Malegaon blast: Bombay High Court bars open appeals against acquittal

The Bombay High Court on Tuesday, 16 September, cautioned that it is “not an open gate for everyone” to file appeals against acquittals in the 2008 Malegaon blast case, while seeking details on whether family members of the victims were examined as witnesses during the trial.

A bench comprising chief justice Shree Chandrashekhar and justice Gautam Ankhad was hearing an appeal filed by relatives of six people who were killed in the blast, challenging the acquittal of seven accused, including former BJP MP Pragya Singh Thakur and Lt Col Prasad Purohit.

The bench specifically asked if the family members were examined as witnesses. The appellants’ lawyer said the first appellant, Nisar Ahmed — whose son died in the blast — had not been called as a witness but promised to submit the details by Wednesday. The court responded that if Ahmed’s son was a victim, he should have been examined, emphasizing, “You have to indicate whether they were witnesses or not. Give us details. This is not an open gate for everyone.” The case has been posted for further hearing on Wednesday.

The appeal, filed last week, argued that alleged flaws in the investigation cannot justify acquittal. It also claimed that the conspiracy behind the blast was executed in secrecy, making direct evidence difficult to obtain. The petitioners described the special NIA court judgment of 31 July, which acquitted the seven accused, as legally flawed and argued it should be quashed.

The blast occurred on 29 September 2008, when an explosive device attached to a motorcycle detonated near a mosque in Malegaon, Nashik district, killing six people and injuring 101 others.

The petition contended that the trial court should not act as a “postman or mute spectator” and must actively elicit facts or summon witnesses if the prosecution fails to do so. “The trial court has unfortunately acted as a mere post office and allowed a deficient prosecution to benefit the accused,” the appeal claimed.

The appeal also raised concerns over the NIA’s handling of the case, alleging that the agency diluted the charges after taking over from the state Anti-Terrorism Squad (ATS), which had originally uncovered a major conspiracy. The petitioners urged the court to convict the accused.

The special NIA court, presided over by judge A.K. Lahoti, had acquitted the accused, stating that mere suspicion cannot replace real proof and that there was no “cogent or reliable evidence” to warrant a conviction. The prosecution had argued that right-wing extremists carried out the blast to terrorise the Muslim community in the communally sensitive town of Malegaon.

Besides Thakur and Purohit, the accused include major Ramesh Upadhyay (retired), Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi, and Sameer Kulkarni.

With PTI inputs