The special National Investigation Agency (NIA) court is set to commence the final arguments in the 2008 Malegaon blast case. This marks a significant phase in the long-standing legal proceedings surrounding the tragic incident in Maharashtra's Malegaon, which resulted in the deaths of six people and injuries to several others. The explosion, caused by a device strapped to a motorcycle, occurred near a mosque in Malegaon city, Nashik, on September 29, 2008.
The court has issued a directive prohibiting any arguments on the Unlawful Activities (Prevention) Act (UA(P)A) as the matter of sanction for UA(P)A is currently under the Supreme Court’s jurisdiction. This means that discussions on this specific legal aspect will be deferred until the Supreme Court delivers its decision.
The NIA court has also mandated the presence of all accused individuals in the courtroom, with the exception of Samir Kulkarni, whose trial has been stayed by the Supreme Court. Kulkarni’s case remains on hold until further orders from the apex court.
The NIA, after a detailed and prolonged investigation, informed the Special NIA Court on September 14, 2023, that it had concluded recording evidence and no longer needed to call any witnesses for statements. Throughout the trial, the NIA recorded statements from 323 witnesses, and additionally, 37 witnesses turned hostile during the proceedings.
The investigation of the 2008 Malegaon blast case initially began with the Maharashtra Anti-Terrorism Squad (ATS) before being transferred to the NIA in 2011. This transition marked a pivotal change in the handling of the case, bringing it under the purview of the national agency known for dealing with terrorism-related cases.
Among those facing trial are prominent figures such as former Bharatiya Janata Party (BJP) Member of Parliament Pragya Singh Thakur and Lieutenant Colonel Prasad Purohit, along with six others. The inclusion of high-profile individuals in the list of accused has kept the case in the public eye and has added layers of complexity to the judicial process.
On April 30, 2023, the Supreme Court stayed the trial court proceedings against Samir Kulkarni. This decision came in response to a plea filed by Kulkarni, through his advocate Vishnu Shankar Jain, challenging the competence of the trial court to conduct the trial without a valid sanction under Section 45(2) of the UAPA.
Kulkarni's plea also contested the Bombay High Court’s order from June 28, 2023, which had upheld the NIA court's April 24, 2023, decision rejecting his objections regarding the trial court’s competence.
The central issue in Kulkarni’s plea was the validity of the sanction required under the UAPA for the trial to proceed. The Supreme Court’s intervention in staying the trial against him has brought this legal question to the forefront, awaiting a final decision that will determine the course of action.
As the NIA court moves forward with the final arguments, the outcome of this phase will be crucial in concluding a case that has spanned over a decade and has seen numerous legal twists and turns. The directives issued by the court aim to streamline the arguments and focus on the critical aspects that will ultimately decide the fate of the accused.
The Malegaon blast case continues to be a significant point of reference in discussions about terrorism, legal processes, and the handling of high-profile cases in India. The court’s approach and the eventual verdict will likely have broader implications for similar cases in the future, influencing legal strategies and the interpretation of laws related to terrorism and national security.
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