Malegaon blasts: SC judge recuses himself from hearing plea

The prosecutor had recently stirred a controversy by alleging that an officer of NIA had told her to "go soft" on the accused.

September 04, 2015 12:21 pm | Updated November 16, 2021 10:37 pm IST - New Delhi

Supreme Court judge, Justice U.U. Lalit, on Friday recused himself from hearing a public interest petition for a court-monitored investigation into allegations made by Rohini Salian, Special Public Prosecutor for National Investigating Agency, that she was asked to go “soft” in the 2008 Malegaon blasts case involving Hindu right-wing groups.

The case was called for hearing before the bench led by Justice F.M.I. Kalifulla, when Justice Lalit said that he would like to withdraw from hearing the case as he had appeared for some of the accused in the past.

The petition filed in the Supreme Court by human rights worker and writer, Harsh Mander, said Ms. Salian's allegations raised suspicions whether an attempt was made by the NIA, acting for its “political masters”, to “seriously compromise a free, fair and transparent trial”.

“It is trite law that ensuring independence of the prosecution system is one of the basic foundations of a free, fair and transparent trial,”the public interest petition represented by senior advocate and former Additional Solicitor General Indira Jaising contended.

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The petition said that NIA was specially set up in the aftermath of 26/11 Mumbai terror attacks to investigate terror attacks in the country. It had taken over the Malegaon blast case on the direction of the Union Home Ministry on April 13, 2011.

“It is still investigating the case. It is pertinent to mention that the trial is yet to begin in the said matter. However, till date, as alleged by Ms. Salian, the NIA has failed to add a single piece of new evidence in the case over Malegaon blasts and other terror acts...” the petition contended.

In a statement released in June, 2015, NIA countered Salian's allegations, saying the case is yet to reach trial stage and she was not bypassed. The agency denied creating impediments or issuing any “inapproporiate briefing” of the prosecutor.

Accusing the government of “high-handedness”, the petition has now sought the apex court to direct the appointment of a Special Public Prosecutor.

The Malegaon 2008 blast case was a first case allegedly involving Hindu extremists.

In April this year, the Supreme Court expressed prima facie doubts about charging Malegaon blast accused Sadhvi Pragya Thakur, Lt. Col Shrikant Purohit under the draconian MCOCA, thus, opening the door for the trial court to consider their bail.

Seven people were killed in a bomb blast on September 29, 2008 at Malegaon, a communally—sensitive textile town in Nasik district of North Maharashtra.

Investigators named Pragya Thakur, Purohit and another accused Swami Dayanand Pandey as the key conspirators. Rakesh Dhawde, Ramesh Upadhyay, Shyamlal Sahu, Shivnarain Kalsangra, Sudhakar Chaturvedi, Jagdish Mhatre and Sameer Kulkarni were the other seven accused.

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