2008 Malegaon blast: Maximum punishment for accused will send strong message to nation, say victims

File pic

The victims of the 2008 Malegaon blast have called for the maximum punishment for all the seven accused in the case, stating that their conviction would "send a strong message to the nation that there is no place for violence and terrorism in our society." The plea was made by the victims in their written arguments submitted before special National Investigation Agency (NIA) Judge AK Lahoti, who is presiding over the case, news agency PTI reported.

Among the accused are former Bharatiya Janata Party (BJP) Lok Sabha Member of Parliament (MP) from Bhopal, Pragya Thakur, and Lieutenant Colonel Prasad Purohit. The prosecution has established a clear connection among the accused, demonstrating their collective aim to execute the bomb blast and carry out terrorist acts, the written statement filed on behalf of the victims stated.

"It has been proven beyond reasonable doubt that the present accused and those absconding are the sole culprits responsible for this heinous act, which resulted in the deaths of six individuals and serious injuries to 101 others. Therefore, on behalf of the victims, we humbly request that the maximum punishment be imposed on those facing trial," the plea by the 2008 Malegaon blast stated.

The prosecution cited a total of 495 witnesses in its charge sheet, of whom 323 have been examined. Of these, 37 turned hostile, while 39 were dropped during the trial, and 21 passed away, the victims' plea noted.

"It is a well-known fact that the accused are high-profile and influential individuals. Witnesses may have faced immense pressure, and it is likely that some were threatened or coerced not to testify against the accused in court. The potential for witness tampering cannot be completely dismissed," the statement by the 2008 Malegaon blast victims said.

"Only civilian witnesses turned hostile; none of the police or independent witnesses did so, and they fully supported the prosecution's case. While some discrepancies regarding dates, times, and names have emerged over time, these are minor and can be reconciled when considering the evidence as a whole. The accused should not benefit from these discrepancies," it continued.

Malegaon blast left six people dead, more than 100 injured

According to PTI, the written arguments also commended the investigating officer from the anti-terrorism squad (ATS) for effectively gathering information under challenging circumstances and completing procedural work within the designated timeframe.

However, the victims noted that changes in government led to variations in the approach of prosecuting agencies, yet they maintained their faith in the judiciary and firmly believed that this is a clear case warranting conviction. "By convicting the accused, the court may send a strong message to the nation that there is no place for violence and terrorism in our society," the written argument emphasised.

The victims expressed that they "faced humiliation in their quest for justice, but the courts have upheld their rights throughout the process."

On September 29, 2008, an explosive device strapped to a motorcycle detonated near a mosque in Malegaon, a town in north Maharashtra about 200 km from Mumbai, resulting in six fatalities and over 100 injuries.

In addition to Pragya Thakur and Lt Col Purohit, the other accused facing trial under the Unlawful Activities (Prevention) Act (UAPA) and Indian Penal Code (IPC) include Major Ramesh Upadhyay (retired), Ajay Rahirkar, Sudhakar Dwivedi, Sudhakar Chaturvedi, and Sameer Kulkarni, stated PTI.

On October 30, 2018, the special court framed charges against the seven accused under sections 16 (committing a terrorist act) and 18 (conspiring to commit a terrorist act) of UAPA, as well as sections 120(b) (criminal conspiracy), 302 (murder), 307 (attempt to murder), 324 (voluntarily causing hurt), and 153(a) (promoting enmity between different religious groups) of IPC. The case was initially investigated by the Maharashtra ATS before being handed over to the National Investigation Agency in 2011.

(With PTI inputs)