Malegaon blast case: MCOCA charges against Sadhvi Pragya, Lt Colonel Purohit dropped

A special NIA court in Mumbai on Wednesday dropped all charges under the stringent Maharashtra Control of Organised Crime Act (MCOCA) against Sadhvi Pragya Thakur, Lt Colonel Purohit and two others in the 2008 Malegaon blast case. However, both Sadhvi Pragya and Purohit will will face trial under an anti-terror law as the court junked their applications for discharge. The court discharged three accused – Shyam Sahu, Shivnarayan Kalsangra and Praveen Takalki – from the case. Apart from Sadhvi and Purohit, the accused who will now face trial are: Sudhakar Dwivedi, retired Major Ramesh Upadhyay, Sameer Kulkarni, Sudhakar Chaturvedi and Ajay Rahirkar. The court said the accused persons will face trial under Sections 16 (committing a terror act) and 18 (criminal conspiracy) of the Unlawful Activities Prevention Act (UAPA), and Sections 120(b) (punishment of criminal conspiracy), 302 (murder), 307 (attempt to murder) and 326 (intentionally causing harm to others) of the IPC. “The UAPA sections 17 (raising funds for a terrorist organisation or a terrorist attack), 20 (being part of a terrorist organisation) and 23 (aiding somebody who is part ofa terrorist organisation) have been dropped against all accused,” PTI quoted special NIA judge S D Tekale as saying. The formal framing of charges will be done on January 15, the court said and asked all the accused to be present. Reacting to the recent judgment, Congress leader Shakeel Ahmad said it was a well-known fact that the BJP government had been pressurising lawyers to help the accused. “Everyone knows the BJP government has been pressurising lawyers to help these people (accused) and the NIA was also putting pressure for the same. Former government lawyer (Rohini Salian) has stated that NIA had pressurised them to go slow (on the accused),” Ahmad said. Six persons were killed and nearly 100 others injured when a bomb strapped to a motorcycle had exploded in Malegaon town of Nashik district, about 270 km from Mumbai, on September 29, 2008. Sadhvi Pragya, 44, was arrested in October that year and Purohit, 44, the next month and both were charged with plotting the blasts as part of what the prosecution said a plan by Hindu right wing group Abhinav Bharat. The Anti-Terrorism Squad of the Maharashtra police, which probed the case initially, charged Thakur, Purohit, Sudhakar Dwivedi, Ramesh Upadhyay, Sudhakar Chaturvedi, Jagdish Mhatre, Rakesh Dhawade, Ajay Rahirkar, Samir Kulkarni, Shyam Sahu, Shivnarayan Kalsangra, Pravin Mutalik and Ramchandra Kalsangra. According to the ATS, it was Ramchandra Kalsangra who planted the bomb, and who is still absconding. Thakur gave her motorbike to Kalsangra to plant the bomb, the ATS said. Thakur filed a discharge plea after the Bombay High Court granted her bail in April. The NIA didn’t oppose her bail application. Purohit is also on bail. The court also said the UAPA sections 17, 20 and 23 have been dropped against all accused. These sections relate to raising funds for a terrorist organisation, being part of a terrorist organisation and aiding someone who is part of a terrorist organisation. This part of the ruling gives relief to saffron outfit Abhinav Bharat, which was accused by Mumbai ATS of providing arms training to right-wing activists. The ATS also says Purhoit was linked to Abhinav Bharat. (With PTI inputs)