Malegaon blast: Court junks ex-ATS officer's claim of Mohan Bhagwat arrest order
Special NIA Judge A K Lahoti, in his over 1000-page judgment, said it did not find any force in the contentions raised by the advocate for accused Sudhakar Dwivedi, who had relied on the claims made by Mehboob Mujawar, a former ATS officer.
Also read: Judgement in Malegaon blast case highlights contradictions in probe by NIA and ATS
The observations fell flat on the face of Mujawar, who had reiterated on Thursday that he had been asked to apprehend Bhagwat and the objective behind the same was to establish that there was "saffron terror".
Mujawar had at the time also claimed that senior ATS officers had ordered him to arrest Bhagwat, but he had refused to obey such illegal orders as he did not find any role of Bhagwat in the alleged offence.
The court, in its order, rejected the defence lawyer's contention based on a statement made by ACP Mohan Kulkarni, the then chief investigating officer, that Mujawar was never asked to arrest any member of RSS and was only sent out to trace the two absconding accused — Ramji Kalsangra and Sandeep Dange.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
31 minutes ago
- The Hindu
Justice delayed yet again
Last week, a special National Investigation Agency (NIA) court acquitted all the seven accused, including BJP MP Sadhvi Pragya Singh Thakur, in the 2008 Malegaon blasts case. Six people were killed and 95 injured in the bombing that had struck the Muslim-majority town in Maharashtra. The case, which was investigated by two different agencies, triggered accusations of 'saffron terror'. All the accused were charged by the Maharashtra Anti Terrorism Squad (ATS) in 2008 of being 'Hindutva extremists'. The trial was controversial as Rohini Salian, the former special public prosecutor, had alleged in 2015 that the government had put pressure on her, through the NIA, to 'go soft' on the accused. The case was initially probed by ATS chief Hemant Karkare, who was gunned down by terrorists during the November 26, 2008, terror attack on Mumbai. Eventually, it was handed over to the NIA. While acquitting the seven accused, the court pointed out several lapses in the investigation and criticised the NIA for presenting 'inconclusive', 'unreliable', and 'legally inadmissible' evidence. It said that there were procedural lapses in the invocation of stringent laws such as the Maharashtra Control of Organised Crime Act, 1999, and the Unlawful Activities (Prevention) Act, 1967. It added that the investigators had failed to link the motorcycle, allegedly used in the crime, to Ms. Thakur; that there were problems with witness statements; and that there was no proof that Lt Col Prasad Purohit (retired) or the right-wing outfit, Abhinav Bharat, was linked to the blast. In the order, Special Judge A.K. Lahoti observed, 'The testimony of prosecution witnesses is riddled with material inconsistencies and contradictions. Such discrepancies undermine the credibility of the prosecution's case and fall short of establishing the guilt of the accused beyond reasonable doubt.' While he said that terrorism has no religion, the Special Judge also added that a court cannot convict someone based on mere perception. Civil society members were critical of the verdict given the allegations that it was politically driven; and also since it came on the back of another verdict acquitting all the accused in another blast case. On July 21, the Bombay High Court acquitted all the 12 accused in the 2006 serial bomb blasts case. Seven explosions had ripped through Mumbai's local trains on the evening of July 11, 2006, killing 189 people and seriously injuring 824. The coordinated blasts had scarred the estimated 70 lakh people of Mumbai who use the local trains, often dubbed the city's lifeline, every day. Many victims feared taking the local train again. This case too was riddled with controversies. While the Maharashtra ATS, which had conducted the probe from the beginning, claimed that the attacks were the handiwork of the Lashkar-e-Taiba and the Students' Islamic Movement of India, several other investigating agencies, including the NIA, claimed that the Indian Mujahideen had carried out the terror attacks. While acquitting the 12 accused, the High Court laid bare the inconsistencies, loopholes, and lapses in the probe by the Maharashtra ATS. It asked how key witness statements were recorded after an unexplained delay of 100 days. It questioned the trustworthiness and credibility of witnesses, highlighted deep flaws in both the investigation as well as prosecution, and demanded to know why the circumstantial evidence, such as call detail records, which the investigators had relied on so much, was inconclusive. It pointed out that the witness statements were delayed and inconsistent; that there were procedural lapses and coercion allegations about the confessions retrieved; that there was no proof of actual explosives used; and that the chain of custody of the recoveries was broken. The High Court also rapped the trial court for the conviction order. The judgments on two terror cases in India have left the victims, who have had to wait for nearly two decades for verdicts, without a sense of justice. The investigations raise serious questions about India's criminal justice system and specifically about the accountability of investigating agencies. Who are the agencies answerable to, for their contradictory claims and shoddy procedures, which have allowed extremist organisations to get away with such terrible crimes in Maharashtra? And when — if at all they do — will the victims of these blasts get a sense of closure?
India Today
44 minutes ago
- India Today
Graphic designer who made provocative posters for PFI before ban, granted bail
The Bombay High Court has granted bail to Maula Nabisab Mulla, a Nashik-based graphic designer who had spent over two years in custody for allegedly designing posters for the Popular Front of India (PFI) — at a time when the organisation was not yet banned by the Government of India.A bench comprising Justices A S Gadkari and Rajesh S Patil noted that the case against Mulla pertained solely to graphic designing work, including banners and social media content, and that the PFI was not a proscribed organisation at the time of the alleged to the Anti-Terrorism Squad (ATS), Nashik, a PFI office was inaugurated on June 14, 2022, in Malegaon, where a meeting allegedly took place discussing various incidents of atrocities against the Muslim community, including mob lynching. The prosecution claimed that during the meeting, attendees called for Muslim unity and discussed waging war against the country by 'any means necessary.' One of the accused was alleged to have issued a fatwa inciting violence against those who spoke against was arrested for his alleged role in creating posters and graphic content that the ATS said were of an 'objectionable nature,' inciting hatred between for Mulla, advocates N N Gawankar and Advait Tamhankar argued that their client's role was limited to that of a professional graphic designer, and he had no active involvement in the ideological or organisational activities of pointed out that the FIR was lodged on September 22, 2022, while the PFI was officially banned only on September 27, 2022. 'Therefore, at the time of registration of the FIR, the organisation was not banned and no offence under anti-terror laws was made out,' the defence lawyers also noted that five other accused in the same case had already been granted bail by the Supreme Court and Bombay High Court, with roles similar or greater than Mulla' the prosecution opposed the bail plea, the Court observed that the trial had not yet commenced and there were over 190 witnesses to be examined, indicating a prolonged legal process bench concluded that Mulla's role — as per the ATS charges — was comparable to that of others who had already been released on bail.'The role attributed to the applicant is similar to the other co-accused, who have already been granted bail by the Hon'ble Supreme Court. The FIR was registered when the organisation was not yet banned. Hence, on parity and considering the long incarceration, the applicant deserves to be released on bail,' the bench was granted bail subject to conditions imposed by the Court. The order brings attention to the delays in trial and the legal complexities surrounding retrospective application of bans on organisations.- EndsTrending Reel
Time of India
2 hours ago
- Time of India
Gujarat ATS seizes illegal pistol from AQIS-linked accused Zeeshan Ali
Ahmedabad: The Gujarat Anti-Terrorism Squad (ATS) recovered an illegal semi-automatic pistol and live cartridges from Zeeshan Ali, one of four accused arrested for alleged links to the banned terror group Al-Qaida in the Indian Subcontinent (AQIS), said officers on Tuesday. On July 22, ATS teams apprehended Fardeen Shaikh from Ahmedabad, Saifulla Qureshi from Modasa, Mohammad Faiq from Delhi, and Zeeshan Ali from Noida in a multi-state operation. The four were allegedly promoting AQIS propaganda. "They were radicalising youth through social media and provoking violence against non-Muslims," said an ATS officer. Legal action was taken under Unlawful Activities (Prevention) Act (UAPA) and Bharatiya Nyaya Sanhita sections for plotting alleged terror activities. You Can Also Check: Ahmedabad AQI | Weather in Ahmedabad | Bank Holidays in Ahmedabad | Public Holidays in Ahmedabad On July 27, the key accused, 30-year-old Shama Parveen, was arrested from Bengaluru. "Parveen was the main handler of this module and was coordinating the operation from Karnataka," said an investigating officer. During interrogation, Zeeshan Ali admitted to possessing a weapon. "Based on his voluntary disclosure, we recovered a semi-automatic pistol and three live rounds from his residence in Noida," said DySP Virajeetsinh Parmar, who led the investigation. The raid was conducted by a team led by PI Nikhil Brahmbhatt and PSI A R Chaudhary. Sources said the group communicated through encrypted social media apps and allegedly were assigned high-profile targets across the country. "The investigation is ongoing to uncover their wider network and other possible operatives," an ATS official added.
