The National Investigation Agency on Friday dropped all charges against Sadhvi Pragya Thakur and five others in the 2008 Malegaon blast case while charges under the stringent Maharashtra Control of Organised Crime Act have been given up against all the other 10 accused including Lt Col Prasad Shrikant Purohit.
During investigation, ‘sufficient evidences have not been found against’ Pragya Singh Thakur and five others, the NIA said, adding it has submitted in the chargesheet ‘that the prosecution against them is not maintainable’.
There have been a lot of twists and turns in the probe into the Malegaon blast which was described as a handiwork of people associated with Hindu right wing groups.
The case was investigated initially by Joint Commissioner of Mumbai anti-terrorism squad Hemant Karkare, who was killed during the 26/11 Mumbai attack. Before the NIA took over the case in 2011, the ATS had booked 16 people but filed chargesheets on January 20, 2009 and April 21, 2011 against 14 accused in a Mumbai court.
Purohit and Pragya had moved several applications before Bombay high court and the Supreme Court challenging the chargesheet and applicability of the MCOCA in the case.
Shiv Narayan Kalsangra, Shyam Bhavarlal Sahu, Praveen Takkalki, Lokesh Sharma and Dhan Singh Choudhury are the other five accused against whom charges have been dropped besides Sadhvi.
The agency also said during investigation that it has been established that no offence is attracted in this case under the MCOCA, in which any statement given before a superintendent of police-level officer is admissible as evidence.
‘In furtherance of same, the confessional statements recorded under provisions of MCOCA by ATS Mumbai have not been relied up on by the NIA in submitting the present final report,’ the agency said in its chargesheet.
Lt Col Purohit and nine others will now be tried for charges including murder and conspiracy under the provisions of anti-terror law Unlawful Activities (Prevention) Act, the Indian Penal Code, the Arms Act and the Explosives Substance Act.
Director General of NIA Sharad Kumar told reporters on Friday that there was no dilution in the case.
Asked about the stand taken by the agency in the past when it had opposed the bail plea of Sadhvi and others even in the Supreme Court, he said, “Till our investigation was not complete, we had to go by the probe done by the ATS. Now that we have completed the investigations, we have submitted our final report (chargesheet).”
The chargesheet was submitted by public prosecutor Geeta Godambe before Special Judge S D Tekale in Mumbai.
Special Public Prosecutor in the case Avinash Rasal said he was not informed about the filing of the chargesheet (by the NIA). “I am hurt and I may resign from the case,” Rasal said.
The Congress attacked the NIA decision to drop charges against Sadhvi Praygya.
Senior leader Digvijay Singh said ‘as I had predicted the BJP (Bharatiya Janata Party) and the RSS (Rashtriya Swwayamsevak Sangh) have started the process of saving the Sangh activists involved in terror cases’.
‘Was the DG of NIA given extension for this?’ he asked.
Minister of State for Home Kiren Rijiju dismissed the allegation saying government does not interfere in the investigation by the agencies. “We allow agencies to work independently,” he said.