The Bombay High Court on Wednesday allowed appeals filed by four accused in the 2006 Malegaon blasts case, permitting them to challenge the charges framed against them under the stringent anti-terror law Unlawful Activities (Prevention) Act (UAPA) and other offences under the Indian Penal Code, including murder, attempt to murder, and attempting to cause communal breach of peace.
Court Ruling
A division bench of Chief Justice Shree Chandrashekhar and Justice S.C. Chandak pronounced the judgment, stating, "Appeals are allowed." The accused had sought quashing of the charges framed against them.
Background of the Blasts
On September 8, 2006, at approximately 1:50 PM, four bombs exploded in Malegaon. Three of them detonated in the compound of Hamidiya Masjid and Bada Kabrastan, while the fourth exploded at Mushawart Chowk. The explosions killed 31 people and injured over 312 others.
Charges Framed
Nineteen years after the blasts, a special trial court in Mumbai framed 19 charges against four accused—Manohar Narwaria, Rajendra Chaudhary, Dhan Singh, and Lokesh Sharma—including under the Explosives Act. The National Investigation Agency (NIA) had filed a chargesheet in the case. When the charges were read out, the accused pleaded not guilty and subsequently approached the High Court in appeal to challenge the charges.
Arguments by Defense
Defense counsel Kaushik Mhatre argued that there was no evidence against the accused. He contended that the identification parade for Chaudhary and Dhan Singh was conducted after six and a half years, rendering it unreliable. Additionally, lawyers Girish Kulkarni and Mhatre argued that the primary evidence—a confession statement of Swami Aseemanand, on the basis of which the accused were arrested—was rejected by two special NIA courts in Hyderabad in another blast case trial. The Hyderabad NIA court had rejected the confession statement on the grounds that it was recorded under duress and coercion, thereby leaving the case against the four accused without any basis and precluding the need for a trial.
The appeals also pointed out that the four accused were granted bail by the High Court, which, after considering the NIA probe, observed that no evidence had been collected to show any incriminating recovery from them.
NIA's Opposition
The NIA, represented by Additional Solicitor General Anil Singh and CBI special public prosecutor Kuldeep Patil, opposed the appeals on merit. The NIA argued that the ultimate intention was to cause communal disharmony, as the blasts occurred on a Friday after prayers, a significant time for the majority of Malegaon's inhabitants.
Investigation History
The case was initially investigated by the State Anti-Terrorist Squad (ATS), which arrested nine accused. The Central Bureau of Investigation (CBI) also confirmed the involvement of these nine, but the NIA took over the investigation on April 4, 2011. On April 25, 2016, the special NIA court discharged all nine accused arrested by the ATS. The NIA had arrested the four appellants in 2013. The defense noted that all nine were dropped based on Swami Aseemanand's confession, and when the High Court asked the CBI whether it had appealed against the discharge, the CBI said it had not.
Related Case
In September 2008, another blast in Malegaon killed six people. In July 2023, a special trial court acquitted all seven accused in that case, including Sadhvi Pragya Singh Thakur and Lt. Col. Prasad Purohit. The four accused in the 2006 case were not among those acquitted in the 2008 case.
