NIA seeks time to file charge sheet in Malegaon case

There have been allegations that the agency has been asked to go slow in the terror cases involving the extreme rightwing group.

The National Investigation Agency (NIA) on Wednesday sought more time from a Mumbai court to file a charge sheet in the 2008 Malegaon blast case involving members of Abhinav Bharat, even as Attorney-General Mukul Rohatgi refused to decide whether the agency should retain the Maharashtra Control of Organised Crime Act in the case.

Though the case was transferred to the NIA in 2011, it has still not filed a charge sheet owing to the delay in the probe and multiple petitions filed by the main accused Sadhvi Pragya Singh Thakur and Lt. Col. Prasad Purohit who have questioned the applicability of the MCOCA. It is learnt that Mr. Rohatgi has only given a “verbal suggestion” to the agency and has not given any written reply. The NIA had written to Mr. Rohatgi, on dropping MCOCA charges against the 14 accused. An NIA official said that even if MCOCA charges were dropped, the Sections under the Unlawful Activities (Prevention) Act were enough to prosecute them.

NIA Director-General Sharad Kumar told The Hindu : “We will decide on the subject [on dropping MCOCA charges] when our investigations are complete. It is in the final stages and multiple officers have to submit their reports before a final decision is taken.”

Since the NDA came to power in May 2014, there have been allegations that the agency has been asked to go slow in the terror cases involving the extreme rightwing groups.

As reported by The Indian Express, former special public prosecutor >Rohini Salian has also alleged that she was asked to go slow in this case by the NIA.

J.P. Mishra, counsel for Sadhvi Pragya Singh Thakur, however, said dropping of MCOCA charges did not mean much. “The Supreme Court has already asked the NIA to drop MCOCA charges… The NIA is not doing anything new. To stand legal scrutiny, the MCOCA is applied when a syndicate is involved in more than one case. In this case, it is not so. Moreover, the Sections under the UAPA are still there,” he said.

The NIA has recorded the statements of 11 key witnesses in the case. The case was earlier investigated by the Maharashtra Anti Terrorism Squad (ATS), which had arrested nine Muslim men from Malegaon for their alleged role in the crime. The accused arrested by the ATS are on bail.

Recently, two witnesses (number 79 and 112 in NIA documents) recorded their statements before a magistrate in Delhi, saying they were coerced to give statements against Abhinav Bharat.