few people say Mamata didi doesn't allow Durga Puja and Saraswati Puja. They don't know these are regular affairs in households across Bengal,' she said. 'Some go to court and ask why we help those doing Puja. It's because so many people's bread and butter is involved with this.'The BJP, which has consistently opposed the grant, reiterated its criticism following the announcement. Senior BJP leader Rahul Sinha called the grant a misuse of public funds. 'This is a burden on taxpayers as the money is coming from the government exchequer. Why doesn't Mamata Banerjee give the grant from the Trinamool fund or from her own pocket?' he said, accusing the Chief Minister of attempting to woo Hindu voters ahead of elections by funding Durga Puja and planning the construction of a Jagannath temple in addition to the grant hike, Banerjee instructed the state administration to enhance infrastructure and public services during the Puja period. 'Public announcement systems should be placed inside and outside pandals. The Transport Department must increase the frequency of buses and I will ask Metro authorities to run services continuously. We will also speak with the Railways to ensure more local trains are available,' she Puja immersions are scheduled for October 2, 3, and 4. The Chief Minister assured that police and administrative authorities will manage law and order throughout the celebrations.- EndsMust Watch
Hindustan Times
40 minutes ago
- Hindustan Times
Law on anvil for blue economy, government tells Lok Sabha
The Centre is taking a systematic approach towards a legislative framework for implementation of the Blue Economy policy, the ministry of earth sciences informed the Lok Sabha on Wednesday. Law on anvil for blue economy, government tells Lok Sabha The draft national policy on blue economy, covering seven thematic areas including ocean governance and marine spatial planning, was placed in the public domain in February 2021 and revised in July 2022 after inter-ministerial and stakeholder consultations, the response said adding that the policy is aiming to harness ocean resources sustainably for economic growth while protecting marine ecosystems ensuring national security and it also provides the foundational basis for future legislation, the ministry said in response to a query, raised by MP Brijmohan Agrawal, on the major legislative steps taken by the government for Blue Economy. The deep ocean mission is a subset of the broader blue economy concept which is focused on technological development for exploring deep ocean resources, promoting climate change advisory services, conservation of deep-sea biodiversity, research on ocean biology, and harnessing energy and freshwater from the ocean. 'The current focus is on strengthening the existing environmental legal framework through targeted reforms, including amendments to existing laws and empowering the Ministry of Environment, Forest and Climate Change's umbrella legislation the Environment (Protection) Act, 1986. These reforms aim to introduce specific rules to address critical challenges such as e-waste (management), plastics waste management, batteries waste management, and end-of-life vehicles (ELVs) scrapping,' said Jitendra Singh, minister of state for earth sciences. He was responding to questions by BJP MP, Brijmohan Agrawal on the 1. major legislative steps taken by the Government for the Blue Economy district from policy-based approaches such as the Deep Ocean Mission along with the draft legislation; 2. inter-ministerial consultations or projected timelines for a Blue Economy Law; 3. existing mechanism which ensures sector-specific, legally binding environmental among others. The various sectors in the blue economy are governed by different laws which include: 1. Coastal and Marine Ecosystems governed by Environment (Protection) Act, 1986; Coastal Regulation Zone (CRZ) Notification, 2019 and Wildlife Protection Act, 1972, 2. Fisheries and Aquaculture governed by Marine Fishing Regulation Acts (State-specific); National Policy on Marine Fisheries, 2017; 3. Shipping and Ports & Security under the Merchant Shipping Act, 1958; Major Port Authorities Act, 2021; International Maritime Conventions (e.g., MARPOL) (via Merchant Shipping Act); Maritime Zones Act, 1976; Recycling of Ships Act, 2019 and Island Vessels Act, 2021, 3. Oil, Gas & Deep-Sea Mining under Oilfields (Regulation and Development) Act, 1948 and Offshore Areas Mineral (Development and Regulation) Act, 2002, 4. Tourism and Recreation under Environment (Protection) Act & CRZ Rules and Biological Diversity Act, 2002 and 5. Marine Biotechnology & Bioprospecting under Biological Diversity Act, 2002. The regulatory gaps and overlaps are being addressed through the PARIVESH portal of Ministry of Environment Forest and Climate Change which acts as a single window for environmental, forest, wildlife, and coastal regulation zone clearances and the National Sagarmala Apex Committee and PM Gatishakti portal also aid in integrated planning, Singh said. Further, there are dedicated laws and guidelines for investment, accountability, and liability including 100% FDI is permitted via the automatic route in sectors like sea-ports and aquaculture. Offshore mineral block auctions are open to foreign bidders with specified conditions. The Merchant Shipping Act, 1958, adopts international liability conventions and mandates compulsory insurance for pollution damage. Offshore safety is governed by the Oil Mines Regulations, 2017, and a draft Offshore Safety Directive. The 'Harit Sagar' Green Port Guidelines (2023) mandate ESG reporting for terminal operators. The Deep Ocean Mission requires Environmental and Social Due Diligence for its projects. Maritime Zones Act, 1976 along with updated rules like the Offshore Wind Energy Lease Rules, 2023, provides the legal framework for leasing and regulating offshore energy and mineral projects, the response said.
