2008 Malegaon blast case: NIA court says all charges against Prasad Purohit not baseless
The judge observed that the charges of ATS and NIA against Purohit were serious and based on the evidence they had collected during the course of investigation.
The judge noted that Purohit's association with Abhinav Bharat Trust or Abhinav Bharat organization would not be per-say illegal and was the part of his. However, the judge said that those charges itself show that, he floated the Abhinav Bharat Organisation and was the founder member of Abhinav Bharat, collected huge funds and had control over the financial transactions.
He has accepted the thousands of rupees from co-accused and utilised those amounts for private use, the judge noted.
"Nothing material came on record to show that, all those allegations or charges were fake, baseless and all those acts are done by Purohit with the permission of his superior officer. Merely the prosecution failed to prove the charges levelled against the accused in the absence of cogent evidence doesn't mean that, all the charges were baseless or without foundation," the judge said.
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The judge also said that the charges of murder, criminal conspiracy were also levelled Purohit alongwith other charges. "Those were serious, showing the involvement of Purohit and hence, their own officer had handed over the custody of accused to ATS. Ongoing through the papers, it is sufficient to hold that, the act done by him was not in discharge of his official duty. He has done those acts which were never permitted by his office.
Those acts could not be covered or protected under the garb of section 197," the judge said.
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