Stage set for release of Muslim accused in Malegaon blast case
The National Investigating Agency (NIA) by filing the present chargesheet in Malegaon bomb blast case has once again shown how it works under its ‘masters voice’ and is completely under the dictates of the Central Government, said Advocate Anil Soni, who represented the accused in the Mumbai court during the hearing on the chargesheet.
In a statement issued on May 27 Shri Soni said unlike the Central Bureau of Investigation (CBI) which has come under scrutiny of the Supreme Court, the NIA is a loose horse; in which officers have been especially hand-picked who will obey the dictates of their political bosses.
It may be recalled that the NIA recently held four Hindu youth as accused in Malegaon blast case and filed a fresh chargesheet in Mumbai Court on May 22. The chargesheet named Manohar Narwaria, Dhan Singh, Rajendra Chaudhary and Lokesh Sharma who allegedly conspired and carried out the Malegaon blast. The NIA also named Ramchandra Kalsangra alias Ramji, Sandeep Dange and Ramesh Mahalkar as ‘wanted accused’ in the case. Surprisingly, the NIA chargesheet does not include the names of Sadhvi Pragya and Col Shrikant Purohit, who were held responsible for the Malegaon blast by the Maharashtra ATS.
The present chargesheet is nothing but one of the modes in the appeasement policy of the ruling government. The chargesheet does not include ATS and CBI chiefs and their officers (going by the NIA chargesheet) who are equally instrumental in concealing the ‘real culprits’ or for having conspired to implicate innocent persons and shielding the real accused under offences of 120-B, 192, 194, 219, 221 etc. of IPC, Advocate Soni said.
The NIA through the present chargesheet has tried to undermine the high institution like ATS and CBI and is trying to change the concept of basic criminal jurisprudence. He further said no reinvestigation is permissible and only further investigation u/s 173(8) of criminal procedure code is allowed and hence the present accused are likely to be discharged on this ground alone.
The previous chargesheet by ATS and CBI was based on cogent evidence of admissible confessions of Muslim accused that led police further to the place of making the bombs and recovery of RDX traces in the factory premises and traces of RDX in the bedding of one Muslim accused (Mohd. Ali Alam Shaikh).
The telephonic interception of conversations of accused Mohd. Zahid Abdul Majid placed on record, also cannot be brushed aside lightly, the release added. Now to preempt the attempt of the Central Government in connivance of the NIA to get discharged the Muslim accused from this terrorist attack, behind the back of the present accused person, Lokesh Sharma has moved an application before the trial judge seeking permission and notice of any application that is moved and discharge of the Muslim accused, so that the rebuttal can be placed and innocence of the present accused he proved.
The Malegaon blast took place on September 8, 2006. Seven of the nine suspects arrested by the Maharashtra Anti-Terrorism Squad (ATS) have been granted bail by the MCOCA court in November 2012. Remaining two are still incarcerated as they are accused in the 7/11 Mumbai local train blasts as well.
—Virag Pachpore
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