The Special NIA court in Mumbai, which acquitted all the accused in the Maleagon blasts case on Thursday, has highlighted various contradictions between the investigations conducted by the Anti-Terrorist Squad (ATS) Mumbai and National Investigation Agency (NIA).
The 2008 blast, which killed six persons and injured over 100, was initially investigated by the ATS and then handed over to the NIA in 2011. The central agency filed a supplementary chargesheet in the case in 2016 and went on to exonerate some of the accused.
In the verdict released on Friday, the Special Judge AK Lahoti noted that the agencies' conclusions were at variance with each other.
“The investigating officer of NIA specifically mentioned the reasons in the chargesheet for arriving at certain conclusion and not agree fully on material aspects to the earlier investigation carried out by the investigating officers of ATS. PW-321 (Dy.SP Anil Dubey) has also admitted that, they found several inherent legal lacunas /complications in the charge-sheet of ATS which they had filed on record. He also admitted that to the some extend the investigation conducted by ATS was flawed investigation. Thus, the opinion and conclusion drawn by both the investigating agencies are fairly different and dissenting on various material aspects.”
In particular, the Court said that ATS and NIA arrived at different conclusions on the evidence pertaining to planting, assembling and fitting of RDX used in the blast.
“It is necessary to mention that, both the premier Investigating Agencies i.e. ATS and NIA, are having dissenting view on the aforesaid aspects. They do not agree with each others view as they have revealed different things on the aforesaid point during course of their own investigation,” the judge said.
The Court further noted that the agencies took different stands on the source and fitting of the RDX used in the blasts and the transportation of the LML Freedom Motorcycle, which was at the heart of the case.
As per ATS, the Court said the source of the RDX was Lt. Colonel Prasad Shrikant Purohit; he brought it from Kashmir and kept it in the cupboard of his house.
The NIA on the other hand came with a case that Ramji Kalsangra and Sandeep Dange were in possession of LML Freedom Motorcycle and Dhansingh had transported the motorcycle fitted with IED from the house of Ramesh Mahalankar @ Amit Hakla.
“Thus, in short, as per ATS case the RDX was fitted in the house of A-11 by A-9 [Purohit] with the help of other co-accused. Whereas, NIA case depicts that it was fitted at Indore and brought to Malegaon from Sendhawa bus stand. Thus, there is material variance in their charge-sheet and both the investigation agencies are not consistent with each other on the material aspects like, fitting, transporting and involvement of accused,” the Court noted
In this regard, the Court also said that investigating agencies had not inquired or collected or filed any documentary evidence on record to show that Col. Purohit was posted at Kashmir during the particular period.
“Admittedly, for transportation of RDX, several formalities are required to be completed along-with several permissions. Transportation of RDX cannot be done alike other articles. There are several checks and restrictions for transportation of RDX. Not a single witness has deposed that, anyone had seen A-9 during his posting at Kashmir at specific place or for particular period or he has procured the RDX or he has brought the RDX. Thus, in the absence of any positive evidence, I am not inclined to accept that A-9 has brought any RDX from Kashmir as alleged,” it said while rejecting the ATS allegation.
The Court also noted that the investigating officer of NIA himself had supported the accusation that ATS had tortured witnesses in the case.
“The PW-321 has admitted in his cross examination which clearly shows that, during their investigation of NIA, it was transpired that statement of several witnesses is recorded by ATS by using force. They were illegally detained and tortured by ATS,” it said about witness statements regarding conspiracy meetings in the case.
Statement of several witnesses is recorded by ATS by using force. They were illegally detained and tortured by ATS.Trial Court
On the prosecution sanction under Unlawful Activities (Prevention) Act (UAPA), the Court said that NIA itself had admitted that they did not obtain sanction from the Central government even when they knew that sanction had been taken from the State government only.
“Thus, aforesaid admissions itself speak that, NIA has never applied for sanction or placed the proposal before Competent Authority of Central Government for getting sanction against the accused. The reasons behind it can be gathered from the testimony of this witness that; it was within their knowledge that ATS obtained sanction and second one is they had dissenting opinion about the evidence collected by ATS during the course of investigation. Their own charge-sheet depicts that, they were not in consonance with the investigation done by ATS. They found various witnesses’ statement being recorded by ATS by browbeating the witnesses,” the Court opined.
[Read Judgment]