Mumbai: The special National Investigation Agency (NIA) court, in its acquittal order in the 2008 Malegaon blast case, has highlighted a running battle between the Maharashtra Anti-Terrorism Squad (ATS) and the NIA, pointing out stark contradictions in their probe.
The Maharashtra ATS, which probed the case from 2008 to 2011, alleged that Lt Col Prasad Purohit and the other accused formed Abhinav Bharat as a terror outfit to attack Muslims, and invoked the Maharashtra Control of Organised Crime Act (MCOCA). The ATS claimed that meetings to plan the blast were held in Bhopal and Nashik, and that Purohit had sourced RDX from Kashmir, assembled the bomb at his residence in Pune and handed it over to an absconding accused who fitted it on a motorcycle.
The NIA, which took over the investigation in April 2011, dropped the MCOCA charges, sought discharge of several accused, and introduced significant doubts about the ATS’s timeline, witness credibility, and evidence collection. It also did not support key ATS allegations regarding conspiracy, ideology, and explosive procurement.
For instance, the NIA claimed that the bomb was fitted to the two-wheeler in Indore, and it was then brought to Malegaon, the 1,000-page order pointed out.
“Two parallel investigations cannot proceed on divergent foundational premises,” the court said. “The contradiction between the approaches of the ATS and the NIA creates serious doubt on the prosecution’s reliability and coherence.”
The court criticised the NIA for failing to prosecute hostile witnesses for perjury and not rectifying defects in the Unlawful Activities Prevention Act (UAPA) sanction process.
“The NIA, despite having ample opportunity, did not take any steps against the hostile witnesses for giving false evidence before the court. This inaction raises serious questions on the commitment to secure justice,” the court observed.
The lack of harmony between the two premier investigative agencies had “made the entire case speculative,” the court concluded.